Definitions.

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  • (1) "Constitutional taking" or "taking" means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under:
    • (a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or
    • (b) Utah Constitution Article I, Section 22.
  • (2) "Takings and eminent domain law" means the provisions of the federal and state constitutions, the case law interpreting those provisions, and any relevant statutory provisions that:
    • (a) involve constitutional issues arising from the use or ownership of real property;
    • (b) require a governmental unit to compensate a real property owner for a constitutional taking; or
    • (c) provide for relocation assistance to those persons who are displaced by the use of eminent domain.




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