Salt Lake City, UT asked in Land Use & Zoning and Real Estate Law for Utah

Q: Can a county demand an easement as part of a subdivision approval?

The county is forcing me to create a one lot subdivision. The engineering department will not approve my map unless I move my property line back 50 feet.

1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Real Estate Law Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Yes, they can unless you can prove their decision is discriminatory or capricious. As long as they have a reasonable reason to impose the requirement they can. Sorry.

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