72-5-309 - Acceptance of rights-of-way -- Notice of acknowledgment required. - Utah Statutes

72-5-309. Acceptance of rights-of-way -- Notice of acknowledgment required.
(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 inthe state and the applicable political subdivision as provided for in Section 72-5-103.
(2) If the governor or governor's designee concludes that the grant has been accepted asto any right-of-way, the governor or a designee shall issue a notice of acknowledgment of theacceptance 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:
(a) a statement of reasons for the acknowledgment;
(b) a general description of the right-of-way or rights-of-way subject to the notice ofacknowledgment, including the county in which it is located, and notice of where a center-linedescription derived from Global Positioning System data may be viewed or obtained;
(c) a statement that the owner of the servient estate in the land over which theright-of-way or rights-of-way subject to the notice runs or any person with a competing dominantestate ownership claim may file a petition with the district court for a decision regarding thecorrectness or incorrectness of the acknowledgment; and
(d) a statement of the time limit provided in Section 72-5-310 for filing a petition.
(4) (a) (i) The governor or the governor's designee may record a notice ofacknowledgment, and any supporting affidavit, map, or other document purporting to establish oraffect the state's property interest in the right-of-way or rights-of-way, in the office of the countyrecorder in the county where the right-of-way or rights-of-way exist.
(ii) (A) A notice of acknowledgment recorded in the county recorder's office is notrequired to be accompanied by a paper copy of the center-line description.
(B) A paper copy of each center-line description together with the notice ofacknowledgment shall be placed in the state archives created in Section 63A-12-101 and madeavailable to the public upon request in accordance with Title 63G, Chapter 2, GovernmentRecords Access and Management Act.
(C) An electronic copy of the center-line description identified in a notice ofacknowledgment shall be available upon request at:
(I) the county recorder's office; or
(II) the Automated Geographic Reference Center created in Section 63F-1-506.
(b) A notice of acknowledgment recorded in the county recorder's office is conclusiveevidence of acceptance of the R.S. 2477 grant upon:
(i) expiration of the 60-day period for filing a petition under Section 72-5-310 withoutthe filing of a petition; or
(ii) a final court decision that the notice of acknowledgment was not incorrect.

Amended by Chapter 97, 2008 General Session
Amended by Chapter 382, 2008 General Session