As used in this chapter:

(1)  “Agency” means:

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Terms Used In Utah Code 57-12-3

  • 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
  • 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
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department of Transportation: means the Department of Transportation created in Section 72-1-201. See Utah Code 57-12-3
  • Displaced person: means any person who, after the effective date of this chapter, moves from real property, or who moves the person's personal property from real property, or moves or discontinues the person's business or moves the person's dwelling as a result of the acquisition of the real property, in whole or in part, or as a result of a written order of the acquiring agency to vacate real property for a program of purchase undertaken by an agency or as a direct result of code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a federal or state assisted program. See Utah Code 57-12-3
  • 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
  • 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
  • Nonprofit organization: means all corporations, societies, and associations whose object is not pecuniary profit, but is to promote the general interest and welfare of the members, whether temporal, social, or spiritual. See Utah Code 57-12-3
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, partnership, corporation, or association. See Utah Code 57-12-3
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • 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)  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.

    • (2)  “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.

    (3)  “Department of Transportation” means the Department of Transportation created in Section 72-1-201.

    (4)  “Displaced person” means any person who, after the effective date of this chapter, moves from real property, or who moves the person’s personal property from real property, or moves or discontinues the person’s business or moves the person’s dwelling as a result of the acquisition of the real property, in whole or in part, or as a result of a written order of the acquiring agency to vacate real property for a program of purchase undertaken by an agency or as a direct result of code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a federal or state assisted program.

    (5)  “Family farm” means a farm operation which is conducted:

    (a)  on two sections (1280 acres) or less; or

    (b)  as a sole proprietorship or through an entity which is wholly owned by members of the same immediate family.

    (6)  “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.

    (7)  “Nonprofit organization” means all corporations, societies, and associations whose object is not pecuniary profit, but is to promote the general interest and welfare of the members, whether temporal, social, or spiritual.

    (8)  “Person” means any individual, partnership, corporation, or association.

    (9) 

    (a)  “Pole barn” means a building or structure used in conjunction with a farm operation that:

    (i)  uses poles as the primary load-bearing structure; and

    (ii)  does not have a foundation.

    (b)  “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.

    (10)  “Small business” means a business which has a gross annual income of less than $1,500,000.

    Amended by Chapter 107, 2022 General Session

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