United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-813, 2006

A legislative body may approve a petition to vacate a public street, but the petition must include specified owner, notice, and consent information, and the body must hold a public hearing and make required findings…

Source excerpt

easementslandowner consentmunicipal utility easementnotice requirementspetition approvalpetition filingpublic hearingpublic infrastructurerecordationstreet vacationutility easementutility noticewater and sewer utilities

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2006
Dates: Enacted 2006

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Dates: Enacted 2006

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“A legislative body may approve a petition to vacate a public street, but the petition must include specified owner, notice, and consent information, and the body must hold a public hearing and make required findings before adoption.”

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Petition to vacate a public street.

Section 10-20-813

Subsection 10-20-813(3)(a)

good cause exists for the vacation; and

Section 10-20-813(3)(a)

Subsection 10-20-813(5)(b)(i)

an ordinance described in Subsection (4) ; and

Section 10-20-813(5)(b)(i)

Subsection 10-20-813(7)(a)

A municipality may submit a petition and carry out a process to vacate all or part of a public street, if it follows Subsection (2).

Section 10-20-813(7)(a)

Subsection 10-20-813(8)

A legislative body may not approve a petition to vacate a public street under this section unless the vacation identifies and preserves any easements owned by a culinary water authority and sanitary sewer authority for existing facilities

Section 10-20-813(8)

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Source record from le.utah.gov · Enacted 2006

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Showing 35 of 35 provisions

Provision 30Amendment 5

Part 10-20-8

part 10-20-8 Subdivisions

§ 10-20-813Petition to vacate a public street.Amendment

Source excerpt

Petition to vacate a public street. In lieu of vacating some or all of a public street through a plat or amended plat in accordance with Sections 10-20-803 through 10-20-812 , a legislative body may approve a petition to vacate a public street in accordance with this section. A petition to vacate some or all of a public street or municipal utility easement shall include: the name and address of each owner of record of land that is: adjacent to the public street or municipal utility easement between the two nearest public street intersections; or accessed exclusively by or within 300 feet of the public street or municipal utility easement; proof of written notice to operators of utilities and culinary water or sanitary sewer facilities located within the bounds of the public street or municipal utility easement sought to be vacated; and the signature of each owner under Subsection (2)(a) who consents to the vacation. If a petition is submitted containing a request to vacate some or all of a public street or municipal utility easement, the legislative body shall hold a public hearing in accordance with Section 10-20-208 and determine whether: good cause exists for the vacation; and the public interest or any person will be materially injured by the proposed vacation. The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street or municipal utility easement if the legislative body finds that: good cause exists for the vacation; and neither the public interest nor any person will be materially injured by the vacation. If the legislative body adopts an ordinance vacating some or all of a public street or municipal utility easement, the legislative body shall ensure that one or both of the following is recorded in the office of the recorder of the county in which the land is located: a plat reflecting the vacation; or an ordinance described in Subsection (4) ; and a legal description of the public street to be vacated. The action of the legislative body vacating some or all of a public street or municipal utility easement that has been dedicated to public use: operates to the extent to which it is vacated, upon the effective date of the recorded plat or ordinance, as a revocation of the acceptance of and the relinquishment of the municipality's fee in the vacated public street or municipal utility easement; and may not be construed to impair: any right-of-way or easement of any parcel or lot owner; the rights of any public utility; or the rights of a culinary water authority or sanitary sewer authority. A municipality may submit a petition, in accordance with Subsection (2) , and initiate and complete a process to vacate some or all of a public street. If a municipality submits a petition and initiates a process under Subsection (7)(a) : the legislative body shall hold a public hearing; the petition and process may not apply to or affect a public utility easement, except to the extent: the easement is not a protected utility easement as defined in Section 54-3-27 ; the easement is included within the public street; and the notice to vacate the public street also contains a notice to vacate the easement; and a recorded ordinance to vacate a public street has the same legal effect as vacating a public street through a recorded plat or amended plat. A legislative body may not approve a petition to vacate a public street under this section unless the vacation identifies and preserves any easements owned by a culinary water authority and sanitary sewer authority for existing facilities located within the public street.

Section 10-20-813Verify source

§ 10-20-813(1)Subsection 10-20-813(1)Amendment

Source excerpt

A legislative body may approve a petition to vacate a public street, instead of vacating it through a plat or amended plat under the cited sections.

In lieu of vacating some or all of a public street through a plat or amended plat in accordance with Sections 10-20-803 through 10-20-812 , a legislative body may approve a petition to vacate a public street in accordance with this section.

Section 10-20-813(1)Verify source

§ 10-20-813(2)Subsection 10-20-813(2)Provision

Source excerpt

A vacation petition must include landowner names and addresses, written utility notice proof, and consenting owners’ signatures.

A petition to vacate some or all of a public street or municipal utility easement shall include: the name and address of each owner of record of land that is: adjacent to the public street or municipal utility easement between the two nearest public street intersections; or accessed exclusively by or within 300 feet of the public street or municipal utility easement; proof of written notice to operators of utilities and culinary water or sanitary sewer facilities located within the bounds of the public street or municipal utility easement sought to be vacated; and the signature of each owner under Subsection (2)(a) who consents to the vacation.

Section 10-20-813(2)Verify source

§ 10-20-813(2)(a)Subsection 10-20-813(2)(a)Provision

Source excerpt

the name and address of each owner of record of land that is: adjacent to the public street or municipal utility easement between the two nearest public street intersections; or accessed exclusively by or within 300 feet of the public

Section 10-20-813(2)(a)Verify source

§ 10-20-813(2)(a)(i)Subsection 10-20-813(2)(a)(i)Provision

Source excerpt

adjacent to the public street or municipal utility easement between the two nearest public street intersections; or

Section 10-20-813(2)(a)(i)Verify source

§ 10-20-813(2)(a)(ii)Subsection 10-20-813(2)(a)(ii)Provision

Source excerpt

Access is limited to use exclusively by or within 300 feet of a public street or municipal utility easement.

accessed exclusively by or within 300 feet of the public street or municipal utility easement;

Section 10-20-813(2)(a)(ii)Verify source

§ 10-20-813(2)(b)Subsection 10-20-813(2)(b)Provision

Source excerpt

proof of written notice to operators of utilities and culinary water or sanitary sewer facilities located within the bounds of the public street or municipal utility easement sought to be vacated; and

Section 10-20-813(2)(b)Verify source

§ 10-20-813(2)(c)Subsection 10-20-813(2)(c)Provision

Source excerpt

the signature of each owner under Subsection (2)(a) who consents to the vacation.

Section 10-20-813(2)(c)Verify source

§ 10-20-813(3)Subsection 10-20-813(3)Provision

Source excerpt

If a petition requests vacation of all or part of a public street or municipal utility easement, the legislative body must hold a public hearing and make specified determinations.

If a petition is submitted containing a request to vacate some or all of a public street or municipal utility easement, the legislative body shall hold a public hearing in accordance with Section 10-20-208 and determine whether: good cause exists for the vacation; and the public interest or any person will be materially injured by the proposed vacation.

Section 10-20-813(3)Verify source

§ 10-20-813(3)(a)Subsection 10-20-813(3)(a)Provision

Source excerpt

good cause exists for the vacation; and

Section 10-20-813(3)(a)Verify source

§ 10-20-813(3)(b)Subsection 10-20-813(3)(b)Provision

Source excerpt

the public interest or any person will be materially injured by the proposed vacation.

Section 10-20-813(3)(b)Verify source

§ 10-20-813(4)Subsection 10-20-813(4)Provision

Source excerpt

The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street or municipal utility easement if it finds good cause and no material injury to the public interest or any person.

The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street or municipal utility easement if the legislative body finds that: good cause exists for the vacation; and neither the public interest nor any person will be materially injured by the vacation.

Section 10-20-813(4)Verify source

§ 10-20-813(4)(a)Subsection 10-20-813(4)(a)Provision

Source excerpt

good cause exists for the vacation; and

Section 10-20-813(4)(a)Verify source

§ 10-20-813(4)(b)Subsection 10-20-813(4)(b)Provision

Source excerpt

neither the public interest nor any person will be materially injured by the vacation.

Section 10-20-813(4)(b)Verify source

§ 10-20-813(5)Subsection 10-20-813(5)Provision

Source excerpt

If a legislative body vacates a public street or municipal utility easement, it must ensure specified vacation documents and a legal description are recorded with the county recorder.

If the legislative body adopts an ordinance vacating some or all of a public street or municipal utility easement, the legislative body shall ensure that one or both of the following is recorded in the office of the recorder of the county in which the land is located: a plat reflecting the vacation; or an ordinance described in Subsection (4) ; and a legal description of the public street to be vacated.

Section 10-20-813(5)Verify source

§ 10-20-813(5)(a)Subsection 10-20-813(5)(a)Provision

Source excerpt

a plat reflecting the vacation; or

Section 10-20-813(5)(a)Verify source

§ 10-20-813(5)(b)Subsection 10-20-813(5)(b)Provision

Source excerpt

an ordinance described in Subsection (4) ; and a legal description of the public street to be vacated.

Section 10-20-813(5)(b)Verify source

§ 10-20-813(5)(b)(i)Subsection 10-20-813(5)(b)(i)Provision

Source excerpt

an ordinance described in Subsection (4) ; and

Section 10-20-813(5)(b)(i)Verify source

§ 10-20-813(5)(b)(ii)Subsection 10-20-813(5)(b)(ii)Provision

Source excerpt

a legal description of the public street to be vacated.

Section 10-20-813(5)(b)(ii)Verify source

§ 10-20-813(6)Subsection 10-20-813(6)Provision

Source excerpt

If the legislative body vacates some or all of a public street or municipal utility easement dedicated to public use, that action operates as a revocation of acceptance and relinquishment of the municipality’s fee, but it must not be read to impair certain existing property, utility, or water/sewer rights.

The action of the legislative body vacating some or all of a public street or municipal utility easement that has been dedicated to public use: operates to the extent to which it is vacated, upon the effective date of the recorded plat or ordinance, as a revocation of the acceptance of and the relinquishment of the municipality's fee in the vacated public street or municipal utility easement; and may not be construed to impair: any right-of-way or easement of any parcel or lot owner; the rights of any public utility; or the rights of a culinary water authority or sanitary sewer authority.

Section 10-20-813(6)Verify source

§ 10-20-813(6)(a)Subsection 10-20-813(6)(a)Provision

Source excerpt

operates to the extent to which it is vacated, upon the effective date of the recorded plat or ordinance, as a revocation of the acceptance of and the relinquishment of the municipality's fee in the vacated public street or municipal

Section 10-20-813(6)(a)Verify source

§ 10-20-813(6)(b)Subsection 10-20-813(6)(b)Provision

Source excerpt

may not be construed to impair: any right-of-way or easement of any parcel or lot owner; the rights of any public utility; or the rights of a culinary water authority or sanitary sewer authority.

Section 10-20-813(6)(b)Verify source

§ 10-20-813(6)(b)(i)Subsection 10-20-813(6)(b)(i)Provision

Source excerpt

This provision refers to any right-of-way or easement belonging to a parcel or lot owner.

any right-of-way or easement of any parcel or lot owner;

Section 10-20-813(6)(b)(i)Verify source

§ 10-20-813(6)(b)(ii)Subsection 10-20-813(6)(b)(ii)Provision

Source excerpt

Refers to the rights of any public utility.

the rights of any public utility; or

Section 10-20-813(6)(b)(ii)Verify source

§ 10-20-813(6)(b)(iii)Subsection 10-20-813(6)(b)(iii)Provision

Source excerpt

This text refers to the rights of a culinary water authority or sanitary sewer authority.

the rights of a culinary water authority or sanitary sewer authority.

Section 10-20-813(6)(b)(iii)Verify source

§ 10-20-813(7)Subsection 10-20-813(7)Amendment

Source excerpt

A municipality may petition to vacate all or part of a public street, and the legislative body must hold a public hearing.

A municipality may submit a petition, in accordance with Subsection (2) , and initiate and complete a process to vacate some or all of a public street. If a municipality submits a petition and initiates a process under Subsection (7)(a) : the legislative body shall hold a public hearing; the petition and process may not apply to or affect a public utility easement, except to the extent: the easement is not a protected utility easement as defined in Section 54-3-27 ; the easement is included within the public street; and the notice to vacate the public street also contains a notice to vacate the easement; and a recorded ordinance to vacate a public street has the same legal effect as vacating a public street through a recorded plat or amended plat.

Section 10-20-813(7)Verify source

§ 10-20-813(7)(a)Subsection 10-20-813(7)(a)Provision

Source excerpt

A municipality may submit a petition and carry out a process to vacate all or part of a public street, if it follows Subsection (2).

A municipality may submit a petition, in accordance with Subsection (2) , and initiate and complete a process to vacate some or all of a public street.

Section 10-20-813(7)(a)Verify source

§ 10-20-813(7)(b)Subsection 10-20-813(7)(b)Amendment

Source excerpt

If a municipality submits a petition and starts the process under Subsection (7)(a), the legislative body must hold a public hearing.

If a municipality submits a petition and initiates a process under Subsection (7)(a) : the legislative body shall hold a public hearing; the petition and process may not apply to or affect a public utility easement, except to the extent: the easement is not a protected utility easement as defined in Section 54-3-27 ; the easement is included within the public street; and the notice to vacate the public street also contains a notice to vacate the easement; and a recorded ordinance to vacate a public street has the same legal effect as vacating a public street through a recorded plat or amended plat.

Section 10-20-813(7)(b)Verify source

§ 10-20-813(7)(b)(i)Subsection 10-20-813(7)(b)(i)Provision

Source excerpt

The legislative body must hold a public hearing.

the legislative body shall hold a public hearing;

Section 10-20-813(7)(b)(i)Verify source

§ 10-20-813(7)(b)(ii)Subsection 10-20-813(7)(b)(ii)Provision

Source excerpt

The petition and process generally do not apply to or affect a public utility easement, except in the stated circumstances.

the petition and process may not apply to or affect a public utility easement, except to the extent: the easement is not a protected utility easement as defined in Section 54-3-27 ; the easement is included within the public street; and the notice to vacate the public street also contains a notice to vacate the easement; and

Section 10-20-813(7)(b)(ii)Verify source

§ 10-20-813(7)(b)(ii)(A)Subsection 10-20-813(7)(b)(ii)(A)Provision

Source excerpt

the easement is not a protected utility easement as defined in Section 54-3-27 ;

Section 10-20-813(7)(b)(ii)(A)Verify source

§ 10-20-813(7)(b)(ii)(B)Subsection 10-20-813(7)(b)(ii)(B)Provision

Source excerpt

the easement is included within the public street; and

Section 10-20-813(7)(b)(ii)(B)Verify source

§ 10-20-813(7)(b)(ii)(C)Subsection 10-20-813(7)(b)(ii)(C)Provision

Source excerpt

the notice to vacate the public street also contains a notice to vacate the easement; and

Section 10-20-813(7)(b)(ii)(C)Verify source

§ 10-20-813(7)(b)(iii)Subsection 10-20-813(7)(b)(iii)Amendment

Source excerpt

a recorded ordinance to vacate a public street has the same legal effect as vacating a public street through a recorded plat or amended plat.

Section 10-20-813(7)(b)(iii)Verify source

§ 10-20-813(8)Subsection 10-20-813(8)Provision

Source excerpt

Section 10-20-813(8)Verify source

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Utah Code § 10-20-813, 2006

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