78B-6-501. Eminent domain -- Uses for which right may be exercised.
Subject to the provisions of this part, the right of eminent domain may be exercised on
behalf of the following public uses:
(1) all public uses authorized by the Government of the United States;
(2) public buildings and grounds for the use of the state, and all other public uses
authorized by the Legislature;
(3) (a) public buildings and grounds for the use of any county, city, town, or board of
education;
(b) reservoirs, canals, aqueducts, flumes, ditches, or pipes for conducting water for the
use of the inhabitants of any county, city, or town, or for the draining of any county, city, or
town;
(c) the raising of the banks of streams, removing obstructions from streams, and
widening, deepening, or straightening their channels;
(d) bicycle paths and sidewalks adjacent to paved roads;
(e) roads, streets, and alleys for public vehicular use, excluding trails, paths, or other
ways for walking, hiking, bicycling, equestrian use, or other recreational uses, or whose primary
purpose is as a foot path, equestrian trail, bicycle path, or walkway; and
(f) all other public uses for the benefit of any county, city, or town, or its inhabitants;
(4) wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and
turnpike roads, roads for transportation by traction engines or road locomotives, roads for
logging or lumbering purposes, and railroads and street railways for public transportation;
(5) reservoirs, dams, watergates, canals, ditches, flumes, tunnels, aqueducts and pipes for
the supplying of persons, mines, mills, smelters or other works for the reduction of ores, with
water for domestic or other uses, or for irrigation purposes, or for the draining and reclaiming of
lands, or for the floating of logs and lumber on streams not navigable, or for solar evaporation
ponds and other facilities for the recovery of minerals in solution;
(6) (a) roads, railroads, tramways, tunnels, ditches, flumes, pipes, and dumping places to
facilitate the milling, smelting, or other reduction of ores, or the working of mines, quarries, coal
mines, or mineral deposits including minerals in solution;
(b) outlets, natural or otherwise, for the deposit or conduct of tailings, refuse or water
from mills, smelters or other works for the reduction of ores, or from mines, quarries, coal mines
or mineral deposits including minerals in solution;
(c) mill dams;
(d) gas, oil or coal pipelines, tanks or reservoirs, including any subsurface stratum or
formation in any land for the underground storage of natural gas, and in connection with that, any
other interests in property which may be required to adequately examine, prepare, maintain, and
operate underground natural gas storage facilities;
(e) solar evaporation ponds and other facilities for the recovery of minerals in solution;
and
(f) any occupancy in common by the owners or possessors of different mines, quarries,
coal mines, mineral deposits, mills, smelters, or other places for the reduction of ores, or any
place for the flow, deposit or conduct of tailings or refuse matter;
(7) byroads leading from highways to residences and farms;
(8) telegraph, telephone, electric light and electric power lines, and sites for electric light
and power plants;
(9) sewerage of any city or town, or of any settlement of not less than ten families, or of
any public building belonging to the state, or of any college or university;
(10) canals, reservoirs, dams, ditches, flumes, aqueducts, and pipes for supplying and
storing water for the operation of machinery for the purpose of generating and transmitting
electricity for power, light or heat;
(11) cemeteries and public parks, except for a park whose primary use is:
(a) as a trail, path, or other way for walking, hiking, bicycling, or equestrian use; or
(b) to connect other trails, paths, or other ways for walking, hiking, bicycling, or
equestrian use;
(12) pipe lines for the purpose of conducting any and all liquids connected with the
manufacture of beet sugar; and
(13) sites for mills, smelters or other works for the reduction of ores and necessary to
their successful operation, including the right to take lands for the discharge and natural
distribution of smoke, fumes, and dust, produced by the operation of works, provided that the
powers granted by this subsection may not be exercised in any county where the population
exceeds 20,000, or within one mile of the limits of any city or incorporated town nor unless the
proposed condemner has the right to operate by purchase, option to purchase or easement, at least
75% in value of land acreage owned by persons or corporations situated within a radius of four
miles from the mill, smelter or other works for the reduction of ores; nor beyond the limits of the
four-mile radius; nor as to lands covered by contracts, easements, or agreements existing between
the condemner and the owner of land within the limit and providing for the operation of such
mill, smelter, or other works for the reduction of ores; nor until an action shall have been
commenced to restrain the operation of such mill, smelter, or other works for the reduction of
ores.
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 341, 2008 General Session
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Last revised: Thursday, May 28, 2009