Legal Question in Real Estate Law in Utah

Homestead Landowner Rights

My family homesteaded property in the state of Utah around 1906. Recently the utility ''Pacific Corp'' installed an underground power line through our property to supply electricity to a new Verizon wireless tower. The underground power follows an old dirt road that the Forest service has declared a trail and they claim they have a ''Right of Way''. The Forest service has also cut down 2/3rds of our trees (by mistake). What rights does my family have in keeping government agencies and utility companies from just taking what ever they want from us? What protections are provided to us under the homestead act and any other laws for land owners?


Asked on 1/16/09, 2:30 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Homestead Landowner Rights

Generally a utility cannot cross or enter your property without an easement. A trail may not constitute or include an easement, however, it would have to be researched to verify. If the Forest Service cut your trees by mistake, it should pay you for the loss. You may call for a free consultation.

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Answered on 1/16/09, 5:51 pm


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