73-29-203 (Effective 05/10/11) - Establishment of public recreational access. - Utah Statutes

73-29-203 (Effective 05/10/11). Establishment of public recreational access.
(1) Public recreational access is established if:
(a) the private property has been used by the public for recreational access requiring theuse of the public water for a period of at least 10 consecutive years that begins after September22, 1982; and
(b) the public use has been:
(i) continuous during the season conducive to the recreational access;
(ii) open and notorious;
(iii) adverse; and
(iv) without interruption.
(2) The permissive use of a public water on private property granted by the owner is notan adverse use.
(3) (a) A property owner's overt act intended to interrupt uninvited recreational access isa sufficient interruption to restart any period of use that may have already begun underSubsection (1) if the evidence, taken as a whole, shows that the act came to the attention of thepublic or resulted in actual interruption.
(b) If an overt act is established in a final judgment to have interrupted recreationalaccess, no other person may challenge the existence of the overt act in a subsequent action.
(4) The extent and nature of the public recreational access permitted under Subsection(1) is determined by the nature of the historical recreational access during the 10 consecutiveyears required under Subsection (1).
(5) When a public water is a lake, pond, or reservoir located on a natural stream and onprivate property, any portion that has been developed or protected for private hunting is notsubject to public recreational access even though the remainder of the public water qualifies forpublic recreational access under this section.
(6) A right of public recreational access on private property, established in accordancewith this section, may not be closed without authorization of other law.

Enacted by Chapter 410, 2010 General Session