63L-5-302. Notice of claim -- Government's right to accommodate.
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Effective 7/1/2025
63L-5-302. Notice of claim -- Government's right to accommodate.
(1)A person may not bring an action under Section 63L-5-301 unless, 60 days before bringing the action, the person sends written notice of the intent to bring an action.
(2)The notice shall be addressed to the government entity imposing the land use regulation, and shall be prepared and delivered according to the requirements of Subsection 63G-7-401(4) .
(3)Mailing of the notice required by Subsection
(1)tolls the limitation period for bringing an action under this chapter for a period of 75 days, starting on the day the notice was mailed.
(4)Notwithstanding Subsection
(1), a person may bring an action under Section 63L-5-301 before the expiration of the 60-day notice period if:
(a)the imposition of a substantial burden on the person's free exercise of religion by the land use regulation is imminent; and
(b)the person was not informed of and did not otherwise have knowledge of the land use regulation in time to reasonably provide 60 days notice.
(a)A government entity provided with the notice required by Subsection
(2)may remedy the substantial burden on the person's free exercise of religion:
(i)before the expiration of the 60-day notice period; or
(ii)in the case of an action properly brought according to Subsection
(4), before the adjudication of a court hearing on the action.
(b)Nothing in this section prevents a government entity from providing a remedy after these time periods.
(6)The court may not award compensatory damages, attorney's fees, costs, or other expenses to a person if the substantial burden has been cured by a remedy implemented by the government entity according to Subsection (5)(a) .
Amended by Chapter 326 , 2025 General Session