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Terms Used In Utah Code 57-12-9
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
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
Person: means any individual, partnership, corporation, or association. See Utah Code 57-12-3
(a)
A displacing agency may enact rules to assure that:
(i)
the payments and assistance authorized by this chapter are administered in a manner that is fair, reasonable, and as uniform as practicable;
(ii)
a displaced person who makes proper application for a payment authorized by this chapter is paid promptly after a move or, in hardship cases, is paid in advance; and
(iii)
any person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of a payment, may have the person’s application reviewed by the head of the displacing agency.
(b)
Each displacing agency that has not adopted rules under Subsection (1)(a) shall comply with the rules promulgated by the Utah Department of Transportation relating to displaced persons in right-of-way acquisitions.
For a financial assistance claim made by a displaced person under this chapter or 42 U.S.C. Secs. 4601-4655, for which the Department of Transportation is the displacing agency in a circumstance described in Subsection (3)(b), the Department of Transportation shall, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procure, appoint, and cover the costs of:
(i)
an administrative law judge to preside over the proceedings; and
(ii)
a stenographer to record and transcribe any relevant hearing or proceeding.
(b)
The requirements of Subsection (3)(a) shall apply to any financial assistance claim by a displaced person where:
(i)
the financial assistance claim is valued at more than $50,000; or
(ii)
there is a question of law affecting the denial of a financial assistance claim.
