H.B. 147

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 20, 2004 at 11:27 AM by chopkin. --> 1

MUNICIPAL CODE CONDEMNATION
2 AMENDMENTS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: LaVar Christensen
6
7 LONG TITLE
8 General Description:
9 This bill modifies a provision relating to a municipality's purchase, lease, or
10 condemnation of water and waterworks systems.
11 Highlighted Provisions:
12 This bill:
13 . establishes a presumption of the value of property in a condemnation proceeding
14 involving the taking of water, a waterworks system, water supply, or connected
15 property; and
16 . prohibits the section amended by this bill from being construed to allow a
17 municipality to condemn a political subdivision or its property.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 10-7-4, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-7-4 is amended to read:

28 10-7-4. Water supply -- Acquisition -- Condemnation -- Protest -- Special election.
29 (1) The board of commissioners, city council or board of trustees of any city or town
30 may acquire, purchase or lease all or any part of any water, waterworks system, water supply or
31 property connected therewith, and whenever the governing body of a city or town shall deem it
32 necessary for the public good such city or town may bring condemnation proceedings to
33 acquire the same; provided, that if within thirty days after the passage and publication of a
34 resolution or ordinance for the purchase or lease or condemnation herein provided for one-third
35 of the resident taxpayers of the city or town, as shown by the assessment roll, shall protest
36 against the purchase, lease or condemnation proceedings contemplated, such proposed
37 purchase, lease or condemnation shall be referred to a special election, and if confirmed by a
38 majority vote thereat, shall take effect; otherwise it shall be void.
39 (2) In all condemnation proceedings the value of land affected by the taking must be
40 considered in connection with the water or water rights taken for the purpose of supplying the
41 city or town or the inhabitants thereof with water.
42 (3) In determining just compensation in a condemnation proceeding under this section
42a H IN A MUNICIPALITY LOCATED IN A COUNTY OF THE FIRST CLASS h
43 where a determination of market value of what is proposed to be taken is impractical because
44 there is no meaningful market for what is proposed to be taken, the value shall be H :
44a (a) h presumed to
45 be the amount the owner paid to acquire ownership of what is proposed to be taken, as adjusted
46 by a change in value due to post-acquisition deterioration and any other factor reasonably and
47 equitably bearing on the value of what is proposed to be taken H ; AND
47a (b) DETERMINED BY APPLYING EQUITABLE CONSIDERATIONS INCLUDING:
47b (i) WHETHER THE OWNER WILL BE UNJUSTLY ENRICHED;
47c (ii) WHETHER THE OWNER ACQUIRED THE PROPERTY BY EXACTION OR SIMILAR METHOD;
47d AND
47e (iii) THE EXTENT TO WHICH THE CONSIDERATION THE OWNER PROVIDED IN ACQUIRING
47f THE PROPERTY CONSISTS OF AN OBLIGATION TO MAINTAIN THE PROPERTY AND WHETHER THAT
47g OBLIGATION WILL BE ASSUMED BY THE MUNICIPALITY BECAUSE OF THE CONDEMNATION h .
48 (4) This section may not be construed to provide the basis for a municipality's
49 condemnation of a political subdivision of the state or of the political subdivision's property or
50 holdings.




Legislative Review Note
as of 2-2-04 7:04 AM

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

Office of Legislative Research and General Counsel