10-8-14.5 - Utility easements -- Use for water or sewerage service.
10-8-14.5. Utility easements -- Use for water or sewerage service.
(1) If a municipality grants a general utility easement for the provision of electric, gas, ortelephone service, the grant may also provide that the easement may be used by the corporationor other entity that provides water or sewerage service to the municipality's residents.
(2) A general utility easement described in Subsection (1) is subject to the provisionsimposed on a public utility easement under Section 54-3-27.
(3) If a municipality acquires a utility easement through the exercise of its eminentdomain power for use under this section, the owner of the servient estate may realign theeasement at the servient estate owner's expense unless the alignment cannot be reasonablychanged because of engineering or safety requirements.
Amended by Chapter 246, 2007 General Session