2012 Utah Code
Title 17 - Counties
Article 27a - County Land Use, Development, and Management Act
Section 609.5 - Vacating a street, right-of-way, or easement.
(1) A petition to vacate some or all of a public street, right-of-way, or easement shall include:
(a) the name and address of each owner of record of land that is:
(i) adjacent to the public street, right-of-way, or easement; or
(ii) accessed exclusively by or within 300 feet of the public street, right-of-way, or easement; and
(b) the signature of each owner under Subsection (1)(a) who consents to the vacation.
(2) If a petition is submitted containing a request to vacate some or all of a street, right-of-way, or easement, the legislative body shall hold a public hearing in accordance with Section 17-27a-208 and determine whether:
(a) good cause exists for the vacation; and
(b) the public interest or any person will be materially injured by the proposed vacation.
(3) The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street, right-of-way, or easement if the legislative body finds that:
(a) good cause exists for the vacation; and
(b) neither the public interest nor any person will be materially injured by the vacation.
(4) If the legislative body adopts an ordinance vacating some or all of a public street, right-of-way, or 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) a plat reflecting the vacation; or
(b) an ordinance described in Subsection (3).
(5) The action of the legislative body vacating some or all of a street, right-of-way, or easement that has been dedicated to public use:
(a) operates to the extent to which it is vacated, upon the effective date of the recorded plat, as a revocation of the acceptance of and the relinquishment of the county's fee in the vacated street, right-of-way, or easement; and
(b) may not be construed to impair:
(i) any right-of-way or easement of any lot owner; or
(ii) the franchise rights of any public utility.
Amended by Chapter 381, 2010 General Session
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