S.B. 83 Enrolled

1

CONDEMNATION AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Dennis E. Stowell
5 House Sponsor: Craig A. Frank
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to eminent domain.
10 Highlighted Provisions:
11 This bill:
12 . requires a condemnor acquiring property under threat of condemnation to provide a
13 written statement identifying the public use for which the property is acquired;
14 . requires a condemnor to offer to sell the acquired property to the condemnee at the
15 acquisition price before the property is put to a use other than the public use for
16 which it was acquired, with exceptions;
17 . authorizes a condemnee to accept the offer and purchase the property at the
18 acquisition price if the offer is accepted within a specified time;
19 . requires the condemnee to conclude the purchase of acquired property within a
20 reasonable time after accepting the offer;
21 . provides that a condemnor has no further obligation to a condemnee with respect to
22 the property if the condemnee fails to accept the offer in the time specified;
23 . provides that a condemnor's obligation to offer acquired property to the condemnee
24 terminates once the acquired property is put to the use for which it is acquired;
25 . provides that the sale or transfer of acquired property none of which has been put to
26 the use for which it was acquired is considered a use other than the public use for
27 which it was acquired;
28 . provides that a condemnee may waive the condemnee's right to purchase acquired
29 property; and

30 . clarifies this provision's impact on existing law.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 ENACTS:
37 78B-6-520.3, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 78B-6-520.3 is enacted to read:
41 78B-6-520.3. Property sold under threat of eminent domain -- Right to
42 repurchase property if property not used for purpose for which acquired.
43 (1) As used in this section:
44 (a) "Acquired property" means property that a condemnor purchases after May 11,
45 2009 from a condemnee under threat of condemnation.
46 (b) "Acquisition price" means the price which a condemnor pays a condemnee for
47 property that the condemnor acquires under threat of condemnation.
48 (c) "Condemnee" means an owner of property who sells the property to a condemnor
49 under threat of condemnation.
50 (d) "Condemnor" means a person who acquires property by purchase from a
51 condemnee under threat of condemnation.
52 (e) "Under threat of condemnation" means the circumstances under which a
53 condemnor, with the right to acquire the property by eminent domain, acquires property from
54 a condemnee in a transaction that occurs:
55 (i) without a judgment having been entered in an eminent domain action; and
56 (ii) after the condemnor has sent the condemnee a written notice indicating an intent
57 to pursue an eminent domain action to a judgment compelling the transaction.

58 (2) At the time of or within a reasonable time after an acquisition of property under
59 threat of condemnation, a condemnor shall provide the condemnee a written statement
60 identifying the public use for which the property is being acquired.
61 (3) Subject to Subsection (6), before the acquired property may be put to a use other
62 than the public use for which the property was acquired, the condemnor shall send a written
63 offer by certified mail to the condemnee at the condemnee's last known address, offering to
64 sell the acquired property to the condemnee at the acquisition price.
65 (4) (a) A condemnee may accept an offer under Subsection (3) if the offer is accepted
66 within 90 days after the offer is sent to the condemnee.
67 (b) A condemnee's purchase of acquired property under this section shall be concluded
68 within a reasonable time after the condemnee accepts the condemnor's offer to sell the
69 acquired property.
70 (5) If the condemnee does not accept an offer under Subsection (3) within the time
71 specified in Subsection (4), the condemnor has no further obligation under this section to the
72 condemnee with respect to the acquired property.
73 (6) If a condemnor puts acquired property to the public use for which the property was
74 acquired, the condemnor's obligation under Subsection (3) to offer to sell the acquired
75 property to the condemnee terminates, even if the acquired property is subsequently put to a
76 use other than the public use for which the property was acquired.
77 (7) A sale or transfer of acquired property none of which has been put to the public
78 use for which the property was acquired is:
79 (a) considered to be a use other than the public use for which the property was
80 acquired; and
81 (b) governed by this section and not Section 78B-6-521 .
82 (8) Nothing in this section may be construed to affect any right or obligation under
83 Section 78B-6-521 .
84 (9) A condemnee may waive the condemnee's right to purchase acquired property as
85 provided in this section by executing a written waiver.

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