Section 105 – Interstate compact — Transfer of public land.
Effective 5/12/2015 63L-6-105. Interstate compact — Transfer of public land. The Interstate Compact on the Transfer of Public Lands is hereby enacted and entered into with all other jurisdictions that can legally join in the compact, which is, in form, substantially as follows: Interstate Compact on the Transfer of Public Lands Whereas, the separation of […]
Section 302 – Notice of claim — Government’s right to accommodate.
63L-5-302. Notice of claim — Government’s right to accommodate. (1) A person may not bring an action under Section 63L-5-301 unless, 60 days before bringing the action, the person sends written notice of the intent to bring an action. (2) The notice shall be addressed to the government entity imposing the land use regulation, and […]
Section 401 – Burden on exercise of religion as defense.
63L-5-401. Burden on exercise of religion as defense. A person whose free exercise of religion has been substantially burdened in violation of this chapter may assert that violation as a defense in a judicial or administrative proceeding without regard to whether the proceeding is brought in the name of the state or by any other […]
Section 402 – Establishment clause unaffected.
63L-5-402. Establishment clause unaffected. (1) This chapter does not authorize government to burden a person’s free exercise of religion. (2) The protection of religious freedom afforded by this chapter is in addition to the protections provided under federal law and the constitutions of Utah and the United States. (3) Nothing in this chapter may be […]
Section 403 – Application to certain cases.
63L-5-403. Application to certain cases. This chapter does not affect and is not intended to affect the authority of government entities to adopt or apply land use regulations that do not involve the free exercise of religion. Renumbered and Amended by Chapter 382, 2008 General Session
Section 301 – Appeals of decisions.
63L-4-301. Appeals of decisions. (1) Each political subdivision shall enact an ordinance that: (a) establishes a procedure for review of actions that may have constitutional taking issues; and (b) meets the requirements of this section. (2) (a) (i) Any owner of private property whose interest in the property is subject to a physical taking or […]
Section 201 – Protection of land use as religious exercise.
63L-5-201. Protection of land use as religious exercise. (1) Except as provided in Subsection (2), a government entity may not impose or implement a land use regulation in a manner that imposes a substantial burden on a person’s free exercise of religion. (2) A government entity may impose or implement a land use regulation in […]
Section 301 – Remedies.
63L-5-301. Remedies. (1) A person whose free exercise of religion has been substantially burdened by a government entity in violation of Section 63L-5-201 may bring an action in the district court of the county where the largest portion of the property subject to the land use regulation is located. (2) Any person who asserts a […]
Section 202 – Agency actions.
63L-3-202. Agency actions. (1) Using the guidelines prepared under Section 63L-3-201, each state agency shall: (a) determine whether an action has constitutional taking implications; and (b) prepare an assessment of constitutional taking implications that includes an analysis of the following: (i) the likelihood that the action may result in a constitutional taking, including a description […]
Section 103 – Applicability of chapter.
63L-4-103. Applicability of chapter. This chapter does not apply when a political subdivision formally exercises its power of eminent domain. Renumbered and Amended by Chapter 382, 2008 General Session