H.B. 429

1

PROPERTY RIGHTS MODIFICATIONS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gage Froerer
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill creates guidelines for an exception to eminent domain actions regarding trails,
10 paths, and walkways in a municipality.
11 Highlighted Provisions:
12 This bill:
13 . creates an exception to the prohibition on eminent domain for trails, paths, and
14 other recreational uses;
15 . provides specific guidelines for the exception; and
16 . sets parameters for the municipality to make decisions and work with the property
17 owner.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 78B-6-501.5, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78B-6-501.5 is enacted to read:

28 78B-6-501.5. Exception for trails, paths, and other ways for walking, bicycling,
29 and equestrian use.
30 Notwithstanding Subsections 78B-6-50l (3)(e) and (11)(b), a municipality may acquire
31 private property by eminent domain for walking, hiking, bicycling, and equestrian use if:
32 (1) the municipality has determined on the record that a trail, path, or right of way
33 segment:
34 (a) is essential to connect or complete a discrete portion of a master planned urban trail
35 system, the acquisition of which is at least 70% complete; and
36 (b) requires no more than one-half mile in trail length from an individual property
37 owner under this provision;
38 (2) the property is within:
39 (a) the incorporated boundary of the municipality;
40 (b) the annexation boundaries identified in the current annexation policy plan that the
41 municipality has adopted pursuant to Section 10-2-401.5 ; or
42 (c) an area the municipality has provided one or more municipal-type services for at
43 least one year; and
44 (3) the municipality has explored with the property owner:
45 (a) alternate trail segment alignments to achieve:
46 (i) the least disruptive trail segment alignment for the property owner; and
47 (ii) the municipality's reasonable objectives for the public investment in the trail
48 system; and
49 (b) screening or fencing to protect the property owner's reasonable expectation of
50 privacy and security:
51 (i) on the property owner's property; and
52 (ii) at the municipality's expense.




Legislative Review Note
as of 2-15-12 6:16 AM

Office of Legislative Research and General Counsel