78B-6-510.  Occupancy of premises pending action — Deposit paid into court — Procedure for payment of compensation.

(1) 

Terms Used In Utah Code 78B-6-510

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Land: includes :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
(a)  At any time after the commencement of suit, and after giving notice to the defendant as provided in the Utah Rules of Civil Procedure, the plaintiff may file a motion with the court requesting an order permitting the plaintiff to:

(i)  occupy the premises sought to be condemned pending the action, including appeal; and

(ii)  to do whatever work on the premises that is required.

(b)  Except as ordered by the court for good cause shown, a defendant may not be required to reply to a motion for immediate occupancy before expiration of the time to answer the complaint.

(2)  The court shall:

(a)  take proof by affidavit or otherwise of:

(i)  the value of the premises sought to be condemned, measured by an undivided interest in the premises sought to be condemned;

(ii)  any severance damages that will accrue from the condemnation to the undivided interest in any remaining property not sought to be condemned; and

(iii)  the reasons for requiring a speedy occupation; and

(b)  grant or refuse the motion according to the equity of the case and the relative damages that may accrue to the parties.

(3) 

(a)  If the motion is granted, the court shall enter its order requiring that the plaintiff, as a condition precedent to occupancy, file with the clerk of the court a sum equal to the condemning authority’s appraised valuation of the property sought to be condemned as described in Subsection (2)(a)(i).

(b)  That amount shall be for the purposes of the motion only and is not admissible in evidence on final hearing.

(4) 

(a)  Upon the filing of the petition for immediate occupancy, the court shall fix the time within which, and the terms upon which, the parties in possession are required to surrender possession to the plaintiff.

(b)  The court may issue orders governing encumbrances, liens, rents, assessments, insurance, and other charges, if any, as required.

(5) 

(a)  The rights of just compensation for the land taken as authorized by this section or damaged as a result of that taking vests in the parties entitled to it.

(b)  That compensation shall be ascertained and awarded as provided in Section 78B-6-511.

(c) 

(i)  Except as provided in Subsection (5)(c)(ii), judgment shall include, as part of the just compensation awarded, interest at the rate of 8% per annum on the amount finally awarded as the value of the property and damages, from the date of taking actual possession of the property by the plaintiff or from the date of the order of occupancy, whichever is earlier, to the date of judgment.

(ii)  The court may not award interest on the amount of the judgment that was paid into court.

(6) 

(a)  Upon the application of the parties in interest, the court shall order that the money deposited in the court be paid before judgment as an advance on the just compensation to be awarded in the proceeding.

(b)  This advance payment to a defendant shall be considered to be an abandonment by the defendant of all defenses except a claim for greater compensation.

(c)  If the compensation finally awarded exceeds the advance, the court shall enter judgment against the plaintiff for the amount of the deficiency.

(d)  If the advance received by the defendant is greater than the amount finally awarded, the court shall enter judgment against the defendant for the amount of the excess.

(7)  Arbitration of a dispute under Section 13-43-204 or 78B-6-522 is not a bar or cause to stay the action for occupancy of premises authorized by this section.

Amended by Chapter 290, 2020 General Session

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