Utah § 73-29-205 - Injunctive relief.
Full text of Utah Utah Code § 73-29-205 — Injunctive relief., with citation guidance and answers to common questions.
§ 73-29-205. Injunctive relief.
| (1) | The owner of private property may obtain injunctive relief against a person who, without permission, enters, remains, or persists in an effort to enter or remain on the owner's property for recreational use of public water other than use in accordance with Sections 73-29-202 and 73-29-203, when effective. |
| (2) | An injunction under this section is in addition to any remedy for trespass. |
| (3) | The existence of an easement under Section 73-29-203 is a defense in an action for injunctive relief under this section or a claim of trespass under other law. |
| (4) | If a person against whom an injunction is sought, or a person charged with trespass, establishes by clear and convincing evidence the existence of an easement for defense purposes, as described in Subsection (3), the establishment of the existence of the easement applies only to the defense and does not constitute a judicial declaration of the easement's existence for another purpose. |
| (5) | If an owner obtains an injunction against a person under this section, the injunction does not serve as a declaration that there is no public easement on the owner's property. |
| (6) | The court may award attorney fees and costs in an action under this section if the court finds that the losing party's arguments lack a reasonable basis in law or fact. |
Enacted by Chapter 410, 2010 General Session
Frequently Asked Questions About Utah § 73-29-205
What does Utah Code § 73-29-205 cover?
Section 73-29-205 ("Injunctive relief.") 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 § 73-29-205?
A common citation format is "Utah Code § 73-29-205" (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 § 73-29-205 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.