Utah § 54-3-27 - Public utility easement.

Full text of Utah Utah Code § 54-3-27 — Public utility easement., with citation guidance and answers to common questions.

§ 54-3-27. Public utility easement.

54-3-27.  Public utility easement.
(1) As used in this section:
(a) "Protected utility easement" means a recorded easement or right-of-way:
(i) for the use and installation of a utility facility; and
(ii) the ownership of which a gas corporation, electric corporation, or telephone corporation acquires and holds by any lawful means.
(b) "Public utility easement" means the area on a recorded plat map or other recorded document that is dedicated to the use and installation of public utility facilities.
(2)
(a) A public utility easement provides a public utility with:
(i) the right to install, maintain, operate, repair, remove, replace, or relocate public utility facilities; and
(ii) the rights of ingress and egress within the public utility easement for public utility employees, contractors, and agents.
(b) Notwithstanding Subsection (3), a public utility shall restore or repair, at the expense of the public utility, any fence, grass, soil, shrubbery, bushes, flowers, other low level vegetation, sprinkler system, irrigation system, gravel, flat concrete, or asphalt damaged or displaced from the exercise of the easement rights described in Subsection (2)(a).
(3) Except as provided in Subsection (2)(b), if a property owner places improvements to land that interfere with the easement rights described in Subsection (2)(a), the property owner shall bear the risk of loss or damage to those improvements resulting from the exercise of the easement rights described in Subsection (2)(a).
(4)
(a) Except as provided in Subsection (4)(b), a public utility easement is nonexclusive and may be used by more than one public utility.
(b) Notwithstanding Subsection (4)(a), a public utility may not:
(i) interfere with any facility of another public utility within the public utility easement; or
(ii) infringe on the legally required distances of separation between public utility facilities required by federal, state, or local law.
(5) A subdivision plat that includes a public utility easement may not be approved by a county or municipality unless the subdivider has provided the county or municipality proof that the subdivider has, as a courtesy, previously notified each public utility that is anticipated to provide service to the subdivision.
(6) A person may not acquire, whether by adverse possession, prescription, acquiescence, or otherwise, any right, title, or interest in a public utility easement or protected utility easement that is adverse to or interferes with a public utility's full use of the easement for the purposes for which the easement was created.
(7) A gas corporation's, electric corporation's, or telephone corporation's failure to possess, occupy, or use a protected utility easement does not diminish or extinguish any right that the gas corporation, electric corporation, or telephone corporation has under the easement.
(8) Nothing in this section may be construed to affect the right of a condemnor to condemn a public utility easement as provided by law.


Amended by Chapter 245, 2009 General Session

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Frequently Asked Questions About Utah § 54-3-27

What does Utah Code § 54-3-27 cover?

Section 54-3-27 ("Public utility easement.") 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 § 54-3-27?

A common citation format is "Utah Code § 54-3-27" (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 § 54-3-27 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.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.