Members Present:
Rep. Ryan Wilcox, Chair
Rep. Jim Nielson, Vice Chair
Rep. Jake Anderegg
Rep. Joel Briscoe
Rep. Tim Cosgrove
Rep. Steve Eliason
Rep. Gage Froerer
Rep. Francis Gibson
Rep. Eric Hutchings
Rep. Brian King
Rep. John Knotwell
Rep. Kay McIff
Rep. Doug Sagers
Rep. Jon Stanard
Rep. Earl Tanner
Members Absent:
Rep. Mel Brown
Staff Present: Mr. Leif G. Elder, Policy Analyst
Ms. An Bradshaw, Secretary
NOTE: A list of visitors and a copy of handouts are filed with the committee minutes.
Chair Wilcox called the meeting to order at 8:16 a.m.
H.B. 364 Eminent Domain and Public Recreation (Rep. M. Roberts)
Rep. Roberts explained the bill to the committee.
MOTION:
Rep. Anderegg moved to amend the bill as follows:
1. Page
1, Line 24 through Page 3, Line 85
:
24
(1)
Subject to the provisions of this part, the right of eminent domain may be
exercised on
25
behalf of the following public uses:
26
{
(1)
}
(a)
all public uses authorized by the federal government;
27
{
(2)
}
(b)
public buildings and grounds for the use of the state, and all other
public uses
28
authorized by the Legislature;
29
{
(3) (a)
}
(c)(i)
public buildings and grounds for the use of any county, city,
town, or board of
30
education;
31
{
(b)
}
(ii)
reservoirs, canals, aqueducts, flumes, ditches, or pipes for
conducting water or
32
sewage, including to or from a development, for the use of the inhabitants of any county,
city,
33
or town, or for the draining of any county, city, or town;
34
{
(c)
}
(iii)
the raising of the banks of streams, removing obstructions from
streams, and
35
widening, deepening, or straightening their channels;
36
{
(d)
}
(iv)
bicycle paths and sidewalks adjacent to paved roads;
37
{
(e)
}
(v)
roads, byroads, streets, and alleys for public vehicular use,
including for access to a
38
development, excluding trails, paths, or other ways for walking, hiking, bicycling,
equestrian
39
use, or other recreational uses, or whose primary purpose is as a foot path, equestrian
trail,
40
bicycle path, or walkway; and
41
{
(f)
}
(vi)
all other public uses for the benefit of any county, city, or town,
or its inhabitants;
43
and turnpike roads, roads for transportation by traction engines or road locomotives, roads
for
44
logging or lumbering purposes, and railroads and street railways for public transportation;
45
46
for the supplying of persons, mines, mills, smelters or other works for the reduction of
ores,
47
with water for domestic or other uses, or for irrigation purposes, or for the draining and
48
reclaiming of lands, or for the floating of logs and lumber on streams not navigable, or for
solar
49
evaporation ponds and other facilities for the recovery of minerals in solution;
50
51
to access or facilitate the milling, smelting, or other reduction of ores, or the working of
mines,
52
quarries, coal mines, or mineral deposits including oil, gas, and minerals in solution;
53
{
(b)
}
(ii)
outlets, natural or otherwise, for the deposit or conduct of
tailings, refuse or water
54
from mills, smelters or other works for the reduction of ores, or from mines, quarries, coal
55
mines or mineral deposits including minerals in solution;
56
{
(c)
}
(iii)
mill dams;
57
{
(d)
}
(iv)
gas, oil or coal pipelines, tanks or reservoirs, including any
subsurface stratum or
58
formation in any land for the underground storage of natural gas, and in connection with
that,
59
any other interests in property which may be required to adequately examine, prepare,
60
maintain, and operate underground natural gas storage facilities;
61
{
(e)
}
(v)
solar evaporation ponds and other facilities for the recovery of
minerals in solution;
62
and
63
{
(f)
}
(vi)
any occupancy in common by the owners or possessors of
different mines, quarries,
64
coal mines, mineral deposits, mills, smelters, or other places for the reduction of ores, or
any
65
place for the flow, deposit or conduct of tailings or refuse matter;
66
{
(7)
}
(g)
byroads leading from a highway to:
67
{
(a)
}
(i)
a residence; or
68
{
(b)
}
(ii)
a farm;
69
{
(8)
}
(h)
telegraph, telephone, electric light and electric power lines, and
sites for electric
70
light and power plants;
71
{
(9)
}
(i)
sewage service for:
72
{
(a)
}
(i)
a city, a town, or any settlement of not fewer than 10 families;
73
{
(b)
}
(ii)
a public building belonging to the state; or
76
storing water for the operation of machinery for the purpose of generating and
transmitting
77
electricity for power, light or heat;
78
{
(11)
}
(k)
cemeteries and public parks, except for a park whose primary
use is:
79
{
(a)
}
(i)
as a trail, path, or other way for walking, hiking, bicycling, or
equestrian use; [or]
80
{
(b)
}
(ii)
to connect other trails, paths, or other ways for walking, hiking,
bicycling, or
81
equestrian use; or
82
{
(c)
}
(iii) except as provided in Subsection (2),
as a golf course;
83
{
(12)
}
(l)
pipelines for the purpose of conducting any and all liquids
connected with the
84
manufacture of beet sugar; and
85
{
(13)
}
(m)
sites for mills, smelters or other works for the reduction of ores
and necessary to
2. Page
4, Line 97
:
97
reduction of ores.
(2) Subsection (1)(k)(iii) does not apply to an exercise of eminent domain by
the Department of Transportation to acquire property intended, in whole or in part,
for use as a golf course if the property acquired by eminent domain is needed:
(a)(i) to exchange for other real property that is devoted to or held for public
use; and
(ii) for a state transportation purpose; or
(b) to mitigate the impacts of a public transportation project.
The motion to amend passed unanimously with Rep. Briscoe, Rep. Cosgrove, Rep. Froerer, Rep.
Gibson, Rep. Hutchings, and Rep. McIff absent for the vote.
Spoke for the bill: Sterling Brown, Utah Farm Bureau
Spoke to the bill: Lincoln Shurtz, Utah League of Cities and Towns
MOTION: Rep. King moved to pass the bill out favorably. The motion passed unanimously
with Rep. Froerer and Rep. McIff absent for the vote.
MOTION: Rep. Gibson moved to place HB364 on the Consent Calendar. The motion failed
on a voice vote.
H.B. 381 Local Government Interfund Loans (Rep. J. Knotwell)
Rep. Knotwell explained the bill to the committee.
Spoke for the bill: John Dougall, State Auditor
Spoke to the bill: Arie Van De Graaff, Utah Association of Counties
MOTION: Rep. Anderegg moved to pass the bill out favorably. The motion passed
unanimously.
MOTION: Rep. Nielson moved to adjourn the meeting. The motion passed with Rep.
Anderegg voting in opposition.