Utah State Land Right-of-Way (3-UT-b)
State Land Right-of-Way Process
3-UT-b.1 – Easement Application, Filing Fee, and Advertising Deposit
Section 65A-7-8 authorizes UFFSL to establish rules for the issuance of easements on, through, and over any sovereign land, and to establish price schedules for this use. Easements may be acquired only by application and grant made in compliance with UFFSL rules. No easement or other interest in sovereign lands can be acquired by prescription, adverse possession, or by any other legal doctrine.
All applications must be made on UFFSL forms. The filing of an application form is deemed to constitute the developer's offer to purchase an easement under the conditions contained in the conveyance document. Applications for easements should be filed in the UFFSL office and will be immediately stamped with the exact date of filing R652-40-700.
Applications must be accompanied with a non-refundable application fee as specified in R652-4 and a deposit to cover applicable advertising costs.
3-UT-b.2 to 3-UT-b.3 – Review Application Materials for Completeness
Upon receipt of an application, the UFFSL will review the application for completeness. Developers submitting incomplete applications will be provided written notice of incompleteness and allowed 60 days to cure the deficiency. Incomplete applications not remedied within the 60-day period may be denied.
3-UT-b.4 – Review Application and Notify Applicant of Easement Charge
The charge for any easement (granted or renewed) is determined pursuant to R652-40-600. After review of the application, the division shall notify the developer of the charges pursuant to R652-40-600. Failure to pay the charges within 60 days of mailing of notification shall cause the denial of the application R652-40-400. UFFSL may establish price schedules for easements based on the cost incurred by the division in administering the easement and the fair-market value of the particular use.
3-UT-b.5 to 3-UT-b.6 – Easement Document
The easement shall be executed by the developer and returned to the division within 60 days from the date of developer's receipt of the written easement. Failure to execute and return the documents to the division within the 60-day period may result in cancellation of the conveyance and the discharge of any obligation of the division arising from the approval of the application R652-40-700.
Easements granted under these rules shall normally be for no greater than a 30 year term. Longer or shorter terms may be granted upon application if the UFFSL director determines that such a grant is in the best interest of the beneficiaries R652-40-800.
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