Utah Admin. Code R930-8-7 - Replacement of Property Rights
(1) When the
department replaces a Utility's fee interest or easement, the Utility shall
transfer title to the prior fee or easement to the department without
charge.
(2) If the Utility has
facilities within a fee or easement and the facilities are relocated within the
department's right-of-way, the Utility shall transfer title to the fee or
easement without charge to the department and the department shall reimburse
the Utility 100% of the future utility relocation costs in compliance with 23
CFR Section 645, subpart A.
(3)
When the Utility's facilities are located in a public utility easement as
defined in Section
54-3-27, the department may
purchase a replacement public utility easement and may require the Utility to
relocate its facilities to the replacement public utility easement.
(4) The Utility shall pay UDOT for any
betterment between the existing real property interest and the real property
interest acquired for relocation.
(5) If the department obtains a court ordered
occupancy or right-of-entry from a property owner, the Utility shall relocate
its facilities onto the replacement property rights while the department
obtains the final order or deeds from the property owner.
(6) Acquisition of Non-operating Real
Property from a Utility shall be in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and applicable
right-of-way procedures in 23 CFR Section 710.203.
Notes
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