17-41-405. Eminent domain restrictions — Notice of hearing.
(1)
A political subdivision having or exercising eminent domain powers may not condemn for any purpose any land within an agriculture protection area that is being used for agricultural production, land within an industrial protection area that is being put to an industrial use, or land within a critical infrastructure materials protection area, unless the political subdivision obtains approval, according to the procedures and requirements of this section, from the applicable legislative body and the advisory board.
Terms Used In Utah Code 17-41-405
Advisory board: means :
(a)
for an agriculture protection area, the agriculture protection area advisory board created as provided in Section 17-41-201;
(b)
for an industrial protection area, the industrial protection area advisory board created as provided in Section 17-41-201; and
(c)
for a critical infrastructure materials protection area, the critical infrastructure materials protection area advisory board created as provided in Section 17-41-201. See Utah Code 17-41-101
Agriculture protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
Applicable legislative body: means :
(a)
with respect to a proposed agriculture protection area, industrial protection area, or critical infrastructure materials protection area:
(i)
the legislative body of the county in which the land proposed to be included in the relevant protection area is located, if the land is within the unincorporated part of the county; or
(ii)
the legislative body of the city or town in which the land proposed to be included in the relevant protection area is located; and
(b)
with respect to an existing agriculture protection area, industrial protection area, or critical infrastructure materials protection area:
(i)
the legislative body of the county in which the relevant protection area is located, if the relevant protection area is within the unincorporated part of the county; or
(ii)
the legislative body of the city or town in which the relevant protection area is located. See Utah Code 17-41-101
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-41-101
Critical infrastructure materials protection area: means a geographic area created under the authority of this chapter on or after May 14, 2019, that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
Industrial protection area: means a geographic area created under the authority of this chapter that is granted the specific legal protections contained in this chapter. See Utah Code 17-41-101
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a)
the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
Any condemnor wishing to condemn property within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall file a notice of condemnation with the applicable legislative body and the relevant protection area’s advisory board at least 30 days before filing an eminent domain complaint.
(3)
The applicable legislative body and the advisory board shall:
(a)
hold a joint public hearing on the proposed condemnation at a location within the county in which the relevant protection area is located; and
(b)
publish notice of the time, date, place, and purpose of the public hearing for the relevant protection area, as a class A notice under Section 63G-30-102, for at least seven days.
(4)
(a)
If the condemnation is for highway purposes or for the disposal of solid or liquid waste materials, the applicable legislative body and the advisory board may approve the condemnation only if there is no reasonable and prudent alternative to the use of the land within the agriculture protection area, industrial protection area, or critical infrastructure materials protection area for the project.
(b)
If the condemnation is for any other purpose, the applicable legislative body and the advisory board may approve the condemnation only if:
(i)
the proposed condemnation would not have an unreasonably adverse effect upon the preservation and enhancement of:
(A)
agriculture within the agriculture protection area;
(B)
the industrial use within the industrial protection area; or
(C)
critical infrastructure materials operations within the critical infrastructure materials protection area; or
(ii)
there is no reasonable and prudent alternative to the use of the land within the relevant protection area for the project.
(5)
(a)
Within 60 days after receipt of the notice of condemnation, the applicable legislative body and the advisory board shall approve or reject the proposed condemnation.
(b)
If the applicable legislative body and the advisory board fail to act within the 60 days or such further time as the applicable legislative body establishes, the condemnation shall be considered rejected.
(6)
The applicable legislative body or the advisory board may request the county or municipal attorney to bring an action to enjoin any condemnor from violating any provisions of this section.
