(A) Upon the proper recording in the County Recorder’s office of an ordinance or court decree that vacates a county road rights-of-way or county utility easement, or any segment thereof:
(1) (a) Subject to the provisions of division (A)(1)(b) below, in cases where the county vacates its rights-of-way interest in a given road segment or utility corridor segment and does not have a real property interest in the underlying servient estate, one-half of the width of the vacated segment shall be assessed by the County Assessor to each of the adjoining landowners for property tax purposes.
(b) However, notwithstanding the provisions of division (A)(1)(a) above, should a property description of an owner of record extend into the vacated segment or segments of a county road rights-of-way or county utility easement, that portion of the vacated segment or segments shall be assessed by the County Assessor to such record owner, and the remainder of the vacated segment or segments shall be assessed as otherwise provided in division (A)(1)(a) above.
(2) (a) Except in cases to which division (A)(2)(b) below applies, when the county legislative authority vacates a county road rights-of-way or county utility easement, any rights-of-way interest of the state is also vacated.
(b) However, notwithstanding the provisions of division (A)(2)(a) above, in cases where the county legislative authority vacates any county road rights-of-way or segment that is claimed by the county or the state as a rights-of-way across federal public land, title to that rights-of-way interest shall revert to the state without compensation to the county.
(B) Each of the following is not a vacation or abandonment by the county of a county road rights-of-way or county utility easement, nor any segment thereof:
(1) A temporary closure;
(2) The erection of a barrier or sign on a county road rights-of-way or county utility easement, or any segment thereof; and
(3) Any other actions by individuals and entities that interrupt or appear to interrupt the public’s continuous use of a county road rights-of-way and county utility easement once established as belonging to the county, even if the interruption is allowed to continue unabated.
(C) The action of the legislative body to vacate part or all of a county road rights-of-way or county utility easement may not be construed to impair:
(1) Any rights-of-way or easement of any parcel or lot owner;
(2) The rights of a culinary water authority or sanitary sewer authority; or
(3) The rights of a public utility easement that is not a county utility easement, except to the extent:
(a) Such easement is not a protected utility easement as defined in U.C.A. § 54-3-27; and
(b) Such easement is included within the corridor of a county road rights-of-way or county utility easement and the notice to vacate the county road rights-of-way or county utility easement also contains a notice to vacate such easement.
(D) The legislative authority may not adopt an ordinance to vacate a county road rights-of-way or county utility easement unless the ordinance expressly identifies and preserves any easements owned by a culinary water authority and sanitary sewer authority for existing facilities located within the public county road rights-of-way or county utility easement.
(Ord. 2023-4-2, passed 4-24-2023)