Effective 5/5/2021 78B-6-501. Eminent domain — Uses for which right may be exercised — Limitations on eminent domain. (1) As used in this section, “century farm” means real property that is: (a) assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act; and (b) owned or held by the same family for a continuous […]
78B-6-502. Estates and rights that may be taken. The following estates and rights in lands are subject to being taken for public use: (1) a fee simple, when taken for: (a) public buildings or grounds; (b) permanent buildings; (c) reservoirs and dams, and permanent flooding occasioned by them; (d) any permanent flood control structure affixed […]
78B-6-503. Private property which may be taken. Private property which may be taken under this part includes: (1) all real property belonging to any person; (2) lands belonging to the state, or to any county, city or incorporated town, not appropriated to some public use; (3) property appropriated to public use; provided that the property […]
78B-6-503.5. Other property which may be taken — State as plaintiff. (1) Subject to Subsections (2) and (3), property which may be taken under this part includes property possessed by the federal government unless the property was acquired by the federal government with the consent of the Legislature and in accordance with the United States […]
78B-6-504. Conditions precedent to taking. (1) Before property can be taken it must appear that: (a) the use to which it is to be applied is a use authorized by law; (b) the taking is necessary for the use; (c) construction and use of all property sought to be condemned will commence within a reasonable […]
Effective 5/12/2020 78B-6-505. Negotiation and disclosure required before filing an eminent domain action. (1) As used in this section: (a) (i) “Claimant” means a person who is a record interest holder of real property sought to be condemned. (ii) “Claimant” does not include: (A) a fee simple owner; or (B) a utility subject to Section […]
78B-6-506. Right of entry for survey and location. (1) If land is required for public use, the person or the person’s agent in charge of the use may survey and locate the property. It must be located in the manner which will be most compatible with the greatest public good and the least private injury, […]
78B-6-507. Complaint — Contents. (1) The complaint shall contain: (a) the name of the corporation, association, commission or person in charge of the public use for which the property is sought, who must be styled plaintiff; (b) the names of all owners and claimants of the property, if known, or a statement that they are […]
78B-6-508. Who may appear and defend. All persons in occupation of, or having or claiming an interest in, any of the property described in the complaint, or in the damages for the taking, though not named, including shareholders in a mutual stock water company in a proceeding involving the taking of the company or property […]
Effective 5/4/2022 78B-6-509. Powers of court or judge — Settlement offer — Litigation expenses. (1) As used in this section, “litigation expenses” means costs necessary to prepare for and conduct a trial, including: (a) court costs; (b) expert witness fees; (c) appraisal fees, except plaintiff’s fees related to the additional appraisal described in Subsection (3)(b); […]
Effective 5/12/2020 78B-6-510. Occupancy of premises pending action — Deposit paid into court — Procedure for payment of compensation. (1) (a) At any time after the commencement of suit, and after giving notice to the defendant as provided in the Utah Rules of Civil Procedure, the plaintiff may file a motion with the court requesting […]
Effective 5/12/2020 78B-6-511. Compensation and damages — How assessed. (1) The court, jury, or referee shall hear any legal evidence offered by any of the parties to the proceedings, and determine and assess: (a) (i) the value of the property sought to be condemned as a whole, including all improvements pertaining to the property; and […]
78B-6-512. Damages — When right has accrued — Mitigation or reduction — Improvements. (1) For the purpose of assessing compensation and damages, the right to compensation and damages shall be considered to have accrued at the date of the service of summons, and its actual value at that date shall be the measure of compensation […]
78B-6-513. When title sought found defective — Another action allowed. If the title attempted to be acquired is found to be defective from any cause, the plaintiff may again institute proceedings to acquire the property as prescribed in this part. Renumbered and Amended by Chapter 3, 2008 General Session
78B-6-514. Payment of award — Bond from railroad to secure fencing. The plaintiff shall, within 30 days after final judgment, pay the sum of money assessed; and, if the plaintiff is a railroad company, it shall also execute to the defendant a bond, with sureties, to be determined and approved by the court or judge, […]
78B-6-515. Distribution of award — Execution — Annulment of proceedings on failure to pay. Payment may be made to the defendants entitled to payment, or the money may be deposited in court for the defendants and distributed to those entitled to payment. If the money is not paid or deposited, the defendants may have execution […]
78B-6-516. Judgment of condemnation — Recordation — Effect. When payments have been made and the bond given, if the plaintiff elects to give one, as required by Sections 78B-6-514 and 78B-6-515, the court shall make a final judgment of condemnation, which shall describe the property condemned and the purpose of the condemnation. A copy of […]
78B-6-517. Substitution of bond for deposit paid into court — Abandonment of action by condemner — Conditions of dismissal. In the event that no order is entered by the court permitting payment of the deposit on account of the just compensation to be awarded in the proceeding within 30 days following its deposit, the court […]
78B-6-518. Rights of cities and towns not affected. Nothing in this part may be construed to abrogate or repeal any statute providing for the taking of property in any city or town for street purposes. Renumbered and Amended by Chapter 3, 2008 General Session
78B-6-519. When right of way acquired — Duty of party acquiring. A party obtaining a right of way shall without delay construct crossings as required by the court or judge, and keep them and the way itself in good repair. Renumbered and Amended by Chapter 3, 2008 General Session
