57-13c-102. Scope -- Exclusions. (1) Except as otherwise provided in Subsection (2), this chapter applies to an easement established: (a) by express grant or reservation; or (b) by prescription, implication, necessity, estoppel, or other method. (2) This chapter may not be used to relocate: (a) a conservation easement, a negative easement, a public-entity easement, a public-utility easement, or a water-conveyance easement; (b) an easement held by a mine operator and used in connection with a vested mining use that is recorded in accordance with Section 17-41-501; (c) any easement associated in any way with a highway or a public transit facility; or (d) an easement if the proposed location would: (i) encroach on an area of an estate burdened by a conservation easement, a public-entity easement, a public-utility easement, a water-conveyance easement, a highway, or a public transit facility; or (ii) interfere with the use or enjoyment of: (A) a public-entity easement, a public-utility easement, or a water-conveyance easement; or (B) an easement appurtenant to a conservation easement, a highway, or a public transit facility. (3) This chapter does not apply to relocation of an easement by consent.
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