S.B. 83

1

CONDEMNATION AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Dennis E. Stowell
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to eminent domain.
10 Highlighted Provisions:
11 This bill:
12 . authorizes a person whose property is acquired under threat of eminent domain to:
13 . agree with the condemnor to a reasonable amount of time for commencement of
14 construction and use of all the property that is the subject of the condemnation
15 acquisition; and
16 . commence an action to set aside the condemnation acquisition if
17 commencement of construction or use of all the property has not been
18 accomplished within the time specified;
19 . requires a condemnor who acquires property under threat of eminent domain to
20 inform the condemnee of those rights; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 78B-6-520, as renumbered and amended by Laws of Utah 2008, Chapter 3
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 78B-6-520 is amended to read:
32 78B-6-520. Action to set aside condemnation for failure to commence or complete
33 construction within reasonable time.
34 [(1) In an action to condemn property, if the court makes a finding of what is a
35 reasonable time for commencement of construction and use of all the property sought to be
36 condemned and the construction and use]
37 (1) As used in this section:
38 (a) "Condemnation acquisition" means:
39 (i) for property acquired by a judgment entered in a condemnation action, the
40 acquisition of property under that judgment; and
41 (ii) for property acquired under threat of condemnation, the acquisition of property
42 under a transaction entered into under threat of condemnation.
43 (b) "Condemnee" includes a person who sells property under threat of condemnation.
44 (c) "Condemnor" includes a person who acquires property by purchase from a
45 condemnee under threat of condemnation.
46 (d) "Time specified" means:
47 (i) for a condemnation acquisition described in Subsection (1)(a)(i), the time that the
48 court finds to be a reasonable time for commencement of construction and use of all the
49 property that is the subject of the condemnation acquisition, if the court makes a finding of
50 what is a reasonable time for commencement of construction and use of all the property; and
51 (ii) for a condemnation acquisition described in Subsection (1)(a)(ii), the time that the
52 condemnor and the condemnee agree to be a reasonable amount of time for commencement of
53 construction and use of all the property that is the subject of the condemnation acquisition.
54 (2) If commencement of construction or use of all the property that is the subject of the
55 condemnation acquisition is not accomplished within the time specified, the condemnee may
56 file an action against the condemnor to set aside the condemnation acquisition of the entire
57 parcel or any portion upon which construction and use was to have taken place.
58 [(2)] (3) In the action, if the court finds that the condemnor, without reasonable

59 justification, did not commence or complete construction and use within the time specified, it
60 shall enter judgment fixing the amount the condemnor has paid the condemnee, as a result of
61 the condemnation acquisition and all amounts due the condemnee as damages sustained by
62 reason of condemnation acquisition, including damages resulting from partial completion of
63 the contemplated use, plus all reasonable and necessary expenses actually incurred by the
64 condemnee including attorney fees.
65 [(3)] (4) If amounts due the condemnee under Subsection [(2)] (3) exceed amounts
66 paid by the condemnor, or these amounts are equal, judgment shall be entered in favor of the
67 condemnee, which judgment shall describe the property condemned and award judgment for
68 any amounts due condemnee. A copy of the judgment shall be filed in the office of the county
69 recorder of the county, and the property described in the judgment shall vest in the condemnee.
70 [(4)] (5) If amounts paid by the condemnor under Subsection [(2)] (3) exceed amounts
71 due the condemnee, judgment shall be entered describing the property condemned and giving
72 the condemnee 60 days from the date of the judgment to pay the difference between the
73 amounts to the condemnor. If payment is made, the court shall amend the judgment to reflect
74 the payment and order the amended judgment filed with the office of the county recorder of the
75 county, and the property described in the judgment shall vest in the condemnee. If payment is
76 not made, the court shall amend the judgment to reflect nonpayment and order the amended
77 judgment filed with the county recorder.
78 (6) A condemnor who seeks to acquire property under threat of eminent domain shall,
79 before acquiring the property, inform the condemnee in writing of the condemnee's right to:
80 (a) agree with the condemnor to a reasonable amount of time for commencement of
81 construction and use of all the property that is the subject of the condemnation acquisition; and
82 (b) file an action, as provided in this section, to set aside the condemnation acquisition
83 if commencement of construction or use of all the property that is the subject of the
84 condemnation acquisition is not accomplished within the time specified.




Legislative Review Note
as of 1-16-09 12:54 PM

Office of Legislative Research and General Counsel