| (1) |
Terms Used In Utah Code 53-2a-211- Division: means the Division of Emergency Management created in Section 53-2a-103. See Utah Code 53-2a-102
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State of emergency: means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster. See Utah Code 53-2a-102
| (a) |
Upon proclamation of a state of emergency, the governor may purchase or lease public or private property for public use including:
| (i) |
food and medical supplies; |
| (iv) |
means of transportation; |
| (vii) |
buildings or lands. |
|
| (b) |
The governor may not purchase private home storage nor privately owned arms. |
|
| (2) |
| (a) |
The governor may use property purchased under authority of this section for any purpose to meet the needs of an emergency, including its use to relieve want, distress, and disease. |
| (b) |
Any property used by the governor to meet the needs of an emergency is a public use. |
|
| (3) |
| (a) |
The governor shall compensate the owner of property taken or used under authority of this section by complying with the procedures established in 5. |
| (b) |
The governor shall pay for those purchases or leases from the funds available to the Division of Emergency Management under:
| (ii) |
6, to the extent provided for in that part. |
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| (4) |
Nothing in this section applies to or authorizes compensation for the destruction or damage of standing timber or other property in order to provide a fire break or to the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood. |
Renumbered and Amended by Chapter 295, 2013 General Session
