H.J.R. 29

1

RESOLUTION RESTRICTING USE OF
2 EMINENT DOMAIN
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: John Dougall
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This joint resolution of the Legislature proposes to amend the Utah Constitution to
11 modify provisions relating to the taking or damaging of private property for public use.
12 Highlighted Provisions:
13 This resolution proposes to amend the Utah Constitution to:
14 . limit the public uses for which private property may be taken;
15 . require private property taken for a public use to be owned and occupied by the
16 taker;
17 . entitle the owner of taken property, or the owner's beneficiary or heir, to reacquire
18 the property if the public use ceases;
19 . clarify that the Legislature may impose additional limitations on the taking of
20 private property for public use; and
21 . makes a technical change.
22 Special Clauses:
23 This resolution directs the lieutenant governor to submit this proposal to voters.
24 This resolution provides a contingent effective date of January 1, 2007 for this proposal.
25 Utah Constitution Sections Affected:
26 AMENDS:
27 ARTICLE I, SECTION 22

28
29 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
30 of the two houses voting in favor thereof:
31 Section 1. It is proposed to amend Utah Constitution Article I, Section 22, to read:
32 Article I, Section 22. [Private property for public use.]
33 (1) Private property [shall] may not be taken or damaged for public use without just
34 compensation.
35 (2) The public uses for which private property may be taken or damaged are limited to
36 utility and transportation corridors, airports, public safety facilities, waste management and
37 sewage treatment facilities, water collection and distribution systems, and public education
38 facilities.
39 (3) Private property that is taken for public use shall be owned and occupied by the
40 taker.
41 (4) If the taken property ceases to be used for one of the public uses listed in
42 Subsection (2), the owner from whom the property was taken, or the owner's beneficiary or heir
43 if designated for this purpose, shall be entitled to reacquire the property for the lesser of:
44 (a) the fair market value of the property at the time the public use of the property
45 ceases; and
46 (b) the amount paid for the property when it was taken.
47 (5) Nothing in this section may be construed to prevent the Legislature from imposing
48 additional limitations on the taking of private property for public use.
49 Section 2. Submittal to voters.
50 The lieutenant governor is directed to submit this proposed amendment to the voters of
51 the state at the next regular general election in the manner provided by law.
52 Section 3. Effective date.
53 If the amendment proposed by this joint resolution is approved by a majority of those
54 voting on it at the next regular general election, the amendment shall take effect on January 1,
55 2007.

Legislative Review Note
as of 1-30-06 8:46 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel