72-5-309. Acceptance of rights-of-way -- Notice of acknowledgment required.
(1) The governor or the governor's designee may assess whether the grant of the R.S. 2477 has been accepted with regard to any right-of-way so as to vest title of the right-of-way in the state and the applicable political subdivision as provided for in Section. 72-5-103
(2) If the governor or governor's designee concludes that the grant has been accepted as to any right-of-way, the governor or a designee shall issue a notice of acknowledgment of the acceptance of the R.S. 2477 grant as to that right-of-way.
(3) A notice of acknowledgment of the R.S. 2477 grant shall include: a statement of reasons for the acknowledgment; a general description of the right-of-way or rights-of-way subject to the notice of acknowledgment, including the county in which it is located, and notice of where a center-line description derived from Global Positioning System data may be viewed or obtained; a statement that the owner of the servient estate in the land over which the right-of-way or rights-of-way subject to the notice runs or any person with a competing dominant estate ownership claim may file a petition with the district court for a decision regarding the correctness or incorrectness of the acknowledgment; and a statement of the time limit provided in Sectionfor filing a petition. 72-5-310
(4) The governor or the governor's designee may record a notice of acknowledgment, and any supporting affidavit, map, or other document purporting to establish or affect the state's property interest in the right-of-way or rights-of-way, in the office of the county recorder in the county where the right-of-way or rights-of-way exist. A notice of acknowledgment recorded in the county recorder's office is not required to be accompanied by a paper copy of the center-line description. A paper copy of each center-line description together with the notice of acknowledgment shall be placed in the state archives created in Sectionand made available to the public upon request in accordance with. 63A-12-101 Title 63G, Chapter 2, Government Records Access and Management Act An electronic copy of the center-line description identified in a notice of acknowledgment shall be available upon request at: the county recorder's office; or the Utah Geospatial Resource Center created in Section. 63A-16-505 A notice of acknowledgment recorded in the county recorder's office is conclusive evidence of acceptance of the R.S. 2477 grant upon: expiration of the 60-day period for filing a petition under Sectionwithout the filing of a petition; or 72-5-310 a final court decision that the notice of acknowledgment was not incorrect.