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S.B. 70

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EMINENT DOMAIN VALUATION

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Pete Suazo

5    AN ACT RELATING TO EMINENT DOMAIN; REQUIRING AGENCIES THAT DISPLACE
6    LANDOWNERS REIMBURSE EXPENSES IN AN AMOUNT THE AGENCY AND
7    OWNER CONSIDER REASONABLE; PROVIDING ADDITIONAL EXPENSES TO BE
8    COVERED; BROADENING REPLACEMENT PROVISIONS FROM DWELLING TO
9    PROPERTY; PROVIDING OWNER MUST BE SATISFIED AND PROVIDED WITH
10    REPLACEMENT PROPERTY; ALLOWING INDEPENDENT APPRAISAL IN CASES OF
11    DISAGREEMENT; AND MAKING TECHNICAL CORRECTIONS.
12    This act affects sections of Utah Code Annotated 1953 as follows:
13    AMENDS:
14         57-12-5, as enacted by Chapter 24, Laws of Utah 1972
15         57-12-7, as enacted by Chapter 24, Laws of Utah 1972
16    Be it enacted by the Legislature of the state of Utah:
17        Section 1. Section 57-12-5 is amended to read:
18         57-12-5. Reimbursement of owner for expenses.
19        (1) Any agency acquiring real property for its use shall, as soon as practicable after the
20    date of payment of the purchase price or the date of deposit into court of funds to satisfy the award
21    of compensation in a condemnation proceeding to acquire real property, whichever is the earlier,
22    reimburse the owner, to the extent the agency [deems] and the owner considers fair and reasonable,
23    for expenses the owner necessarily incurred for:
24        [(1)] (a) recording fees, transfer taxes, and similar expenses incidental to conveying the
25    real property to the agency;
26        [(2)] (b) penalty costs for prepayment for any preexisting recorded mortgage entered into
27    in good faith encumbering the real property; [and]

1        [(3)] (c) the pro rata portion of real property taxes paid which are allocable to a period
2    subsequent to the date of vesting title in the agency, or the effective date of possession of such real
3    property by the agency, whichever is the earlier[.];
4        (d) relocation costs; and
5        (e) an additional appraisal cost if the property owner and the agency disagree on the value
6    of the real property.
7        (2) The cost of any appraisal required under Subsection (1)(e) shall be borne solely by the
8    agency and shall be performed by an independent appraiser agreed upon by both the property
9    owner and the agency.
10        Section 2. Section 57-12-7 is amended to read:
11         57-12-7. Replacement property.
12        (1) No person shall be required to move or be relocated from land used [as] for his
13    residence, business, or agricultural purposes and acquired under any of the condemnation or
14    eminent domain laws of this state until he has been offered a comparable replacement [dwelling]
15    property which is a decent, safe, clean, and sanitary [dwelling] property adequate to accommodate
16    [this person] the occupants, reasonably accessible to public services and places of employment,
17    and available on the private market.
18        (2) If a program or project cannot proceed to actual construction because comparable sale
19    or rental [housing] property is not available, and the head of the agency and the owner determines
20    that [this housing] the property cannot otherwise be made available, [he may take] such action
21    shall be taken as is necessary or appropriate to provide [this housing] the property by use of funds
22    authorized for the project.
23        (3) No person shall be required to move from [his dwelling] the person's property after the
24    effective date of this act[, on account] because of any project of the agency, unless the [agency
25    head] owner is satisfied that replacement [housing] property is available to [this person], and
26    provided to the owner.


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Legislative Review Note
    as of 1-22-97 8:50 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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