3rd Sub.
H.B.
334
EMINENT DOMAIN
house floor
Amendments
Amendment 2 February 23, 2007 10:24 am
Representative Lorie D. Fowlke
proposes the following amendments:
1. Page
1, Lines 12 through 13
:
12
{
. establishes a task force to study issues related to eminent domain and provides for
13
task force membership, duties, compensation, and reporting requirements;
}
2. Page
1, Lines 17 through 19
:
17
{
. excludes emergency access ways and open land as public uses for which eminent
18
domain may be used;
}
19
. excludes certain
portions of
parks from the scope of what is a public use for purposes of
3. Page
2, Line 29
:
29
{
This bill provides a November 30, 2007 repeal date for certain sections of this bill.
}
4. Page
2, Lines 52 through 53
:
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
5. Page
2, Line 56
:
56
{
(ii) paths, lanes, or other ways for emergency access; and
}
6. Page
, Line 88 through Page 4, Line 88
:
88
(11) cemeteries and public parks[.], except for a
portion of a
park
{
whose
}
if the
primary
use
of the portion
is:
7. Page
4, Line 107 through Page 5, Line 140
:
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
}
2
. Legislative intent.
8. Page
, Line 150 through Page 6, Line 155
:
150
{
(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)
}
(2)
The Legislature
{
viewed
}
views
Section
78-34-1
,
{
before
}
with
the passage of S.B. 117 from the
9. Page
6, Line 158
:
158
be used. The Legislature
{
viewed
}
views
Section
78-34-1
,
{
before
}
with
the passage of
this bill, as excluding
10. Page
6, Lines 162 through 168
:
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.
}
168
Section
{
6
}
3
. Effective date.
11. Page
6, Lines 173 through 174
:
173
{
Section 7. Repeal date.
174
Sections 2 through 4 of this bill are repealed November 30, 2007.
}
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