H.B. 131 Enrolled

EMINENT DOMAIN AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Ben C. Ferry

LONG TITLE
General Description:
This bill modifies provisions relating to eminent domain.
Highlighted Provisions:
This bill:
. authorizes shareholders in a mutual stock water company to appear and defend in a
condemnation action involving the taking of the company or company property; and
. adds to the amount of damages to be assessed in a condemnation action:
. the value of water delivery system facilities damaged or impaired by the
condemnation of water rights or a water delivery system; and
. the value of crops on land that is condemned.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78-34-7, Utah Code Annotated 1953
78-34-10, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-34-7 is amended to read:
78-34-7. Who may appear and defend.
All persons in occupation of, or having or claiming an interest in, any of the property

described in the complaint, or in the damages for the taking thereof, though not named, including
shareholders in a mutual stock water company in a proceeding involving the taking of the
company or property belonging to the company, may appear, plead and defend, each in respect to
his own property or interest, or that claimed by him, in the same manner as if named in the
complaint.
Section 2. Section 78-34-10 is amended to read:
78-34-10. Compensation and damages -- How assessed.
The court, jury or referee must hear such legal evidence as may be offered by any of the
parties to the proceedings, and thereupon must ascertain and assess:
(1) the value of the property sought to be condemned and all improvements thereon
appertaining to the realty, and of each and every separate estate or interest therein; and if it
consists of different parcels, the value of each parcel and of each estate or interest therein shall be
separately assessed;
(2) if the property sought to be condemned constitutes only a part of a larger parcel, the
damages which will accrue to the portion not sought to be condemned by reason of its severance
from the portion sought to be condemned and the construction of the improvement in the manner
proposed by the plaintiff;
(3) if the property, though no part thereof is taken, will be damaged by the construction
of the proposed improvement, the amount of such damages;
(4) separately, how much the portion not sought to be condemned, and each estate or
interest therein, will be benefited, if at all, by the construction of the improvement proposed by the
plaintiff. If the benefit shall be equal to the damages assessed under Subdivision (2) of this section,
the owner of the parcel shall be allowed no compensation except the value of the portion taken;
but if the benefit shall be less than the damages so assessed, the former shall be deducted from the
latter, and the remainder shall be the only damages allowed in addition to the value of the portion
taken;
(5) if the property sought to be condemned consists of water rights or part of a water
delivery system or both, and the taking will cause present or future damage to or impairment of

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the water delivery system not being taken, including impairment of the system's carrying capacity,
an amount to compensate for the damage or impairment;
(6) if land on which crops are growing at the time of service of summons is sought to be
condemned, the value that those crops would have had after being harvested, taking into account
the expenses that would have been incurred cultivating and harvesting the crops; and
[(5)] (7) as far as practicable compensation must be assessed for each source of damages
separately.

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