Utah Environmental Restriction Easement (ERE) is a legally binding agreement that focuses on preserving and conserving environmental resources in the state of Utah. It is implemented to protect natural habitats, water bodies, scenic landscapes, and other significant ecological features from potential harm or degradation due to human activities. ERE serves as a conservation tool that facilitates the long-term stewardship of land, ensuring that it remains in its natural state and that development or activities are carried out in an environmentally responsible manner. This easement restricts certain activities while allowing landowners to retain ownership and use of their property, within defined parameters that align with conservation objectives. There are several types of Eyes in Utah, each designed to address specific conservation goals: 1. Habitat Preservation Easements: These easements primarily focus on protecting critical habitats and endangered species by limiting activities that may disturb or destroy their natural environment. They safeguard unique ecosystems and sensitive biological areas. 2. Water Resource Easements: These easements aim to maintain and safeguard water bodies such as rivers, streams, lakes, and wetlands. They enforce restrictions on activities that could pollute or diminish water quality, ensuring the sustainability and availability of clean water resources. 3. Scenic and Cultural Landscape Easements: These easements focus on preserving the aesthetic beauty, cultural heritage, and historical significance of specific landscapes. They restrict development that could alter or degrade the visual quality of scenic areas and protect important archaeological or cultural sites. 4. Agricultural Easements: These easements aim to support and sustain agricultural lands by protecting them from conversion to non-agricultural uses. They ensure the continued viability of agricultural practices, promote food security, and conserve open spaces. 5. Forest and Timberland Easements: These easements are designed to preserve valuable forested areas and protect them from unsustainable logging practices or conversion to non-forest uses. They promote sustainable forest management, biodiversity conservation, and the preservation of timber resources. Utah Environmental Restriction Easement represents a proactive approach by the state to balance economic development with environmental conservation. By carefully delineating the scope and limitations of land use, these easements contribute to the overall wellbeing of communities, ensuring the protection and enjoyment of Utah's natural resources for generations to come.
Utah Environmental Restriction Easement
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A public utility easement provides a public utility with: (i) the right to , maintain, operate, repair, remove, replace, or relocate public utility facilities; and. (ii) the rights of ingress and egress within the public utility easement for public utility employees, contractors, and agents.
Section 57-13a-102 - Prescriptive easement for water conveyance (1) A prescriptive easement may be established if a water user has maintained a water conveyance for a period of 20 years during which the use has been: (a) continuous; (b) open and notorious; and (c) adverse. Utah Code § 57-13a-102 - Casetext casetext.com ? utah-code ? title-57-real-estate ? se... casetext.com ? utah-code ? title-57-real-estate ? se...
In order to formally establish the easement as a property right, the owner would need to either enter an agreement with the owner of the property being used for the easement, or file an action in court to prove that the easement right has been established. Easements - Utah Property Rights Ombudsman utah.gov ? find-the-law ? legal-topics utah.gov ? find-the-law ? legal-topics
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement. Appurtenant Easement Law - Free 15 Minute Consultation equitylegalllp.com ? appurtenant-easements equitylegalllp.com ? appurtenant-easements
(1) As used in this chapter, "conservation easement" means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic ... Chapter 18 Land Conservation Easement Act utah.gov ? xcode ? Title57 ? Chapter18 utah.gov ? xcode ? Title57 ? Chapter18