S.B. 215 Enrolled

COUNTY POWERS AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: David L. Gladwell

LONG TITLE
General Description:
This bill modifies a provision relating to the powers of counties.
Highlighted Provisions:
This bill:
. clarifies that a county's acquisition of real property by condemnation is as provided
in general eminent domain statutory provisions;
. modifies a provision limiting how a provision regarding a county's condemnation
authority may be construed; and
. provides that water rights that are not appurtenant to land are not real property
subject to condemnation by a county.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-50-302, as last amended by Chapter 211, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-50-302 is amended to read:
17-50-302. General county powers.
(1) A county may:
(a) as prescribed by statute, levy, assess, and collect taxes, borrow money, and levy and

collect special assessments for benefits conferred; and
(b) provide services, exercise powers, and perform functions that are reasonably related
to the safety, health, morals, and welfare of their inhabitants, except as limited or prohibited by
statute.
(2) (a) A county may:
(i) sue and be sued;
(ii) acquire real property by tax sale, purchase, lease, contract, or gift, [or condemnation,]
and hold the real property as necessary and proper for county purposes;
(iii) (A) subject to Subsection (2)(b), acquire real property by condemnation, as provided
in Title 78, Chapter 34, Eminent Domain; and
(B) hold the real property as necessary and proper for county purposes;
[(iii)] (iv) as may be necessary to the exercise of its powers, acquire personal property by
purchase, lease, contract, or gift, and hold such personal property; and
[(iv)] (v) manage and dispose of its property as the interests of its inhabitants may
require.
(b) (i) For purposes of Subsection (2)(a)(iii), water rights that are not appurtenant to land
do not constitute real property that may be acquired by the county through condemnation.
[(b)] (ii) Nothing in Subsection (2)(a)[(ii)](iii) may be construed to authorize a county to
acquire by condemnation the rights to water [used in agricultural production] unless the land to
which those water rights are appurtenant is acquired by condemnation.

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