Utah Code 72-5-309. Acceptance of rights-of-way — Notice of acknowledgment required
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(1) The governor or the governor’s designee may assess whether the grant of the R.S. 2477 has been accepted with regard to any right-of-way so as to vest title of the right-of-way in the state and the applicable political subdivision as provided for in Section 72-5-103.
Terms Used In Utah Code 72-5-309
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Right-of-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) If the governor or governor’s designee concludes that the grant has been accepted as to any right-of-way, the governor or a designee shall issue a notice of acknowledgment of the acceptance of the R.S. 2477 grant as to that right-of-way.(3) A notice of acknowledgment of the R.S. 2477 grant shall include:(3)(a) a statement of reasons for the acknowledgment;(3)(b) a general description of the right-of-way or rights-of-way subject to the notice of acknowledgment, including the county in which it is located, and notice of where a center-line description derived from Global Positioning System data may be viewed or obtained;(3)(c) a statement that the owner of the servient estate in the land over which the right-of-way or rights-of-way subject to the notice runs or any person with a competing dominant estate ownership claim may file a petition with the district court for a decision regarding the correctness or incorrectness of the acknowledgment; and(3)(d) a statement of the time limit provided in Section 72-5-310 for filing a petition.(4)(4)(a)(4)(a)(i) The governor or the governor’s designee may record a notice of acknowledgment, and any supporting affidavit, map, or other document purporting to establish or affect the state’s property interest in the right-of-way or rights-of-way, in the office of the county recorder in the county where the right-of-way or rights-of-way exist.(4)(a)(ii)(4)(a)(ii)(A) A notice of acknowledgment recorded in the county recorder’s office is not required to be accompanied by a paper copy of the center-line description.(4)(a)(ii)(B) A paper copy of each center-line description together with the notice of acknowledgment shall be placed in the state archives created in Section 63A-12-101 and made available to the public upon request in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.(4)(a)(ii)(C) An electronic copy of the center-line description identified in a notice of acknowledgment shall be available upon request at:(4)(a)(ii)(C)(I) the county recorder’s office; or(4)(a)(ii)(C)(II) the Utah Geospatial Resource Center created in Section 63A-16-505.(4)(b) A notice of acknowledgment recorded in the county recorder’s office is conclusive evidence of acceptance of the R.S. 2477 grant upon:(4)(b)(i) expiration of the 60-day period for filing a petition under Section 72-5-310 without the filing of a petition; or(4)(b)(ii) a final court decision that the notice of acknowledgment was not incorrect. - Person: means :