Senate advances measure to recognize historic livestock trails as prescriptive easements

Sen. Hatch explained a substitute to House Bill 182 that would allow the establishment of a prescriptive easement for historic livestock trails based on continuous open use over a period (20 years), reflecting historical movement from summer to winter range or to market.

Hatch said the bill codifies a prescriptive easement mechanism "very similar to the ways that other prescriptive easements are established by continuous open use over a period of 20 years." He framed the change as addressing rural land management and preserving historic routes that communities sometimes still use for annual events and livestock movement.

Several senators asked about urban implications and unintended consequences. Sen. Knudson and Sen. Davis recounted examples where historic trails traverse population centers (e.g., Box Elder County and within a city district) and emphasized the need to consider impacts. Sen. Hatch acknowledged the possibility that some trails cross developed areas and said the bill intentionally did not define width or ancillary uses, leaving those to future interpretation and potential amendment.

Concerns included whether recognition of a trail could be interpreted as creating a county road or allowing all-terrain-vehicle use; the sponsor agreed to consult further and discuss possible clarifying amendments. The Senate voted to move the substitute to third reading (24 yes, 2 no, 3 absent).

Supporters argued the measure addresses real incidents of encroachment and clarified liability: landowners are expected to fence livestock out of their property, and livestock owner liability is limited when trails are in continuous use. Opponents warned of unanticipated rights being created without narrow safeguards. The bill will be returned for third reading with potential clarifying amendments.