Section 104 – Commencement of civil action.

• (1) To obtain an order to relocate an easement under this chapter, a servient estate owner shall commence a civil action.

• (2)
  • (a) Except as provided in Subsection (2)(b), a servient estate owner that commences a civil action under Subsection (1) shall serve a summons and complaint on:
    • (i) the easement holder whose easement is the subject of the relocation;
    • (ii) a security-interest holder of record of an interest in the servient estate or dominant estate;
    • (iii) a lessee of record of an interest in the dominant estate; and
    • (iv) any other owner of a recorded real-property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest.
  • (b) A servient estate owner is not required to serve a summons and complaint under Subsection (2)(a) on the owner of a recorded real-property interest in oil, gas, or minerals in the dominant estate unless:
    • (i) the real-property interest includes an easement to facilitate oil, gas, or mineral development; or
    • (ii) the owner is a lessee of record of a real-property interest in oil, gas, or minerals in the dominant estate.

• (3) A complaint under this section shall state:
  • (a) the intent of the servient estate owner to seek the relocation;
  • (b) the nature, extent, and anticipated dates of commencement and completion of the proposed relocation;
  • (c) the current and proposed locations of the easement;
  • (d) the reason the easement is eligible for relocation under Section 57-13c-102;
  • (e) the reason the proposed relocation satisfies the conditions for relocation under Section 57-13c-103; and
  • (f) that the servient estate owner has made a reasonable attempt to notify the holders of any public-utility easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation.

• (4)
  • (a) At any time before the court renders a final order in an action under Subsection (1), a person served under Subsection (2)(a)(ii), (iii), or (iv) may file a document, in recordable form, that waives the person’s rights to contest or obtain relief in connection with the relocation or subordinates the person’s interests to the relocation.
  • (b) On filing of the document, the court may order that the person is not required to answer or participate further in the action.

Enacted by Chapter 305, 2022 General Session