S.B. 81

1

EMINENT DOMAIN AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lyle W. Hillyard
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill requires that a person exercising the right of eminent domain bare the burden
10 of proof in an eminent domain action and requires a court to award a defendant to an
11 eminent domain action costs if the defendant prevails in the action.
12 Highlighted Provisions:
13 This bill:
14 . requires that a person exercising the right of eminent domain bare the burden of
15 proof in an eminent domain action;
16 . requires a court to award a defendant to an eminent domain action costs if the
17 defendant prevails in the action; and
18 . makes technical corrections.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 78B-6-509, as renumbered and amended by Laws of Utah 2008, Chapter 3
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 78B-6-509 is amended to read:
29 78B-6-509. Powers of court or judge -- Judicial review -- Attorney fees.
30 (1) The court shall have the power to:
31 [(1)] (a) hear and determine all adverse or conflicting claims to the property sought to
32 be condemned, and the damages; and
33 [(2)] (b) determine the respective rights of different parties seeking condemnation of
34 the same property.
35 (2) For an action brought under this part, a person filing a complaint described in
36 Section 78B-6-507 shall have the burden to prove by a preponderance of the evidence that the
37 person has:
38 (a) exercised the right of eminent domain for a use described in Section 78B-6-501 ;
39 and
40 (b) met the requirements, if applicable, set forth in Sections 78B-6-504 and 78B-6-505 .
41 (3) If a person described in Section 78B-6-508 prevails in an action brought under this
42 part, the court shall award the person costs, including reasonable attorney fees.




Legislative Review Note
as of 12-9-09 12:53 PM

Office of Legislative Research and General Counsel