78B-2-216 - Adverse possession of certain real property. - Utah Statutes

78B-2-216. Adverse possession of certain real property.
(1) As used in this section:
(a) "Government entity" means a town, city, county, or metropolitan water district.
(b) "Water facility" means any improvement or structure used, or intended to be used, todivert, convey, store, measure, or treat water.
(2) Except as provided in Subsection (3), a person may not acquire by adversepossession, prescriptive use, or acquiescence any right in or title to any real property:
(a) held by a government entity; and
(b) designated for any present or future public use, including:
(i) a street;
(ii) a lane;
(iii) an avenue;
(iv) an alley;
(v) a park;
(vi) a public square;
(vii) a water facility; or
(viii) a water conveyance right-of-way or water conveyance corridor.
(3) Notwithstanding Subsection (2) and subject to Subsection (4), a person may acquiretitle if:
(a) a government entity sold, disposed of, or conveyed the right in, or title to, the realproperty to a purchaser for valuable consideration; and
(b) the purchaser or the purchaser's grantees or successors in interest have been inexclusive, continuous, and adverse possession of the real property for at least seven consecutiveyears after the day on which the real property was sold, disposed of, or conveyed as described inSubsection (3)(a).
(4) A person who acquires title under Subsection (3) is subject to all other applicableprovisions of law.

Amended by Chapter 30, 2010 General Session