H.B. 130-S: Boundary Adjustment Amendments (Amends LUDMA)

http://le.utah.gov/~2013/bills/hbillenr/HB0130.pdf

  Amends:

10-9a-103

17-27a-103

Enacts:

10-9a-523                              17-27a-522

10-9a-524                              17-27a-523

Effective Date:  May 14, 2013

            This bill creates two new sections in the Land Use Development and Management Acts (Chapter 10-9a and Chapter 17-27a of the Utah Code), providing for “Parcel Boundary Adjustments” and “Boundary Line Agreements.”  A “Parcel Boundary Adjustment” is an agreement between the owners of adjoining properties which adjusts the mutual boundary if no additional parcel is created, and both properties are not part of an approved subdivision (“unsubdivided”).  A parcel boundary adjustment is not included within the definition of subdivision, and is therefore not subject to the subdivision approval process.  A “Boundary Line Agreement” means an agreement that meets § 57-1-45 of the Utah Code.

            The new sections provide that adjoining property owners may agree to an adjustment of a mutual boundary through quitclaim deed or by a boundary line agreement.  The deed or agreement would not require approval by a local government, and must be recorded to be valid.

NOTEH.B. 236S also enacts a § 17-27a-522 which is different than the section adopted by this bill.

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