17-34-6. State to indemnify county regarding refusal to site nuclear waste -- Terms
and conditions.
If a county is challenged in a court of law regarding its decision to deny siting of a storage
or transfer facility for the placement of high-level nuclear waste or greater than class C
radioactive waste or its refusal to provide municipal-type services regarding the operation of the
storage or transfer facility, the state shall indemnify, defend, and hold the county harmless from
any claims or damages, including court costs and attorney fees that are assessed as a result of the
county's action, if:
(1) the county has complied with the provisions of Subsection 17-27a-401(3)(b) by
adopting an ordinance rejecting all proposals for the siting of a storage or transfer facility for the
placement of high-level nuclear waste or greater than class C radioactive waste wholly or
partially within the boundaries of the county;
(2) the county has complied with Subsection 17-34-1(3) regarding refusal to provide
municipal-type services; and
(3) the court challenge against the county addresses the county's actions in compliance
with Subsection 17-27a-401(3)(b) or 17-34-1(3).
Amended by Chapter 254, 2005 General Session
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Last revised: Thursday, May 28, 2009