Utah Code 77-11b-204. Compensation for damaged property subject to forfeiture

77-11b-204. Compensation for damaged property subject to forfeiture.

(1)

As used in this section:

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Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
Seized property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101

(a)	“Damage or other injury” does not mean normal depreciation, deterioration, or ordinary wear and tear of the property.

(b)	“Wildlife” means the same as that term is defined in Section 23A-1-101.

(2)	If seized property is returned under this chapter, a claimant has a civil right of action against an agency for a claim based upon the negligent destruction, loss, or damage or other injury to seized property while in the possession or custody of the agency.

(3)	This section does not apply to wildlife or parts of wildlife that are seized for an offense under Title 23A, Wildlife Resources Act.

Renumbered and Amended by Chapter 448, 2023 General Session