PocketLaw | Utah Code | Eminent Domain

Eminent Domain

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Eminent domain -- Uses for which right may be exercised -- Limitations on eminent domain.

Estates and rights that may be taken.

Private property which may be taken.

Other property which may be taken -- State as plaintiff.

Conditions precedent to taking.

Negotiation and disclosure required before filing an eminent domain action.

Right of entry for survey and location.

Complaint -- Contents.

Who may appear and defend.

Powers of court or judge -- Settlement offer -- Litigation expenses.

Occupancy of premises pending action -- Deposit paid into court -- Procedure for payment of compensation.

Compensation and damages -- How assessed.

Damages -- When right has accrued -- Mitigation or reduction -- Improvements.

When title sought found defective -- Another action allowed.

Payment of award -- Bond from railroad to secure fencing.

Distribution of award -- Execution -- Annulment of proceedings on failure to pay.

Judgment of condemnation -- Recordation -- Effect.

Substitution of bond for deposit paid into court -- Abandonment of action by condemner -- Conditions of dismissal.

Rights of cities and towns not affected.

When right of way acquired -- Duty of party acquiring.

Action to set aside condemnation for failure to commence or complete construction within reasonable time.

Property sold under threat of eminent domain -- Right to repurchase property if property not used for purpose for which acquired.

Sale of property acquired by eminent domain.

Dispute resolution.