R850-83-300. Remedies for Breach of Determinable Fee Sale

1. The conditions of a determinable fee sale are breached, and a determinable fee estate shall terminate, upon the violation of any of the following:

(a) A provision of Utah common law or other applicable law or rule, such as a provision of Section 65-1-29 or 65A-7-4(5) as applicable at time of sale; or

(b) A "public purpose", a "subdivision of the state", or other condition relating to the grant of a determinable fee as stated in the deed or other instrument of conveyance.

2. In the event of a breach of a determinable fee sale provision, in which case all of the subject property shall revert, the agency may elect one, or a combination of, the following remedies consistent with the trust land management objectives listed in R850-2-200:

(a) Allow the reversion of the entire property to stand without further action by the agency.

(b) Enter into an agreement providing for final resolution of the breach, which agreement may include exchange of all or part of the reverted property, payment for all or part of the reverted property, or retention of all or part of the reverted property; provided the agreement fully compensates the trust for reasonably foreseeable losses caused in whole or part by the breach.

3. Any costs involved in the transaction described above shall be borne entirely by the applicant and, if applicable, shall be based on the current agency fee schedule.

4. The provisions of this rule are not intended to compel the agency to accept a particular resolution of a breach of a determinable fee limitation and shall not preclude the agency from settlement of disputes involving a breach of determinable fee sale on terms that are otherwise in the best interest of the applicable trust beneficiaries.