{"data":{"id":"us-ut/utah-code-72-5-309","jurisdiction":"us-ut","citation":"Utah Code § 72-5-309","heading":"Acceptance of rights-of-way -- Notice of acknowledgment required.","body":"(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.\n(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.\n(3) A notice of acknowledgment of the R.S. 2477 grant shall include:\n(a) a statement of reasons for the acknowledgment;\n(b) 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;\n(c) 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\n(d) a statement of the time limit provided in Section 72-5-310 for filing a petition.\n(4)\n(a)\n(i) 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.\n(ii)\n(A) 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.\n(B) A paper copy of each center-line description together with the notice of acknowledgment shall be placed in the state archives created in Section 63A-12-101 and made available to the public upon request in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.\n(C) An electronic copy of the center-line description identified in a notice of acknowledgment shall be available upon request at:\n(I) the county recorder's office; or\n(II) the Utah Geospatial Resource Center created in Section 63A-16-505.\n(b) A notice of acknowledgment recorded in the county recorder's office is conclusive evidence of acceptance of the R.S. 2477 grant upon:\n(i) expiration of the 60-day period for filing a petition under Section 72-5-310 without the filing of a petition; or\n(ii) a final court decision that the notice of acknowledgment was not incorrect.","path":["Title 72 Transportation Code","Chapter 72-5 Rights-Of-Way Act","Part 72-5-3 Rights-Of-Way Across Federal Lands Act"],"source_url":"https://le.utah.gov/xcode/Title72/Chapter5/72-5-S309.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"aca8e67b191ce1551db1fd63429bd29ffbe89dd713ffd6dcc987624f2063bacc","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-72-5-308","next":"us-ut/utah-code-72-5-310"},"notice":"GroundRules: Original legal text. Not legal advice."}
