(1)  If the agency and the private property owner or displaced person disagree on any issue arising out of this chapter, the private property owner may submit the dispute for mediation or arbitration according to the procedures and requirements of Section 13-43-204.

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Terms Used In Utah Code 57-12-14

  • Agency: means :
(a) a department, division, agency, commission, board, council, committee, authority, political subdivision, or other instrumentality of the state or of a political subdivision of the state whether one or more; and
(b) any other person whose use of the power of eminent domain results in a person becoming a displaced person. See Utah Code 57-12-3
  • Appraisal: A determination of property value.
  • Displaced person: means any person who, after the effective date of this chapter, moves from real property, or who moves the person's personal property from real property, or moves or discontinues the person's business or moves the person's dwelling as a result of the acquisition of the real property, in whole or in part, or as a result of a written order of the acquiring agency to vacate real property for a program of purchase undertaken by an agency or as a direct result of code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a federal or state assisted program. See Utah Code 57-12-3
  • Person: means any individual, partnership, corporation, or association. See Utah Code 57-12-3
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
    • (2) 

    (a)  The private property owner or displaced person may request that the mediator or arbitrator authorize an additional appraisal.

    (b)  If the mediator or arbitrator determines that an additional appraisal is reasonably necessary to reach a resolution of the case, the mediator or arbitrator may:

    (i)  have an additional appraisal of the property prepared by an independent appraiser; and

    (ii)  require the agency to pay the costs of the first additional appraisal.

    Amended by Chapter 306, 2007 General Session

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