78B-6-504. Conditions precedent to taking.
507 words·~2 min read·
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Effective 5/7/2025
78B-6-504. Conditions precedent to taking.
(1)As used in this section:
(a)"Feasible" means reasonably practicable after consideration of factors including:
(i)cost;
(ii)delay;
(iii)terrain;
(iv)safety; and
(v)the size and complexity of the infrastructure route.
(b)"Governing body" means:
(i)for a county, city, or town, the legislative body of the county, city, or town; and
(ii)for any other political subdivision of the state, the person or body with authority to govern the affairs of the political subdivision.
(c)"High voltage power line" means the same as that term is defined in Section 54-18-102 .
(d)"Infrastructure siting analysis" means a comprehensive evaluation that:
(i)identifies and assesses all reasonable route alternatives for the proposed infrastructure;
(ii)prioritizes the use of existing utility corridors in accordance with federal standards;
(iii)considers first the use of federal public lands when feasible; and
(iv)documents why alternatives using federal public lands are not feasible, if applicable.
(e)"Standard Form 299" means the federal form titled "Application for Transportation, Utility Systems, Telecommunications and Facilities on Federal Lands and Property" used to request authorization for use of federal lands.
(2)Before property can be taken it must appear that:
(a)the use to which it is to be applied is a use authorized by law;
(b)the taking is necessary for the use;
(c)construction and use of all property sought to be condemned will commence within a reasonable time as determined by the court, after the initiation of proceedings under this part; and
(d)if already appropriated to some public use, the public use to which it is to be applied is a more necessary public use.
(3)Property may not be taken by a political subdivision of the state unless the governing body of the political subdivision approves the taking.
(a)Before taking a final vote to approve the filing of an eminent domain action, the governing body of each political subdivision intending to take property shall provide written notice to each owner of property to be taken of each public meeting of the political subdivision's governing body at which a vote on the proposed taking is expected to occur and allow the property owner the opportunity to be heard on the proposed taking.
(b)The requirement under Subsection (4)(a) to provide notice to a property owner is satisfied by the governing body mailing the written notice to the property owner:
(i)at the owner's address as shown on the records of the county assessor's office; and
(ii)at least 10 business days before the public meeting.
(5)In addition to the requirements of Subsection (2), a person filing an eminent domain action for a high voltage power line shall:
(a)complete an infrastructure siting analysis;
(b)demonstrate that use of federal public lands is not authorized, feasible, or would result in greater public harm than the proposed condemnation; and
(c)submit the analysis to the court as part of the condemnation proceedings.
Amended by Chapter 297 , 2025 General Session