Utah § 72-5-310 - Notice of acknowledgment -- Court determination -- Presumption of acceptance.
Full text of Utah Utah Code § 72-5-310 — Notice of acknowledgment -- Court determination -- Presumption of acceptance., with citation guidance and answers to common questions.
§ 72-5-310. Notice of acknowledgment -- Court determination -- Presumption of acceptance.
72-5-310.
Notice of acknowledgment -- Court determination -- Presumption of acceptance.
(1)
The governor or the governor's designee shall provide a copy of the notice of acknowledgement by certified mail and return receipt requested to:
(a)
the last known owner of the servient estate in land over which the right-of-way or rights-of-way subject to the notice runs; and
(b)
any person known to have a competing dominant estate ownership claim.
(2)
(a)
A person with a servient estate or competing dominant estate ownership claim to the right-of-way may petition for a decision of the district court as to the correctness of the acknowledgment of acceptance of the R.S. 2477 grant issued under Section 72-5-309.
(b)
Venue for the court action shall be the district court for Salt Lake County.
(c)
The petition shall be filed no later than 60 days after the date on which the petitioner received a copy of the notice of acknowledgment.
(d)
The state, through the governor or the governor's designee, shall be named as a respondent and served with a copy of the petition in accordance with the Utah Rules of Civil Procedure.
(e)
No one other than a person with a servient estate ownership claim in land over which the right-of-way or rights-of-way subject to the notice runs or a competing dominant estate claim may challenge the correctness of a notice of acknowledgment.
(3)
The petition for a court decision of the correctness of the notice of acknowledgment shall be a complaint governed by the Utah Rules of Civil Procedure and shall contain:
(a)
the petitioner's name and mailing address;
(b)
a copy of the notice of acknowledgment the petitioner asserts is incorrect;
(c)
a request for relief specifying the type and extent of relief requested; and
(d)
a statement of the reasons why the petitioner is entitled to relief.
(4)
Except as provided under this Part 3, Rights-Of-Way Across Federal Lands Act, all pleadings and proceedings to determine the correctness of a notice of acknowledgment in the district court are governed by the Utah Rules of Civil Procedure.
(5)
The court shall make its decision without deference to the notice of acknowledgment.
(6)
(a)
In accordance with Section 72-5-302, a rebuttable presumption that the R.S. 2477 grant has been accepted is created when:
(i)
a highway existed on public lands not reserved for public uses as of the cut-off date under Section 72-5-301; and
(ii)
the highway currently exists in a condition suitable for public use.
(b)
The proponent of the R.S. 2477 status of the highway bears the burden of proving acceptance of the grant by a preponderance of the evidence for all decisions that are not subject to Subsection (6)(a).
Section 72-5-310 ("Notice of acknowledgment -- Court determination -- Presumption of acceptance.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 72-5-310?
A common citation format is "Utah Code § 72-5-310" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 72-5-310 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
