11-13-314. Eminent domain authority of certain commercial project entities.
(1)
Terms Used In Utah Code 11-13-314
Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:
(i)
the owners of the new generating unit are the same as or different from the owner of the project; and
(ii)
the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103
Commercial project entity: means a project entity, defined in Subsection (18), that:
(a)
has no taxing authority; and
(b)
is not supported in whole or in part by and does not expend or disburse tax revenues. See Utah Code 11-13-103
Project: includes a project entity's ownership interest in:
(i)
facilities that provide additional project capacity;
Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
Subject to Subsections (2) and (3), a commercial project entity that existed as a project entity before January 1, 1980, may, with respect to a project or facilities providing additional project capacity in which the commercial project entity has an interest, acquire property within the state through eminent domain, subject to restrictions imposed by 5, and general law for the protection of other communities.
(b)
Subsection (1)(a) may not be construed to:
(i)
give a project entity the authority to acquire water rights by eminent domain; or
(ii)
diminish any other authority a project entity may claim to have under the law to acquire property by eminent domain.
(2)
Each project entity that intends to acquire property by eminent domain under Subsection (1)(a) shall comply with the requirements of Section 78B-6-505.
(3)
A commercial project entity that has not taken a final vote to approve the filing of an eminent domain action as described in Subsection 78B-6-504(2)(c) prior to November 10, 2021, may not exercise the authority described in Subsection (1).
