3rd Sub.
H.B.
334
EMINENT DOMAIN
house floor
Amendments
Amendment 1 February 23, 2007 9:58 am
Representative Ralph Becker
proposes the following amendments:
1. Page
1, Line 1
:
1
EMINENT DOMAIN
TASK FORCE
2. Page
1, Lines 14 through 22
:
14
{
. clarifies an exclusion from a public use relating to trails, paths, or other ways for
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walking, hiking, bicycling, equestrian use, or other recreational uses for which
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eminent domain may not be used;
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. excludes emergency access ways and open land as public uses for which eminent
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domain may be used;
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. excludes certain parks from the scope of what is a public use for purposes of
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eminent domain; and
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. expresses legislative intent concerning S.B. 117 passed during the 2006 General
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Session and this bill.
}
3. Page
2, Line 29
:
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This bill provides a November 30, 2007 repeal date
{
for certain sections of this bill
}
.
4. Page
2, Lines 31 through 32
:
31
{
AMENDS:
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78-34-1, as last amended by Chapter 358, Laws of Utah 2006
}
5. Page
2, Line 37 through Page 4, Line 107
:
37
{
Section 1.
Section
78-34-1
is amended to read:
38
78-34-1. Uses for which right may be exercised.
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Subject to the provisions of this chapter, the right of eminent domain may be exercised
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in behalf of the following public uses:
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(1) all public uses authorized by the Government of the United States[.];
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(2) public buildings and grounds for the use of the state, and all other public uses
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authorized by the Legislature[.];
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(3) (a) public buildings and grounds for the use of any county, city [or incorporated],
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town, or board of education;
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(b) reservoirs, canals, aqueducts, flumes, ditches, or pipes for conducting water for the
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use of the inhabitants of any county [or], city, or [incorporated] town, or for the draining of any
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county, city, or [incorporated] town;
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(c) the raising of the banks of streams, removing obstructions [therefrom] from
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streams, and widening, deepening, or straightening their channels;
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(d) bicycle paths and sidewalks adjacent to paved roads;
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(e) roads, streets, and alleys for public vehicular use, excluding:
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(i) trails, paths, or other ways for walking, hiking, bicycling, equestrian use, or other
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recreational uses, or whose primary purpose is as a foot path, equestrian trail, bicycle path, or
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walkway; and
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(ii) paths, lanes, or other ways for emergency access; and
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(f) all other public uses for the benefit of any county, city, or [incorporated] town, or
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the inhabitants [thereof.] of a county, city, or town;
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(4) wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank
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and turnpike roads, roads for transportation by traction engines or road locomotives, roads for
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logging or lumbering purposes, and railroads and street railways for public transportation[.];
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(5) reservoirs, dams, watergates, canals, ditches, flumes, tunnels, aqueducts and pipes
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for the supplying of persons, mines, mills, smelters or other works for the reduction of ores,
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with water for domestic or other uses, or for irrigation purposes, or for the draining and
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reclaiming of lands, or for the floating of logs and lumber on streams not navigable, or for solar
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evaporation ponds and other facilities for the recovery of minerals in solution[.];
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(6) roads, railroads, tramways, tunnels, ditches, flumes, pipes and dumping places to
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facilitate the milling, smelting or other reduction of ores, or the working of mines, quarries,
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coal mines or mineral deposits including minerals in solution; outlets, natural or otherwise,
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for the deposit or conduct of tailings, refuse or water from mills, smelters or other works for
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the reduction of ores, or from mines, quarries, coal mines or mineral deposits including
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minerals in solution; mill dams; gas, oil or coal pipelines, tanks or reservoirs, including any
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subsurface stratum or formation in any land for the underground storage of natural gas, and in
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connection therewith such other interests in property as may be required adequately to
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examine, prepare, maintain, and operate such underground natural gas storage facilities; and
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solar evaporation ponds and other facilities for the recovery of minerals in solution; also any
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occupancy in common by the owners or possessors of different mines, quarries, coal mines,
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mineral deposits, mills, smelters, or other places for the reduction of ores, or any place for the
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flow, deposit or conduct of tailings or refuse matter[.];
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(7) byroads leading from highways to residences and farms[.];
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(8) telegraph, telephone, electric light and electric power lines, and sites for electric
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light and power plants[.];
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(9) sewerage of any city or town, or of any settlement of not less than ten families, or
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of any public building belonging to the state, or of any college or university[.];
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(10) canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and
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storing water for the operation of machinery for the purpose of generating and transmitting
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electricity for power, light or heat[.];
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(11) cemeteries and public parks[.], except for a park whose primary use is:
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(a) as a trail, path, or other way for walking, hiking, bicycling, or equestrian use; or
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(b) to connect other trails, paths, or other ways for walking, hiking, bicycling, or
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equestrian use;
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(12) pipe lines for the purpose of conducting any and all liquids connected with the
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manufacture of beet sugar[.]; and
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(13) sites for mills, smelters or other works for the reduction of ores and necessary to
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the successful operation thereof, including the right to take lands for the discharge and natural
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distribution of smoke, fumes and dust therefrom, produced by the operation of such works;
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provided, that the powers granted by this subdivision shall not be exercised in any county
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where the population exceeds [twenty thousand] 20,000, or within one mile of the limits of any
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city or incorporated town; nor unless the proposed condemner has the right to operate by
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purchase, option to purchase or easement, at least [seventy-five per cent] 75% in value of land
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acreage owned by persons or corporations situated within a radius of four miles from the mill,
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smelter or other works for the reduction of ores; nor beyond the limits of said four-mile radius;
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nor as to lands covered by contracts, easements or agreements existing between the condemner
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and the owner of land within said limit and providing for the operation of such mill, smelter or
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other works for the reduction of ores; nor until an action shall have been commenced to restrain
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the operation of such mill, smelter or other works for the reduction of ores.
}
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Section
{
2
}
1
. Eminent Domain Task Force -- Creation -- Membership -- Interim
6. Page
5, Line 125
:
125
Section
{
3
}
2
. Duties -- Interim report.
7. Page
5, Line 134
:
134
Section
{
4
}
3
. Appropriation.
8. Page
5, Line 140 through Page 6, Line 174
:
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{
Section 5. Legislative intent.
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(1) During the 2006 General Session, the Legislature passed S.B. 117, Eminent
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Domain Amendments, which, among other things, amended Section
78-34-1
of the Utah Code
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relating to the public uses for which eminent domain may be exercised. One of the changes to
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Subsection
78-34-1
(3) made by S.B. 117 was the addition of language to indicate that trails,
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paths, or other ways for walking, hiking, bicycling, equestrian use, or other recreation uses are
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excluded from the public uses for which eminent domain may be used. In addition, one of the
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changes in this bill is to state an exception for a park whose primary use is as a trail, path, or
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other way for walking, hiking, bicycling, or equestrian use or to connect other such trails,
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paths, or ways.
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(2) These changes to Section
78-34-1
made by S.B. 117 and this bill are efforts to state
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explicitly existing principles of eminent domain that had not previously been as explicitly
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stated. A clarification of the intent behind these changes will benefit all those applying and
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interpreting this provision of the Utah Code. It is not the intent of the Legislature to affect any
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action that has had final adjudication.
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(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,
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equestrian use, or other recreational uses, from the public uses for which eminent domain may
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be used. The Legislature viewed Section
78-34-1
, before the passage of this bill, as excluding
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parks whose primary use is as a trail, path, or other way for walking, hiking, bicycling, or
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equestrian use or to connect those trails, paths, or other ways, from the public uses for which
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eminent domain may be used.
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(4) In passing S.B. 117, it was the intent of the Legislature that the addition of new
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language to Subsection
78-34-1
(3) after the word "alleys" was to state explicitly those
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enumerated exclusions that had not previously been as explicitly stated. In passing this bill, it
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is the intent of the Legislature that the addition of new language to Subsection
78-34-1
(11)
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after the word "parks" is to state explicitly the enumerated exclusions that had not previously
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been as explicitly stated.
}
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{
Section 6. Effective date.
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If approved by two-thirds of all the members elected to each house, this bill takes effect
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upon approval by the governor, or the day following the constitutional time limit of Utah
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Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
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the date of veto override.
}
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Section
{
7
}
4
. Repeal date.
174
{
Sections 2 through 4 of this
}
This
bill
{
are
}
is
repealed November 30, 2007.
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