School and Institutional Trust Lands, Administration

Rule R850-40

Easements

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36412
Filed: 06/27/2012 07:46:41 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Sections 53C-1-302 and 53C-4-203 authorize the Director of the School and Institutional Trust Lands Administration to establish rules for the issuance of easements on, through, and over trust lands and to establish price schedules for this use.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received by the agency regarding this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The agency manages a vast amount of surface estate for the benefit of the trust beneficiaries. Easements are one of the many uses for the surface estate and statute specifically requires the agency to provide rules for the issuance of easements and establish price schedules at fair market value. This rule provides the guidelines for these responsibilities. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Kim Christy at the above address, by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov

Authorized by:

Kevin Carter, Director

Effective:

06/27/2012