Utah Code 63L-5-302. Notice of claim — Government’s right to accommodate
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(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.
Terms Used In Utah Code 63L-5-302
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Free exercise of religion: means an act or refusal to act that is substantially motivated by sincere religious belief, whether or not the act or refusal is compulsory or central to a larger system of religious belief, and includes the use, building, or conversion of real property for the purpose of religious exercise. See Utah Code 63L-5-102
- Government entity: means the state, a county, a municipality, a higher education institution, a special district, a special service district, any other political subdivision of the state, or any administrative subunit of any of them. See Utah Code 63L-5-102
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Land use regulation: means any state or local law or ordinance, whether statutory or otherwise, that limits or restricts a person's use or development of land or a structure affixed to land. See Utah Code 63L-5-102
- Person: means any individual, partnership, corporation, or other legal entity that owns an interest in real property. See Utah Code 63L-5-102
(2) The notice shall be addressed to the government entity imposing the land use regulation, and shall be prepared and delivered according to the requirements of Subsection63G-7-401(3) .(3) Mailing of the notice required by Subsection(1) tolls the limitation period for bringing an action under this chapter for a period of 75 days, starting on the day the notice was mailed.(4) Notwithstanding Subsection(1) , a person may bring an action under Section63L-5-301 before the expiration of the 60-day notice period if:(4)(a) the imposition of a substantial burden on the person’s free exercise of religion by the land use regulation is imminent; and(4)(b) the person was not informed of and did not otherwise have knowledge of the land use regulation in time to reasonably provide 60 days notice.(5)(5)(a) A government entity provided with the notice required by Subsection(2) may remedy the substantial burden on the person’s free exercise of religion:(5)(a)(i) before the expiration of the 60-day notice period; or(5)(a)(ii) in the case of an action properly brought according to Subsection(4) , before the adjudication of a court hearing on the action.(5)(b) Nothing in this section prevents a government entity from providing a remedy after these time periods.(6) The court may not award compensatory damages, attorney’s fees, costs, or other expenses to a person if the substantial burden has been cured by a remedy implemented by the government entity according to Subsection(5)(a) .