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Committee advances boundary-line adjustments bill after stakeholders’ negotiations
Summary
Senate Bill 104 (second substitute), which restructures processes for private boundary agreements and boundary adjustments, won unanimous committee approval after sponsors and multiple industry stakeholders said the text reflects broad support and does not change policy, only process and definitions.
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Senator Musselman, sponsor of Senate Bill 104 (second substitute), told the committee the measure represents a multiyear collaboration among title companies, surveyors, county recorders, attorneys, the League of Cities and Towns, the Utah Association of Counties, and the state health department. "This is pure process, with some clarifications on definitions and names ... primarily, it's a private property rights bill, trying to make it easier for the individual that has a...a property adjustment," Senator Musselman said.
The second substitute narrows longstanding terminology into two specific types of adjustments: a boundary establishment and a boundary adjustment. Within boundary adjustments the bill creates two tracks: a "simple" adjustment intended to be the most property-rights-friendly option and a "full" adjustment with fuller checks for issues such as septic tanks and easements.
Court Ashton of the Utah Land Title Association testified in support, saying the association had worked through many drafts and that the bill "works for real estate and for closings." Jason Monroe, Sevier County Recorder and president of the Recorders Group, offered online support and thanked sponsors for stakeholder engagement.
Senator Bridal moved to replace the bill with the second substitute and later moved to recommend the second substitute favorably to the full Senate; both motions passed unanimously. The sponsor waived closing remarks.
Committee members and public commenters described the bill as clarifying and procedural rather than making substantive changes to property law or private-property rights.
The committee’s favorable recommendation forwards the second substitute of SB 104 to the full Senate for further consideration.
