H.B. 187

1

EMINENT DOMAIN AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Roger E. Barrus
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies a provision relating to eminent domain.
10 Highlighted Provisions:
11 This bill:
12 . modifies a provision requiring damages to be assessed on behalf of a property
13 owner, part of whose property is being acquired by eminent domain, to provide that
14 damages accruing to the remaining property due to construction of the improvement
15 are to be assessed whether or not the construction actually occurs on the portion
16 being taken; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 78-34-10, as last amended by Chapter 101, Laws of Utah 2004
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78-34-10 is amended to read:

28 78-34-10. Compensation and damages -- How assessed.
29 The court, jury, or referee [must] shall hear [such] the legal evidence [as may be]
30 offered by any of the parties to the proceedings, and [thereupon must], based on the evidence,
31 shall ascertain and assess:
32 (1) the value of the property sought to be condemned and all improvements thereon
33 appertaining to the realty, and of each and every separate estate or interest therein; and if it
34 consists of different parcels, the value of each parcel and of each estate or interest therein shall
35 be separately assessed;
36 (2) if the property sought to be condemned constitutes only a part of a larger parcel, the
37 damages [which] that will accrue to the portion not sought to be condemned [by reason]:
38 (a) because of its severance from the portion sought to be condemned; and
39 (b) because of the construction of the improvement in the manner proposed by the
40 plaintiff, whether or not the improvement is constructed on the portion sought to be
41 condemned;
42 (3) if the property, though no part thereof is taken, will be damaged by the construction
43 of the proposed improvement, the amount of such damages;
44 (4) separately, how much the portion not sought to be condemned, and each estate or
45 interest therein, will be benefited, if at all, by the construction of the improvement proposed by
46 the plaintiff. If the benefit shall be equal to the damages assessed under [Subdivision]
47 Subsection (2) [of this section], the owner of the parcel shall be allowed no compensation
48 except the value of the portion taken; but if the benefit shall be less than the damages so
49 assessed, the former shall be deducted from the latter, and the remainder shall be the only
50 damages allowed in addition to the value of the portion taken;
51 (5) if the property sought to be condemned consists of water rights or part of a water
52 delivery system or both, and the taking will cause present or future damage to or impairment of
53 the water delivery system not being taken, including impairment of the system's carrying
54 capacity, an amount to compensate for the damage or impairment;
55 (6) if land on which crops are growing at the time of service of summons is sought to
56 be condemned, the value that those crops would have had after being harvested, taking into
57 account the expenses that would have been incurred cultivating and harvesting the crops; and
58 (7) as far as practicable compensation must be assessed for each source of damages

59 separately.




Legislative Review Note
as of 1-23-07 12:21 PM

Office of Legislative Research and General Counsel