Conditions where property owner consent is not required.

17D-4-104. Conditions where property owner consent is not required.

Any provision of this chapter requiring the consent or signatures of 100% of surface property owners within an applicable area, the consent of any public entity, utility provider, or owners' association that is a property owner within an applicable area is not required if the public entity, utility provider, or owners' association ownership interest within the applicable area is limited to:

(1) an easement;

(2) a right-of-way; or

(3) a public improvement, utility improvement, or related improvement.