Title 57, Real Estate

57-10-6. Reference materials defining coordinate systems. For purposes of defining the coordinate systems referenced in this chapter, the state adopts the reference materials that NGS publishes and maintains for the Utah Plane Coordinate System and the associated datums, projecti…

57-10-7. Coordinates required to be based on control stations. (1) A person who uses coordinates from the Utah Plane Coordinate System to define the position of a point on a land boundary shall base the coordinates on a monumented horizontal control station that conforms to the s…

57-10-8. Use of terms on maps and documents. (1) A document that identifies or uses a coordinate system shall clearly and completely identify the coordinate system used in accordance with Section 57-10-9. (2) A person who uses the term "Utah Coordinate System" on a map, report of…

57-10-9. Use of coordinate system. (1) A person who uses the Utah Plane Coordinate System for horizontal or vertical coordinate values shall reference the values to the most current National Spatial Reference System that the NGS maintains. (2) A person shall include metadata that…

57-11-1. Short title. This act shall be known and may be cited as the "Utah Uniform Land Sales Practices Act."

57-11-10. Renewal report -- Renewal fee -- Examination by division -- Annual reports. (1)(a) Within 30 days after each annual anniversary date of the division's registration of subdivided lands, the subdivider shall file a renewal report in the form the division prescribes togeth…

57-11-11. Rules of division -- Notice and hearing requirements -- Filing advertising material -- Injunctions -- Intervention by division in suits -- General powers of division. (1)(a) The division shall prescribe reasonable rules which shall be adopted, amended, or repealed only …

57-11-12. Investigatory powers and proceedings of division. (1) The division may: (a) make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this act or any rule or order hereunder or to …

57-11-13. Enforcement powers of division -- Cease and desist orders. (1)(a) If the director has reason to believe that any person has been or is engaging in conduct violating this chapter, or has violated any lawful order or rule of the division, the director shall issue and serv…

57-11-14. Revocation, suspension, or denial of registration -- Grounds -- Suspension or revocation of license. (1)(a) If the division makes a written finding of fact that a subdivider engages in one or more acts described in Subsection (1)(b), the division may: (i) deny an applic…

57-11-15. Judicial review. (1) Any person aggrieved by any order of the division may obtain judicial review. (2)(a) Venue for judicial review of informal adjudicative proceedings is in the district court where the aggrieved person maintains his principal place of business, if sit…

57-11-16. Violations -- Duties of attorney general, county attorney, or district attorney. (1)(a) A person who violates this chapter is guilty of a class B misdemeanor, except as provided in Subsection (1)(b). (b) A person who knowingly makes an untrue statement or knowingly omit…

57-11-17. Violations -- Civil remedies. (1)(a) A person is liable as provided in Subsection (1)(b) if that person: (i) disposes of subdivided lands in violation of Subsection 57-11-5(1), (2), or (3); (ii) in disposing of subdivided lands, makes an untrue statement of a material f…

57-11-18. Dispositions subject to chapter -- Jurisdiction of courts. (1) Dispositions of subdivided lands are subject to this chapter. (2) A court of this state has jurisdiction in a claim or action arising under this chapter if: (a) the subdivided lands offered for disposition a…

57-11-2. Definitions. As used in this chapter: (1)(a) "Disposition" includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. (b) "Disposition" does not include the sale or lease of land held by railro…

57-11-20. Service of process. (1) In addition to the methods of service provided for in the Utah Rules of Civil Procedure, service may be made by delivering a copy of the process to the office of the division, but it is not effective unless the plaintiff, which may be the divisio…

57-11-21. Uniformity of construction. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

57-11-3. Administration by division. The division shall administer this chapter.

57-11-3.5. Procedures -- Adjudicative proceedings. The Division of Real Estate shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.

57-11-4. Exemptions. (1) Unless the method of disposition is adopted for the purpose of evasion of this chapter or the federal act, this chapter does not apply to an offer or disposition of an interest in land: (a) by a purchaser of subdivided lands for the person's own account i…

57-11-5. Registration, public offering statement, and receipt required for sale of subdivided land -- Temporary permit -- Right of rescission. Unless the subdivided lands or the transaction is exempt under Section 57-11-4, all of the following apply: (1) No person may offer or di…

57-11-6. Application for registration -- Required documents and information -- Filing fee and deposit -- Consolidation of registration of additional lands -- Reports of changes. (1) An application for registration of subdivided lands shall be filed as prescribed by the division's…

57-11-7. Public offering statement -- Contents -- Restrictions on use -- Alteration or amendments. (1) Every public offering statement shall disclose completely and accurately to prospective purchasers: (a) the physical characteristics of the subdivided lands offered; and (b) unu…

57-11-8. Examination by division on application for registration. Upon receipt of an application for registration in proper form, the division shall immediately initiate an examination to determine whether: (1) the requirements of Sections 57-11-6 and 57-11-7 have been satisfied;…

57-11-9. Notice of filing of application for registration -- Division orders of registration or rejection. (1)(a) Upon receipt of the application for registration in proper form, the division shall issue a notice of filing to the applicant within five business days of the date of…

57-12-1. Short title. This act shall be known and may be cited as the "Utah Relocation Assistance Act."

57-12-10. Displacing agency may contract for services or function through another agency. To prevent unnecessary expense and duplication of functions and to promote uniform and effective administration of relocation assistance programs for displaced persons, the displacing agency…

57-12-11. Payments not income or resources for welfare or tax purposes. No payment received by a displaced person under this act shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under a…

57-12-12. Judicial review. (1) Any person aggrieved by an order concerning relocation assistance may obtain judicial review. (2) Venue for judicial review of informal adjudicative proceedings is in the district court of the county in which the real property taken for public use i…

57-12-13. Procedure for acquisition of property. (1)(a) As used in this section, "fee simple owner" means the owner of a fee simple interest in real property. (b) "Fee simple owner" does not include a tenant, lienholder, or other claimant of an interest in real property. (2) Any …

57-12-14. Dispute resolution -- Additional appraisal. (1) If the agency and the private property owner or displaced person disagree on any issue arising out of this chapter, the private property owner may submit the dispute for mediation or arbitration according to the procedures…

57-12-2. Declaration of policy. (1) It is hereby declared to be the policy of this chapter and of the state, and the Legislature recognizes: (a) that it is often necessary for the various agencies of state and local government to acquire land by condemnation; (b) that persons, bu…

57-12-3. Definitions. As used in this chapter: (1) "Agency" means: (a) a department, division, agency, commission, board, council, committee, authority, political subdivision, or other instrumentality of the state or of a political subdivision of the state whether one or more; an…

57-12-4. Federal funds -- Direct assistance. (1) When federal funds are available for payment of direct financial assistance to a person that an agency's acquisition of real property displaces, the displacing agency may use those federal funds with state or local funds to the ext…

57-12-5. Reimbursement of owner for expenses. Any agency acquiring real property for its use shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding t…

57-12-6. Buildings, structures, or other improvements. (1) Where any interest in real property is acquired, an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which is required to be removed from the real property …

57-12-7. Replacement property. (1) No person shall be required to move or be relocated from land used for the person's residence and acquired under any of the condemnation or eminent domain laws of this state until the person has been offered a comparable replacement dwelling, in…

57-12-8. Advisory program. (1) Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person after the effective date of this act, the agency shall provide a relocation assistance advisory program for disp…

57-12-9. Rules of displacing agency. (1)(a) A displacing agency may enact rules to assure that: (i) the payments and assistance authorized by this chapter are administered in a manner that is fair, reasonable, and as uniform as practicable; (ii) a displaced person who makes prope…

57-13-1. Definitions. As used in this act: (1) "Solar easement" means a right, whether or not stated in the form of restriction, easement, covenant, or conditions in any deed, will, or other instrument executed by or on behalf of any owner of land or solar skyspace for the purpos…

57-13-2. Creation of solar easement -- Writing required -- Contents -- Enforcement. (1) Any property owner may grant a solar easement in the same manner and with the same effect as a conveyance of an interest in real property. The easements shall be created in writing and shall b…

57-13a-101. Definitions. As used in this chapter: (1) "Water conveyance" means a canal, ditch, pipeline, or other means of conveying water. (2) "Water user" means a water user or the water user's predecessor whose water being conveyed is represented by a water right recognized un…

57-13a-102. Prescriptive easement for water conveyance. (1) A prescriptive easement may be established if a water user has maintained a water conveyance for a period of 20 years during which the use has been: (a) continuous; (b) open and notorious; and (c) adverse. (2) If Subsect…

57-13a-103. Notice of easement. The holder of an easement established as provided by Section 57-13a-102 may file a notice describing the easement in the office of the county recorder of each county in which the easement or a portion of the easement is located.

57-13a-104. Abandonment of prescriptive easement for water conveyance. (1) A holder of a prescriptive easement for a water conveyance established under Section 57-13a-102 may, in accordance with this section, abandon all or part of the easement. (2)(a) A holder of a prescriptive …

57-13b-101. Title. This chapter is known as the "Easement for Historical Livestock Trail Act."