Utah Code 57-12-13. Procedure for acquisition of property

(1)

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Terms Used In Utah Code 57-12-13

Agency: means :

(a)	a department, division, agency, commission, board, council, committee, authority, political subdivision, or other instrumentality of the state or of a political subdivision of the state whether one or more; and

(b)

any other person whose use of the power of eminent domain results in a person becoming a displaced person. See Utah Code 57-12-3

Appraisal: A determination of property value.

Business: means any lawful activity, excepting a farm operation, conducted primarily:

(a)	for the purchase, sale, lease, or rental of personal or real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;

(b)	for the sale of services to the public;

(c)	by a nonprofit organization; or

(d)

for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. See Utah Code 57-12-3

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

Farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Utah Code 57-12-3

Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Person: means any individual, partnership, corporation, or association. See Utah Code 57-12-3

Pole barn: includes any building or structure that met the definition of a pole barn in Subsection (9)(a) at any time in the five years preceding the proposed acquisition. See Utah Code 57-12-3

Property: includes both real and personal property. See Utah Code 68-3-12.5

real property: includes :Utah Code 68-3-12.5

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

(a)

As used in this section, “fee simple owner” means the owner of a fee simple interest in real property.

(b)	“Fee simple owner” does not include a tenant, lienholder, or other claimant of an interest in real property.

(2)

Any agency acquiring real property as to which it has the power to acquire under the eminent domain or condemnation laws of this state shall comply with the following policies:

(a)	Every reasonable effort shall be made to acquire expeditiously real property by negotiation with the fee simple owner.

(b)	Real property shall be appraised before the initiation of negotiations, and the fee simple owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property.

(c)

(i)	Before the initiation of negotiations for real property, an amount shall be established which is reasonably believed to be just compensation therefor, measured by an undivided interest in the real property being acquired, and such amount shall be offered to the fee simple owner for the property.

(ii)	In no event shall the amount established as described in Subsection (2)(c)(i) be less than the lowest approved appraisal of the fair market value of the property.

(iii)

Any decrease or increase of the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the fee simple owner, will be disregarded in determining the compensation for the property.

(iv)	The fee simple owner of the real property to be acquired shall be provided with a written statement of, and summary of the basis for, the amount established as just compensation.

(v)	Where appropriate the just compensation for real property acquired and for damages to remaining real property shall be separately stated.

(vi)

If a pole barn is impacted as a result of a real property acquisition under this chapter, the acquiring agency shall:

(A)	determine whether the fee simple owner would receive greater net proceeds by classifying the pole barn as real property or as personal property; and

(B)	classify the pole barn in the manner that results in the highest net proceeds to the fee simple owner.

(d)

No owner shall be required to surrender possession of real property acquired through federal or federally assisted programs before the agreed purchase price is paid or there is deposited with a court having jurisdiction of condemnation of such property, in accordance with applicable law, for the benefit of the owner an amount not less than the lowest approved appraisal of the fair market value of such property or the amount of the award of compensation in the condemnation proceeding of such property.

(e)

The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or to move his business or farm operation without at least 90 days’ written notice from the date by which such move is required.

(f)	If an owner or tenant is permitted to occupy the real property acquired on a rental basis for a short term or for a period subject to termination on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.

(g)	In no event shall the time of condemnation be advanced, on negotiations or condemnation and the deposit of funds in court for the use of the owner be deferred, or any other coercive action be taken to compel an agreement on the price to be paid for the property.

(h)

If an interest in real property is to be acquired by exercise of the power of eminent domain, formal condemnation proceedings shall be instituted. The acquiring agency shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property.

(i)	If the acquisition of only part of the property would leave the fee simple owner with an uneconomic remnant, an offer to acquire the entire property shall be made.

Amended by Chapter 107, 2022 General Session

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