Section R651-700-14 - Assignment of ROW, Easement, or Special Use Leases and Subleasing(1) Subject to approval by the division, and unless the terms of the ROW, easement or special use lease provide otherwise, a ROW, easement or special use lease in good standing is freely assignable. (2) To assign a ROW, easement or special use lease, the lessee shall notify the division in writing of the proposed assignment.(3) Upon receiving written notice of the proposed assignment, the division shall review the proposed assignment and may request additional information concerning the proposed assignment.(4) A sublease or assignment may be made only to:(a) a person, firm, governmental agency, association, or corporation qualified to do business in the state;(b) a person, firm governmental agency, association, or corporation which is not in default under the laws of the state relative to qualification to its qualification to do business within the state; and(c) a person, firm, governmental agency, association, or corporation that is not in default on any previous obligation to the division.(5) A lessee wanting to offer a sublease to another person shall: (a) Obtain prior written authorization from the division before offering the sublease to another person; and(b) at the end of the calendar year, submit rent to the division, in an amount to be determined by the division.(6) A sublease or assignment may not take effect until approved by the division.(7) Notwithstanding any conditions in the assignment to the contrary, the assignee shall be bound by the terms of the lease to the same extent as if the assignee were the original grantee or lessee.(8) A sublease or assignment shall:(a) be set out in a sufficient legal instrument, properly executed and acknowledged;(b) clearly set forth the lease or contract number, land involved, and the name and address of the assignee; and(c) include any agreement which transfers control of the lease to a third party.(9) A copy of the documents subleasing or assigning the interest shall be given to the division.Utah Admin. Code R651-700-14
Adopted by Utah State Bulletin Number 2023-21, effective 10/24/2023