“Constitutional taking” or “taking” means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by:
Terms Used In Utah Code 63L-3-102
action: means :
(i)
proposed rules and emergency rules by a state agency that if adopted and enforced may limit the use of private property unless:
(A)
its provisions are in accordance with applicable state or federal statutes; and
(B)
the agency has adopted and implemented the guidelines required by Section 63L-3-201;
(ii)
proposed or implemented licensing or permitting conditions, requirements, or limitations to the use of private property unless:
(A)
its provisions are in accordance with applicable state or federal statutes, rules, or regulations; and
(B)
the agency has adopted and implemented the guidelines required by Section 63L-3-201;
(iii)
required dedications or exactions from owners of private property; or
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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
State agency: means an officer or administrative unit of the executive branch of state government that is authorized by law to adopt rules. See Utah Code 63L-3-102
taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by:
(a)
the Fifth or Fourteenth Amendment of the Constitution of the United States; or
orders and enforcement actions that are issued by a court of law in accordance with applicable federal or state statutes.
(3)
“Private property” means any school or institutional trust lands and any real or personal property in this state that is protected by:
(a)
the Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b)
Utah Constitution Article I, Section 22.
(4)
(a)
“State agency” means an officer or administrative unit of the executive branch of state government that is authorized by law to adopt rules.
(b)
“State agency” does not include the legislative or judicial branches of state government.
(5)
“Takings law” means the provisions of the federal and state constitutions, the case law interpreting those provisions, and any relevant statutory provisions that require a governmental unit to compensate a private property owner for a constitutional taking.
Renumbered and Amended by Chapter 382, 2008 General Session
