78B-6-503. Private property which may be taken.

245 words·~1 min read·/ut/title-78b/chapter-6/78b-6-503

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

Except as provided in Subsection 78B-6-501 (3), (4), or (5), private property that may be taken under this part includes:

(1)all real property belonging to any person;

(2)lands belonging to the state, or to any county, city or incorporated town, not appropriated to some public use;

(3)property appropriated to public use, except that the property may not be taken unless for a more necessary public use than that to which the property has already been appropriated;

(4)franchises for toll roads, toll bridges, ferries, and all other franchises, except that the franchises may not be taken unless for free highways, railroads, or other more necessary public use;

(5)all rights of way for any and all purposes mentioned in Section 78B-6-501 , and any and all structures and improvements on the property, and the lands held or used in connection with the property, except that:

(a)the property is subject to be connected with, crossed, or intersected by any other right of way or improvement or structure;

(b)the property is subject to a limited use in common with the owners, when necessary; and

(c)uses of crossings, intersections, and connections shall be made in the manner most compatible with the greatest public benefit and the least private injury; and

(6)all classes of private property not enumerated if the taking is authorized by law.

Amended by Chapter 350 , 2024 General Session