Utah Code

Utah Code § 63G-7-301 (2026)

Waivers of immunity

✓ current as of May 2026

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Immunity from suit of each governmental entity is waived as to any contractual obligation.

Actions arising out of contractual rights or obligations are not subject to the requirements of Section 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.

The Division of Water Resources is not liable for failure to deliver water from a reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development Act, if the failure to deliver the contractual amount of water is due to drought, other natural condition, or safety condition that causes a deficiency in the amount of available water.

Immunity from suit of each governmental entity is waived:

as to any action brought to recover, obtain possession of, or quiet title to real or personal property;

as to any action brought to foreclose mortgages or other liens on real or personal property, to determine any adverse claim on real or personal property, or to obtain an adjudication about any mortgage or other lien that the governmental entity may have or claim on real or personal property;

as to any action based on the negligent destruction, damage, or loss of goods, merchandise, or other property while it is in the possession of any governmental entity or employee, if the property was seized for the purpose of forfeiture under any provision of state law;

subject to Section 63G-7-302, as to any action brought under the authority of Utah Constitution, Article I, Section 22, for the recovery of compensation from the governmental entity when the governmental entity has taken or damaged private property for public uses without just compensation;

as to any claim for attorney fees or costs under Section 63G-2-209, 63G-2-405, or 63G-2-802;

for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees Act;

as to any action brought to obtain relief from a land use regulation that imposes a substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious Land Use Act;

except as provided in Subsection 63G-7-201(3), as to any injury caused by:

a defective, unsafe, or dangerous condition of any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or

any defective or dangerous condition of a public building, structure, dam, reservoir, or other public improvement;

subject to Subsections 63G-7-101(4) and 63G-7-201(4), as to any injury proximately caused by a negligent act or omission of an employee committed within the scope of employment;

notwithstanding Subsection 63G-7-101(4), as to a claim for an injury resulting from a sexual battery, as provided in Section 76-5-418, committed:

against a student of a public elementary or secondary school, including a charter school; and

by an employee of a public elementary or secondary school or charter school who:

at the time of the sexual battery, held a position of special trust, as defined in Section 76-5-404.1, with respect to the student;

is criminally charged in connection with the sexual battery; and

the public elementary or secondary school or charter school knew or in the exercise of reasonable care should have known, at the time of the employee's hiring, to be a sex offender, a kidnap offender, or a child abuse offender as described in Section 53-29-202, required to register under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, whose status as a sex offender, kidnap offender, or child abuse offender would have been revealed in a background check under Section 53G-11-402;

as to any action brought under Section 78B-6-2303;

as to any action brought to obtain relief under Title 53H, Chapter 7, Part 7, Student Legal Representation;

as to any action brought under Section 53-30-301; and

as to any action or suit brought under Section 20A-19-301 and as to any compensation or expenses awarded under Subsection 20A-19-301(5).

As used in this Subsection (3):

"Code of conduct" means a code of conduct that:

is not less stringent than a model code of conduct, created by the State Board of Education, establishing a professional standard of care for preventing the conduct described in Subsection (3)(a)(i)(D);

is adopted by the applicable local education governing body;

regulates behavior of a school employee toward a student; and

includes a prohibition against any sexual conduct between an employee and a student and against the employee and student sharing any sexually explicit or lewd communication, image, or photograph.

"Local education agency" means:

a school district;

a charter school; or

the Utah Schools for the Deaf and the Blind.

"Local education governing board" means:

for a school district, the local school board;

for a charter school, the charter school governing board; or

for the Utah Schools for the Deaf and the Blind, the state board.

"Public school" means a public elementary or secondary school.

"Sexual abuse" means the offense described in Subsection 76-5-404.1(2).

"Sexual battery" means the offense described in Section 76-5-418, considering the term "child" in that section to include an individual under 18 years old.

Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a claim against a local education agency for an injury resulting from a sexual battery or sexual abuse committed against a student of a public school by a paid employee of the public school who is criminally charged in connection with the sexual battery or sexual abuse, unless:

at the time of the sexual battery or sexual abuse, the public school was subject to a code of conduct; and

before the sexual battery or sexual abuse occurred, the public school had:

provided training on the code of conduct to the employee; and

required the employee to sign a statement acknowledging that the employee has read and understands the code of conduct.

As used in this Subsection (4):

"Institution of higher education" means the same as that term is defined in Section 53H-1-101.

"Policy governing behavior" means a policy adopted by a higher education institution or the Utah Board of Higher Education that:

establishes a professional standard of care for preventing the conduct described in Subsections (4)(a)(ii)(C) and (D);

regulates behavior of a special trust employee toward a subordinate student;

includes a prohibition against any sexual conduct between a special trust employee and a subordinate student; and

includes a prohibition against a special trust employee and subordinate student sharing any sexually explicit or lewd communication, image, or photograph.

"Sexual battery" means the offense described in Section 76-5-418.

"Special trust employee" means an employee of an institution of higher education who is in a position of special trust, as defined in Section 76-5-404.1, with a higher education student.

"Subordinate student" means a student:

of an institution of higher education; and

whose educational opportunities could be adversely impacted by a special trust employee.

Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a claim for an injury resulting from a sexual battery committed against a subordinate student by a special trust employee, unless:

the institution of higher education proves that the special trust employee's behavior that otherwise would constitute a sexual battery was:

with a subordinate student who was at least 18 years old at the time of the behavior; and

with the student's consent; or

at the time of the sexual battery, the institution of higher education was subject to a policy governing behavior; and

before the sexual battery occurred, the higher education institution had taken steps to implement and enforce the policy governing behavior.

Notes of Decisions

Cited in 69 cases (23 in the last 5 years), 2009–2026 · leading case: True v. Utah Dep't of Transp., 2018 UT App 86 (Utah Ct. App. 2018).

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True v. Utah Dep't of Transp., 2018 UT App 86 (Utah Ct. App. 2018). · cites it 32× “See Utah Code Ann. § 63G-7-301(4) (LexisNexis 2008) (stating that “[i]mmunity from suit .”

Miller v. West Valley City, 2017 UT App 65 (Utah Ct. App. 2017). · cites it 25× “The court determined dismissal was appropriate because Miller had not demonstrated that governmental immunity was waived.”

Barneck v. Utah Dep't of Transp., 2015 UT 50 (Utah 2015). · cites it 21× “§ 63G-7-301(1)(c) (retaining immunity for injuries caused by the Division of Water Resources' failure to deliver water when it is due to a "natural condition"); id.”

Francis v. State, Utah Div. of Wildlife Resources, 2013 UT 65 (Utah 2013). · cites it 18× “58 See UTAH CODE § 63G-7-301(1)–(3), (4). 59 See id. § 63G-7-301(5).”

Francis v. State, 2010 UT 62 (Utah 2010). · cites it 25× “See Utah Code Ann. § 63G-7-301(4) ("Immunity from suit of each governmental entity is waived as to any injury proximately caused by a negligent act or omission of an employee committed within the scope of employment.”

Bingham v. Roosevelt City Corp., 2010 UT 37 (Utah 2010). · cites it 8× “Specifically, Utah Code section 63G-7-301(3)(a)(ii) permits government entities to be sued for injuries caused by "any defective or dangerous condition of a public building, structure, dam, reservoir, or other public improvement.”

Thayer v. Washington Cnty. Sch. Dist., 285 P.3d 1142 (Utah 2012). · cites it 7× “See Urax CopE § 63G-7-301(4). With this provision in mind, I agree with the majority's limiting construction of the statute in one respect: The "approvals" and "authorizations" that trigger immunity cannot extend to internal, operational consent given by a government employer…”

Kerr v. City of Salt Lake, 322 P.3d 669 (Utah 2013). · cites it 7× “” Utah Code § 63G-7-301(3)(a)(i). ¶ 16 When interpreting statutes, “we must give effect to every provision of a statute and avoid an interpretation that will render portions of a statute inoperative.”

Asset Acceptance LLC v. Utah State Treasurer, 2016 UT App 25 (Utah Ct. App. 2016). · cites it 8× “In contrast, section 63G-7-301 addresses a much broader range of potential actions, including any action to recover or obtain possession of personal property.”

Larsen v. Davis Cnty. Sch. Dist., 2017 UT App 221 (Utah Ct. App. 2017). · cites it 6× “§ 63G-7-301(4) (LexisNexis 2011). The District, for its part, directs us to the next statutory provision, subsection (5), which contains an exception to the negligence waiver: Immunity from suit .”

Francis v. State, 2013 UT 65 (Utah 2013). · cites it 13× “58 See UTAH CODE § 63G-7-301(1)–(3), (4). 59 See id. § 63G-7-301(5).”

Graves v. Utah Cnty. Gov't, 2024 UT App 80 (Utah Ct. App. 2024). · cites it 7× “Section 63G-7-301 of the UGIA lists the express waivers of immunity, and Graves has not pointed to any that apply.”

Show all 69 citing cases →

— Utah Code § 63G-7-301(1) — 6 cases

Cabaness v. Thomas, 2010 UT 23 (Utah 2010).

Francis v. State, Utah Div. of Wildlife Resources, 2013 UT 65 (Utah 2013). “58 See UTAH CODE § 63G-7-301(1)–(3), (4). 59 See id. § 63G-7-301(5).”

Mariani v. Driver License Div., 2024 UT 44 (Utah 2024).

Francis v. State, 2013 UT 65 (Utah 2013). “58 See UTAH CODE § 63G-7-301(1)–(3), (4). 59 See id. § 63G-7-301(5).”

Francis v. State, 2013 UT 43 (Utah 2013).

— Utah Code § 63G-7-301(1)(a) — 4 cases

Doyle v. Lehi City, 2012 UT App 342 (Utah Ct. App. 2012).

Plumb v. Univ. of Utah (D. Utah 2020).

Catalyst Campus for Tech. & Innovation v. Brown (D. Utah 2025).

— Utah Code § 63G-7-301(1)(b) — 2 cases

Doyle v. Lehi City, 2012 UT App 342 (Utah Ct. App. 2012).

Hillcrest Inv. Co. v. Utah Dep't of Transp., 2012 UT App 256 (Utah Ct. App. 2012).

— Utah Code § 63G-7-301(1)(c) — 1 case

Barneck v. Utah Dep't of Transp., 2015 UT 50 (Utah 2015). “§ 63G-7-301(1)(c) (retaining immunity for injuries caused by the Division of Water Resources' failure to deliver water when it is due to a "natural condition"); id.”

— Utah Code § 63G-7-301(2)(a) — 5 cases

Asset Acceptance LLC v. Utah State Treasurer, 2016 UT App 25 (Utah Ct. App. 2016). “In contrast, section 63G-7-301 addresses a much broader range of potential actions, including any action to recover or obtain possession of personal property.”

Pinder v. Duchesne, 2020 UT 68 (Utah 2020).

Pinder v. Mitchell, 658 F. App'x 451 (10th Cir. 2016).

Andrews v. Spencer (D. Utah 2021).

Seymour v. Perkins (D. Utah 2022).

— Utah Code § 63G-7-301(2)(d) — 2 cases

Exotic Smoke & Vape v. Cox (D. Utah 2022).

Jonsson v. PacifiCorp (D. Utah 2025).

— Utah Code § 63G-7-301(2)(f) — 2 cases

McGraw v. Univ. of Utah, 2019 UT App 144 (Utah Ct. App. 2019).

Pead v. Ephraim City, 2020 UT App 113 (Utah Ct. App. 2020).

— Utah Code § 63G-7-301(2)(h)(i) — 2 cases

Doutre v. Box Elder Cnty., 2024 UT App 58 (Utah Ct. App. 2024).

Abdelgader v. Dep't of Transp., 2026 UT App 50 (Utah Ct. App. 2026).

— Utah Code § 63G-7-301(2)(i) — 16 cases

Cunningham v. Weber Cnty., 2022 UT 8 (Utah 2022).

Graves v. Utah Cnty. Gov't, 2024 UT App 80 (Utah Ct. App. 2024). “Section 63G-7-301 of the UGIA lists the express waivers of immunity, and Graves has not pointed to any that apply.”

Erickson v. Canyons Sch. Dist., 2020 UT App 91 (Utah Ct. App. 2020).

Mariani v. Driver License Div., 2024 UT 44 (Utah 2024).

Miller v. State of Utah, 638 F. App'x 707 (10th Cir. 2016).

— Utah Code § 63G-7-301(2)(j) — 1 case

Mariani v. Driver License Div., 2024 UT 44 (Utah 2024).

— Utah Code § 63G-7-301(3) — 2 cases

iMatter Utah v. Njord, 774 F.3d 1258 (10th Cir. 2014).

Glaittli v. State of Utah, 2014 UT 30 (Utah 2014).

— Utah Code § 63G-7-301(3)(a) — 1 case

Miller v. West Valley City, 2017 UT App 65 (Utah Ct. App. 2017). “The court determined dismissal was appropriate because Miller had not demonstrated that governmental immunity was waived.”

— Utah Code § 63G-7-301(3)(a)(1) — 1 case

— Utah Code § 63G-7-301(3)(a)(i) — 2 cases

Kerr v. City of Salt Lake, 322 P.3d 669 (Utah 2013). “” Utah Code § 63G-7-301(3)(a)(i). ¶ 16 When interpreting statutes, “we must give effect to every provision of a statute and avoid an interpretation that will render portions of a statute inoperative.”

— Utah Code § 63G-7-301(3)(a)(ii) — 3 cases

Miller v. West Valley City, 2017 UT App 65 (Utah Ct. App. 2017). “The court determined dismissal was appropriate because Miller had not demonstrated that governmental immunity was waived.”

Bingham v. Roosevelt City Corp., 2010 UT 37 (Utah 2010). “Specifically, Utah Code section 63G-7-301(3)(a)(ii) permits government entities to be sued for injuries caused by "any defective or dangerous condition of a public building, structure, dam, reservoir, or other public improvement.”

Glaittli v. State of Utah, 2014 UT 30 (Utah 2014).

— Utah Code § 63G-7-301(3)(b) — 2 cases

Miller v. West Valley City, 2017 UT App 65 (Utah Ct. App. 2017). “The court determined dismissal was appropriate because Miller had not demonstrated that governmental immunity was waived.”

Mariani v. Driver License Div., 2024 UT 44 (Utah 2024).

— Utah Code § 63G-7-301(3)(b)(ii) — 1 case

Miller v. West Valley City, 2017 UT App 65 (Utah Ct. App. 2017). “The court determined dismissal was appropriate because Miller had not demonstrated that governmental immunity was waived.”

— Utah Code § 63G-7-301(4) — 14 cases

True v. Utah Dep't of Transp., 2018 UT App 86 (Utah Ct. App. 2018). “See Utah Code Ann. § 63G-7-301(4) (LexisNexis 2008) (stating that “[i]mmunity from suit .”

Miller v. West Valley City, 2017 UT App 65 (Utah Ct. App. 2017). “The court determined dismissal was appropriate because Miller had not demonstrated that governmental immunity was waived.”

Francis v. State, 2010 UT 62 (Utah 2010). “See Utah Code Ann. § 63G-7-301(4) ("Immunity from suit of each governmental entity is waived as to any injury proximately caused by a negligent act or omission of an employee committed within the scope of employment.”

— Utah Code § 63G-7-301(5) — 10 cases

True v. Utah Dep't of Transp., 2018 UT App 86 (Utah Ct. App. 2018). “See Utah Code Ann. § 63G-7-301(4) (LexisNexis 2008) (stating that “[i]mmunity from suit .”

Francis v. State, Utah Div. of Wildlife Resources, 2013 UT 65 (Utah 2013). “58 See UTAH CODE § 63G-7-301(1)–(3), (4). 59 See id. § 63G-7-301(5).”

Larsen v. Davis Cnty. Sch. Dist., 2017 UT App 221 (Utah Ct. App. 2017). “§ 63G-7-301(4) (LexisNexis 2011). The District, for its part, directs us to the next statutory provision, subsection (5), which contains an exception to the negligence waiver: Immunity from suit .”

iMatter Utah v. Njord, 774 F.3d 1258 (10th Cir. 2014).

— Utah Code § 63G-7-301(5)(8) — 1 case

Van De Grift v. State, 2013 UT 11 (Utah 2013).

— Utah Code § 63G-7-301(5)(F) — 1 case

Morford v. Div. of Child & Fam. Servs., 2010 UT App 285 (Utah Ct. App. 2010).

— Utah Code § 63G-7-301(5)(a) — 2 cases

— Utah Code § 63G-7-301(5)(b) — 5 cases

Van De Grift v. State, 2013 UT 11 (Utah 2013).

Thayer v. Washington Cnty. Sch. Dist., 285 P.3d 1142 (Utah 2012). “See Urax CopE § 63G-7-301(4). With this provision in mind, I agree with the majority's limiting construction of the statute in one respect: The "approvals" and "authorizations" that trigger immunity cannot extend to internal, operational consent given by a government employer…”

Petersen v. Riverton City, 784 F. Supp. 2d 1234 (D. Utah 2011).

— Utah Code § 63G-7-301(5)(c) — 9 cases

True v. Utah Dep't of Transp., 2018 UT App 86 (Utah Ct. App. 2018). “See Utah Code Ann. § 63G-7-301(4) (LexisNexis 2008) (stating that “[i]mmunity from suit .”

Archuleta v. St. Mark's Hosp., 2009 UT 36 (Utah 2010).

Francis v. State, Utah Div. of Wildlife Resources, 2013 UT 65 (Utah 2013). “58 See UTAH CODE § 63G-7-301(1)–(3), (4). 59 See id. § 63G-7-301(5).”

— Utah Code § 63G-7-301(5)(d) — 1 case

True v. Utah Dep't of Transp., 2018 UT App 86 (Utah Ct. App. 2018). “See Utah Code Ann. § 63G-7-301(4) (LexisNexis 2008) (stating that “[i]mmunity from suit .”

— Utah Code § 63G-7-301(5)(e) — 1 case

— Utah Code § 63G-7-301(5)(j) — 3 cases

Whitney v. Div. Of Juv. Just. Serv., 2012 UT 12 (Utah 2012).

Whitney Ex Rel. Whitney v. Div. of Juv. Just. Servs., 468 F. App'x 871 (10th Cir. 2012).

— Utah Code § 63G-7-301(5)(k) — 6 cases

Francis v. State, Utah Div. of Wildlife Resources, 2013 UT 65 (Utah 2013). “58 See UTAH CODE § 63G-7-301(1)–(3), (4). 59 See id. § 63G-7-301(5).”

Francis v. State, 2013 UT 65 (Utah 2013). “58 See UTAH CODE § 63G-7-301(1)–(3), (4). 59 See id. § 63G-7-301(5).”

Francis v. State, 2013 UT 43 (Utah 2013).

— Utah Code § 63G-7-301(5)(p) — 1 case

— Utah Code § 63G-7-301(5)(q) — 1 case

— Utah Code § 63G-7-301(5)(u) — 1 case

Van De Grift v. State, 2013 UT 11 (Utah 2013).

— Utah Code § 63G-7-301(8)(a) — 1 case

Glaittli v. State, 2013 UT App 10 (Utah Ct. App. 2013).

— Utah Code § 63G-7-301(a) — 1 case

Miller v. West Valley City, 2017 UT App 65 (Utah Ct. App. 2017). “The court determined dismissal was appropriate because Miller had not demonstrated that governmental immunity was waived.”

— Utah Code § 63G-7-301(a)(i) — 1 case

— Utah Code § 63G-7-301(a)(ii) — 1 case

Jenkins v. Jordan Valley Water Conservancy Dist., 2012 UT App 204 (Utah Ct. App. 2012).

— Utah Code § 63G-7-301(b)(q) — 1 case

— Utah Code § 63G-7-301(l) — 1 case

— Utah Code § 63G-7-301(l)(a) — 1 case

Smith v. Utah Valley Univ., 97 F. Supp. 3d 998 (S.D. Ind. 2015).

— Utah Code § 63G-7-301(l)(b) — 1 case

Smith v. Utah Valley Univ., 97 F. Supp. 3d 998 (S.D. Ind. 2015).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.