Utah Code 65A-3-4. Liability for causing wildland fires
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(1) As used in this section:
Terms Used In Utah Code 65A-3-4
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :
(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5- Wildland: means an area where:
(9)(a) development is essentially non-existent, except for roads, railroads, powerlines, or similar transportation facilities; and(9)(b) structures, if any, are widely scattered. See Utah Code 65A-1-1- Wildland fire: means a fire that consumes:
(10)(a) wildland; or(10)(b) wildland-urban interface, as defined in Section65A-8a-102 . See Utah Code 65A-1-1(1)(a) “Electric cooperative” means the same as that term is defined in Section 54-24-102.(1)(b) “Electrical transmission wildland fire protection plan” means a wildland fire protection plan, as defined in Section 54-24-102, that is:(1)(b)(i) prepared and submitted by a qualified utility and approved as provided in Section 54-24-201; or(1)(b)(ii) prepared and submitted by an electric cooperative and approved as provided in Section 54-24-203.(1)(c) “Qualified utility” means the same as that term is defined in Section 54-17-801.(2)(2)(a) Except as provided in Subsection (3), a person who negligently, recklessly, or intentionally causes or spreads a wildland fire shall be liable for the cost of suppressing that wildland fire, regardless of whether the fire begins on:(2)(a)(i) private land;(2)(a)(ii) land owned by the state;(2)(a)(iii) federal land; or(2)(a)(iv) tribal land.(2)(b) The conduct described in Subsection (2)(a) includes any negligent, reckless, or intentional conduct, and is not limited to conduct described in Section 65A-3-2.(3) In an action under this section to recover for property damage resulting from a wildland fire or to recover the cost of fire suppression resulting from a wildland fire, a qualified utility or electric cooperative may not be considered to have negligently caused a wildland fire if:(3)(a)(3)(a)(i) the electrical transmission wildland fire protection plan of the qualified utility or electric cooperative identifies and addresses the cause of the wildland fire for fire mitigation purposes; and(3)(a)(ii) at the origin of the wildland fire, the qualified utility or electric cooperative has completed the fire mitigation work identified in the electrical transmission wildland fire protection plan, including:(3)(a)(ii)(A) inspection, maintenance, and repair activities;(3)(a)(ii)(B) modifications or upgrades to facilities or construction of new facilities;(3)(a)(ii)(C) vegetation management work; and(3)(a)(ii)(D) preventative programs; or(3)(b)(3)(b)(i) the qualified utility or electric cooperative is denied or delayed access to a right-of-way on land owned by the state, a federal agency, or a tribal government after the qualified utility or electric cooperative requests access to the right-of-way to perform vegetation management or fire mitigation work in accordance with an electrical transmission wildland fire protection plan; and(3)(b)(ii) the electrical transmission wildland fire protection plan identifies and addresses the cause of the wildland fire for fire mitigation purposes.(4) A person who incurs costs to suppress a wildland fire may bring an action under this section to recover those costs.(5)(5)(a) A property owner who suffers damages resulting from a wildland fire may bring an action under this section to recover those damages.(5)(b) An award for damages to real property resulting from a wildland fire, including the loss of vegetation, shall be the lesser of:(5)(b)(i) the cost to restore the real property to its pre-wildland fire condition; or(5)(b)(ii) the difference between:(5)(b)(ii)(A) the fair market value of the real property before the wildland fire; and(5)(b)(ii)(B) the fair market value of the real property after the wildland fire.(6) A person who suffers damage from a wildland fire may pursue all other legal remedies in addition to seeking damages under Subsection (4) or (5). - Person: means :