(1)  Each political subdivision shall enact an ordinance establishing guidelines to assist them in identifying actions involving the physical taking or exaction of private real property that may have constitutional taking issues.

Terms Used In Utah Code 63L-4-201

  • Constitutional taking issues: means actions involving the physical taking or exaction of private real property by a political subdivision that might require compensation to a private real property owner because of:
(a) the Fifth or Fourteenth Amendment of the Constitution of the United States;
(b) Article I, Section 22 of the Utah Constitution; or
(c) any recent court rulings governing the physical taking or exaction of private real property by a government entity. See Utah Code 63L-4-102
  • Political subdivision: means a county, municipality, special district, special service district, school district, or other local government entity. See Utah Code 63L-4-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
    • (2)  Each political subdivision shall consider the guidelines required by this section when taking any action that might result in the physical taking or exaction of private real property.

    (3) 

    (a)  The guidelines adopted under the authority of this section are advisory.

    (b)  A court may not impose liability upon a political subdivision for failure to comply with the guidelines required by this section.

    (c)  The guidelines neither expand nor limit the scope of any political subdivision’s liability for a constitutional taking.

    Renumbered and Amended by Chapter 382, 2008 General Session

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