H.B.
334
EMINENT DOMAIN
house floor
Amendments
Amendment 2 February 13, 2007 12:06 pm
Representative Lorie D. Fowlke
proposes the following amendments:
1. Page
1, Lines 15 through 16
House Committee Amendments
2-1-2007
:
15
{
. excludes emergency access ways as a public use for which eminent domain may be
16
used;
}
2. Page
2, Lines 52 through 53
House Committee Amendments
2-1-2007
:
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
3. Page
2, Line 56
House Committee Amendments
2-1-2007
:
56
{
(ii) paths, lanes, or other ways for emergency access; and
}
4. Page
4, Line 120 through Page 5, Line 130
House Committee Amendments
2-1-2007
:
120
{
(2) The change to Subsection
78-34-1
(3) made by S.B. 117 was intended as a
121
reaffirmation of then existing law and was an effort to state explicitly an existing principle of
122
eminent domain that had not previously been as explicitly stated. A clarification of the intent
123
behind the change to Subsection
78-34-1
(3) will benefit all those applying and interpreting this
124
provision of the Utah Code.
125
(3) The Legislature viewed Section
78-34-1
, before the passage of S.B. 117 from the
126
2006 General Session, as excluding trails, paths, or other ways for walking, hiking, bicycling,
127
equestrian use, or other recreational uses, from the public uses for which eminent domain may
128
be used.
}
129
{
(4)
}
(2)
In passing S.B. 117, it was the intent of the Legislature that the addition of new
130
language to Subsection
78-34-1
(3) after the word "alleys" was
{
to reaffirm the existing law and
}
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