“Constitutional taking” or “taking” means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under:
Terms Used In Utah Code 13-43-102
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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
taking: means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under:
(a)
the Fifth or Fourteenth Amendment of the Constitution of the United States; or
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
the Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b)
Utah Constitution Article I, Section 22.
(2)
“Takings and eminent domain law” means the provisions of the federal and state constitutions, the case law interpreting those provisions, and any relevant statutory provisions that:
(a)
involve constitutional issues arising from the use or ownership of real property;
(b)
require a governmental unit to compensate a real property owner for a constitutional taking; or
(c)
provide for relocation assistance to those persons who are displaced by the use of eminent domain.
