Download Zipped Amended WordPerfect HB0334S03.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
Third Substitute H.B. 334
This document includes House Floor Amendments incorporated into the bill on Fri, Feb
23, 2007 at 2:28 PM by jeyring. -->
Representative Aaron Tilton proposes the following substitute bill:
1
EMINENT DOMAIN
2
2007 GENERAL SESSION
3
STATE OF UTAH
4
Chief Sponsor: Aaron Tilton
5
Senate Sponsor:
Curtis S. Bramble
6
7
LONG TITLE
8
General Description:
9
This bill modifies provisions relating to eminent domain.
10
Highlighted Provisions:
11
This bill:
12
. establishes a task force to study issues related to eminent domain and provides for
13
task force membership, duties, compensation, and reporting requirements;
14
. clarifies an exclusion from a public use relating to trails, paths, or other ways for
15
walking, hiking, bicycling, equestrian use, or other recreational uses for which
16
eminent domain may not be used;
17
. excludes emergency access ways and open land as public uses for which eminent
18
domain may be used;
19
. excludes certain parks from the scope of what is a public use for purposes of
20
eminent domain; and
21
. expresses legislative intent concerning S.B. 117 passed during the 2006 General
22
Session and this bill.
23
Monies Appropriated in this Bill:
24
This bill appropriates:
25
. $8,000 to the Senate; and
26
. $21,000 to the House of Representatives.
27
Other Special Clauses:
28
This bill provides an immediate effective date.
29
This bill provides a November 30, 2007 repeal date for certain sections of this bill.
30
Utah Code Sections Affected:
31
AMENDS:
32
78-34-1, as last amended by Chapter 358, Laws of Utah 2006
33
Uncodified Material Affected:
34
ENACTS UNCODIFIED MATERIAL
35
36
Be it enacted by the Legislature of the state of Utah:
37
Section 1.
Section
78-34-1
is amended to read:
38
78-34-1. Uses for which right may be exercised.
39
Subject to the provisions of this chapter, the right of eminent domain may be exercised
40
in behalf of the following public uses:
41
(1) all public uses authorized by the Government of the United States[.];
42
(2) public buildings and grounds for the use of the state, and all other public uses
43
authorized by the Legislature[.];
44
(3) (a) public buildings and grounds for the use of any county, city [or incorporated],
45
town, or board of education;
46
(b) reservoirs, canals, aqueducts, flumes, ditches, or pipes for conducting water for the
47
use of the inhabitants of any county [or], city, or [incorporated] town, or for the draining of any
48
county, city, or [incorporated] town;
49
(c) the raising of the banks of streams, removing obstructions [therefrom] from
50
streams, and widening, deepening, or straightening their channels;
51
(d) bicycle paths and sidewalks adjacent to paved roads;
52
(e) roads, streets, and alleys for public vehicular use, excluding:
53
(i) trails, paths, or other ways for walking, hiking, bicycling, equestrian use, or other
54
recreational uses, or whose primary purpose is as a foot path, equestrian trail, bicycle path, or
55
walkway; and
56
(ii) paths, lanes, or other ways for emergency access; and
57
(f) all other public uses for the benefit of any county, city, or [incorporated] town, or
58
the inhabitants [thereof.] of a county, city, or town;
59
(4) wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank
60
and turnpike roads, roads for transportation by traction engines or road locomotives, roads for
61
logging or lumbering purposes, and railroads and street railways for public transportation[.];
62
(5) reservoirs, dams, watergates, canals, ditches, flumes, tunnels, aqueducts and pipes
63
for the supplying of persons, mines, mills, smelters or other works for the reduction of ores,
64
with water for domestic or other uses, or for irrigation purposes, or for the draining and
65
reclaiming of lands, or for the floating of logs and lumber on streams not navigable, or for solar
66
evaporation ponds and other facilities for the recovery of minerals in solution[.];
67
(6) roads, railroads, tramways, tunnels, ditches, flumes, pipes and dumping places to
68
facilitate the milling, smelting or other reduction of ores, or the working of mines, quarries,
69
coal mines or mineral deposits including minerals in solution; outlets, natural or otherwise,
70
for the deposit or conduct of tailings, refuse or water from mills, smelters or other works for
71
the reduction of ores, or from mines, quarries, coal mines or mineral deposits including
72
minerals in solution; mill dams; gas, oil or coal pipelines, tanks or reservoirs, including any
73
subsurface stratum or formation in any land for the underground storage of natural gas, and in
74
connection therewith such other interests in property as may be required adequately to
75
examine, prepare, maintain, and operate such underground natural gas storage facilities; and
76
solar evaporation ponds and other facilities for the recovery of minerals in solution; also any
77
occupancy in common by the owners or possessors of different mines, quarries, coal mines,
78
mineral deposits, mills, smelters, or other places for the reduction of ores, or any place for the
79
flow, deposit or conduct of tailings or refuse matter[.];
80
(7) byroads leading from highways to residences and farms[.];
81
(8) telegraph, telephone, electric light and electric power lines, and sites for electric
82
light and power plants[.];
83
(9) sewerage of any city or town, or of any settlement of not less than ten families, or
84
of any public building belonging to the state, or of any college or university[.];
85
(10) canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and
86
storing water for the operation of machinery for the purpose of generating and transmitting
87
electricity for power, light or heat[.];
88
(11) cemeteries and public parks[.], except for a park whose primary use is:
89
(a) as a trail, path, or other way for walking, hiking, bicycling, or equestrian use; or
90
(b) to connect other trails, paths, or other ways for walking, hiking, bicycling, or
91
equestrian use;
92
(12) pipe lines for the purpose of conducting any and all liquids connected with the
93
manufacture of beet sugar[.]; and
94
(13) sites for mills, smelters or other works for the reduction of ores and necessary to
95
the successful operation thereof, including the right to take lands for the discharge and natural
96
distribution of smoke, fumes and dust therefrom, produced by the operation of such works;
97
provided, that the powers granted by this subdivision shall not be exercised in any county
98
where the population exceeds [twenty thousand] 20,000, or within one mile of the limits of any
99
city or incorporated town; nor unless the proposed condemner has the right to operate by
100
purchase, option to purchase or easement, at least [seventy-five per cent] 75% in value of land
101
acreage owned by persons or corporations situated within a radius of four miles from the mill,
102
smelter or other works for the reduction of ores; nor beyond the limits of said four-mile radius;
103
nor as to lands covered by contracts, easements or agreements existing between the condemner
104
and the owner of land within said limit and providing for the operation of such mill, smelter or
105
other works for the reduction of ores; nor until an action shall have been commenced to restrain
106
the operation of such mill, smelter or other works for the reduction of ores.
107
Section 2. Eminent Domain Task Force -- Creation -- Membership -- Interim
108
rules followed -- Compensation -- Staff.
109
(1) There is created the Eminent Domain Task Force consisting of the following 11
110
members:
111
(a) three members of the Senate appointed by the president of the Senate, no more than
112
two of whom may be from the same political party; and
113
(b) eight members of the House of Representatives appointed by the speaker of the
114
House of Representatives, no more than five of whom may be from the same political party.
115
(2) (a) The president of the Senate shall designate a member of the Senate appointed
116
under Subsection (1)(a) as a cochair of the task force.
117
(b) The speaker of the House of Representatives shall designate a member of the House
118
of Representatives appointed under Subsection (1)(b) as a cochair of the task force.
119
(3) In conducting its business, the task force shall comply with the rules of legislative
120
interim committees.
121
(4) Salaries and expenses of the members of the task force shall be paid in accordance
122
with Section
36-2-2
and Legislative Joint Rule 15.03.
123
(5) The Office of Legislative Research and General Counsel shall provide staff support
124
to the task force.
125
Section 3. Duties -- Interim report.
126
(1) The task force shall review and make recommendations on the following issues:
127
(a) the policy of the state regarding the public uses for which property may be taken by
128
eminent domain;
129
(b) whether current statutory provisions relating to eminent should be revised and
130
updated; and
131
(c) other issues relating to eminent domain that the task force considers appropriate.
132
(2) A final report, including any proposed legislation shall be presented to the Political
133
Subdivisions Interim Committee Interim Committee before November 30, 2007.
134
Section 4. Appropriation.
135
There is appropriated from the General Fund for fiscal year 2006-07 only:
136
(1) $8,000 to the Senate to pay for the compensation and expenses of senators on the
137
task force; and
138
(2) $21,000 to the House of Representatives to pay for the compensation and expenses
139
of representatives on the task force.
140
Section 5. Legislative intent.
141
(1) During the 2006 General Session, the Legislature passed S.B. 117, Eminent
142
Domain Amendments, which, among other things, amended Section
78-34-1
of the Utah Code
143
relating to the public uses for which eminent domain may be exercised. One of the changes to
144
Subsection
78-34-1
(3) made by S.B. 117 was the addition of language to indicate that trails,
145
paths, or other ways for walking, hiking, bicycling, equestrian use, or other recreation uses are
146
excluded from the public uses for which eminent domain may be used. In addition, one of the
147
changes in this bill is to state an exception for a park whose primary use is as a trail, path, or
148
other way for walking, hiking, bicycling, or equestrian use or to connect other such trails,
149
paths, or ways.
150
H. [
(2) These changes to Section
78-34-1
made by S.B. 117 and this bill are efforts to state
151
explicitly existing principles of eminent domain that had not previously been as explicitly
152
stated. A clarification of the intent behind these changes will benefit all those applying and
153
interpreting this provision of the Utah Code. It is not the intent of the Legislature to affect any
154
action that has had final adjudication.
155
(3) The Legislature viewed Section
78-34-1
, before the passage of S.B. 117 from the
156
2006 General Session, as excluding trails, paths, or other ways for walking, hiking, bicycling,
157
equestrian use, or other recreational uses, from the public uses for which eminent domain may
158
be used. The Legislature viewed Section
78-34-1
, before the passage of this bill, as excluding
159
parks whose primary use is as a trail, path, or other way for walking, hiking, bicycling, or
160
equestrian use or to connect those trails, paths, or other ways, from the public uses for which
161
eminent domain may be used.
162
(4) In passing S.B. 117, it was the intent of the Legislature that the addition of new
163
language to Subsection
78-34-1
(3) after the word "alleys" was to state explicitly those
164
enumerated exclusions that had not previously been as explicitly stated. In passing this bill, it
165
is the intent of the Legislature that the addition of new language to Subsection
78-34-1
(11)
166
after the word "parks" is to state explicitly the enumerated exclusions that had not previously
167
been as explicitly stated.
] .H
168
Section 6. Effective date.
169
If approved by two-thirds of all the members elected to each house, this bill takes effect
170
upon approval by the governor, or the day following the constitutional time limit of Utah
171
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
172
the date of veto override.
173
Section 7. Repeal date.
174
Sections 2 through 4 of this bill are repealed November 30, 2007.
[Bill Documents][Bills Directory]