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Garfield County v. United States 2017 UT 41 (July 26, 2017)

Jul 26, 2017

The court answered a certified question from the federal district court regarding whether Utah Code § 78B-2-201(1) and its predecessors are statutes of limitations or statutes of repose.  The court held that these statutes are statutes of repose by their plain language, but itconstrued them as statutes of limitations with respect to the State’s right of way claims under Revised Statute 2477, because to do otherwise would lead to the absurd result of the State automatically losing title to its rights of way without any opportunity to prevent the loss.