Wasatch County v. Okelberry

Utah Supreme Court

2008 UT 10; 179 P.3d 768

     Under certain circumstances, Utah statutes allow private property to be transferred to public use without compensation.  See Utah Code § 72-5-104.

     A party claiming that a road has been dedicated to public use must establish by clear and convincing evidence that the road has been used without interruption as a public thoroughfare for at least 10 years.

     An overt act that is intended by a property owner to interrupt the use of a road as a public throughfare, and is reasonably calculated to do so, constitutes an interruption sufficient to restart the running of the required 10-year period.

     Continuous use (under the road dedication statute) may be established as to heavily or lightly used roads, as long as the use is as frequent as the public finds convenient or necessary.

Full text of Wasatch County v. Okelberry

Companion Cases: 

Utah County v. Butler

Leeds v. Prisbrey

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