House of Representatives
State of Utah
February 26, 2013
The Judiciary Committee reports a favorable recommendation on 1st Sub. H.B. 111, EMINENT
DOMAIN AMENDMENTS, by Representative L. Perry, with the following amendments:
1. Page 6, Lines 168 through 176 :
(3) (a) If a request under this section involves an allegation of a taking by
169 occupation, a private property owner may request that the mediator or arbitrator authorize an
170 appraisal of the just compensation that would be due to the property owner if a taking has
172 (b) If the mediator or arbitrator determines that an appraisal is reasonably necessary to
173 reach a resolution, the mediator or arbitrator may:
174 (i) have an appraisal prepared by an independent appraiser; and
175 (ii) require the entity that is alleged to have physically taken the property to pay the
176 cost of the appraisal. }
2. Page 14, Line 427 through Page 15, Line 451 :
(4) (a) If an entity seeks to acquire property by eminent domain or
intends to use
428 eminent domain to acquire property if the entity cannot acquire the property in a
429 transaction, the entity shall prepare and provide to the property owner as early as practicable in
430 the negotiation process an appraisal or written calculation of the amount to be offered by the
431 entity for the property.
432 (b) The written calculation shall separately state the fair market value of the property to
433 be acquired and any damages to the remaining real property in accordance with Section
434 78B-6-511 .
435 (c) A person making the appraisal or written calculation shall:
436 (i) inspect the property in the process of providing the appraisal or calculation; and
437 (ii) notify the property owner or the owner's representative in advance that the property
438 owner or property owner's representative may accompany the person making the appraisal or
439 calculation during the inspection of the property.
440 (d) An entity may not offer an amount that is less than the fair market value of the
441 property to be acquired together with any damages to the remaining real property determined in
442 a manner consistent with the requirements of this part.
443 (5) (a) If the acquisition of a part of a property would leave its owner with an
444 uneconomic remnant, the entity shall:
445 (i) make an offer to acquire the entire property for the property's fair market value; or
446 (ii) offer compensation in an amount that equals or exceeds the fair market value of the
447 entire property.
448 (b) If an entity compensates a property owner for an uneconomic remnant, but does not
Kay L. McIff
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