I've not researched Utah's State Constitution, and do not intend to. This post is speculative, based on general knowledge of the western states.
I think this idea of "adverse possession" might date back to the State Constitutions of some of the western regions of the U.S., influenced by the Homestead Act (1862), where the laws have never been updated to reflect modern times.
For example, the Homestead Act (1862) accelerated the settlement of the western territory by granting adult heads of families 160 acres of surveyed public land for a minimal filing fee and five years of continuous residence on that land.
These were difficult times and I don't doubt that early settlers of the west also included "squatters" who were quick to take possession of land previously worked by others that for some reason had to leave the territory and/or abandoned their property. MOO
ttps://www.archives.gov/milestone-documents/homestead-act
Seattle,
This is what I've understood to be the source of the laws relating to squatting. (I'm from Washington State, by the way.)
Another note on adverse possession and squatting, unauthorized tenants, etc., though. Here is the thing: Yes, there are laws that allow for full possession as long as certain requirements are met. However, what is a property owner to do in the meantime, whilst trying to wrestle the property out of the hands of the people currently living on it? While said person is on the property, most laws won't allow the owner on the property until the issue is settled in court. This can take years. (A simple Justice of the Peace eviction in Chicago right now takes 18 months -yes, one-and-half-years- to even get a hearing. Suppose there is a hick-up in the required Notice to Vacate? Or the court filing for the eviction? Any number of other things? Back to square one. Then, there are appeals to wait on, etc., etc., etc. Remember, each time something is done, such as a Notice to Vacate, you have to wait a period of time before moving on to the next step, wait for the court to schedule a hearing, etc.)
Vacant land might not pose quite as many problems, although I'm sure there can be some, but whatever structure there is (such as the trailer JB was living in) is subject to whatever abuse the squatter decides deal it. They have NOTHING invested in the property generally, and many of these properties become virtually worthless -if the squatters are druggies they often tear out things like copper wiring to sell, etc. Some are made into meth houses, etc. The owner has zero control on what goes on in the place.
In our current place in Texas, our squatter has 11 cats and 3 big dogs. We know someone who has been in it and has said that the bathroom was flooded and that the whole place stinks. I can literally see pictures she's posted on her Facebook of mounds of DIRT in the living room, on the rugs. (What they're for, I'm not sure, but I'm wondering if they're for the dogs when she's too lazy to take them outside.) She's a convicted felon with no credit, multiple evictions, a history of prostitution, and lot's of links to murderers and drug dealers. The police have already seen a known drug dealer exit the house. Does anyone think that we'll ever be able to recoup the thousands of dollars of loss/damage? Not a chance.
Okay, small detour there. Good to get it off my chest, though!
propertyrights.utah.gov
