78B-6-511. Compensation and damages -- How assessed.

461 words·~2 min read·/ut/title-78b/chapter-6/78b-6-511·

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

Effective 5/12/2020

(1)The court, jury, or referee shall hear any legal evidence offered by any of the parties to the proceedings, and determine and assess:

(i)the value of the property sought to be condemned as a whole, including all improvements pertaining to the property; and

(ii)the value of each separate interest in the property;

(b)if the property sought to be condemned constitutes only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned and the construction of the improvement in the manner proposed by the plaintiff;

(c)if the property, though no part of it is taken, will be damaged by the construction of the proposed improvement, and the amount of the damages;

(d)separately, how much the portion not sought to be condemned, and each estate or interest in it, will be benefitted, if at all, by the construction of the improvement proposed by the plaintiff , provided that if the benefit is equal to the damages assessed under Subsection (1)(b) , the owner of the parcel shall be allowed no compensation except the value of the portion taken; but if the benefit is less than the damages assessed, the former shall be deducted from the latter, and the remainder shall be the only damages allowed in addition to the value of the portion taken;

(e)if the property sought to be condemned consists of water rights or part of a water delivery system or both, and the taking will cause present or future damage to or impairment of the water delivery system not being taken, including impairment of the system's carrying capacity, an amount to compensate for the damage or impairment; and

(f)if land on which crops are growing at the time of service of summons is sought to be condemned, the value that those crops would have had after being harvested, taking into account the expenses that would have been incurred cultivating and harvesting the crops.

(2)In determining the market value of the property before the taking and the market value of the property after the taking to assess damages in partial takings cases as described in Subsection (1)(b) , the court, jury, or referee:

(a)may consider everything a willing buyer and a willing seller would consider in determining the market value of the property after the taking; and

(b)may not consider the assessed value on the property tax assessment for the property unless the court determines that the assessed value on the property tax assessment constitutes an admission by a party opponent.

Amended by Chapter 290 , 2020 General Session