House of Representatives
State of Utah
February 27, 2014
Madam Speaker:
The Revenue and Taxation Committee reports a favorable recommendation on H.B. 364,
EMINENT DOMAIN AND PUBLIC RECREATION, by Representative M. Roberts, with the following
amendments:
bicycling, or
Ryan D. Wilcox
Voting: 13-0-3
1. Page
1, Line 24 through Page 3, Line 85
:
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behalf of the following public uses:
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(1)
}
(a)
all public uses authorized by the federal government;
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(2)
}
(b)
public buildings and grounds for the use of the state, and all other
public uses
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authorized by the Legislature;
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(3) (a)
}
(c)(i)
public buildings and grounds for the use of any county, city,
town, or board of
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education;
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(b)
}
(ii)
reservoirs, canals, aqueducts, flumes, ditches, or pipes for
conducting water or
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sewage, including to or from a development, for the use of the inhabitants of any county,
city,
33
or town, or for the draining of any county, city, or town;
34
(c)
}
(iii)
the raising of the banks of streams, removing obstructions from
streams, and
35
36
(d)
}
(iv)
bicycle paths and sidewalks adjacent to paved roads;
37
(e)
}
(v)
roads, byroads, streets, and alleys for public vehicular use,
including for access to a
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development, excluding trails, paths, or other ways for walking, hiking, bicycling,
equestrian
39
use, or other recreational uses, or whose primary purpose is as a foot path, equestrian
trail,
40
bicycle path, or walkway; and
41
(f)
}
(vi)
all other public uses for the benefit of any county, city, or town,
or its inhabitants;
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(4)
}
(d)
wharves, docks, piers, chutes, booms, ferries, bridges, toll roads,
byroads, plank
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and turnpike roads, roads for transportation by traction engines or road locomotives, roads
for
44
logging or lumbering purposes, and railroads and street railways for public transportation;
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(5)
}
(e)
reservoirs, dams, watergates, canals, ditches, flumes, tunnels,
aqueducts and pipes
46
for the supplying of persons, mines, mills, smelters or other works for the reduction of
ores,
47
with water for domestic or other uses, or for irrigation purposes, or for the draining and
48
reclaiming of lands, or for the floating of logs and lumber on streams not navigable, or for
solar
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evaporation ponds and other facilities for the recovery of minerals in solution;
50
(6) (a)
}
(f)(i)
roads, railroads, tramways, tunnels, ditches, flumes, pipes,
and dumping places
51
to access or facilitate the milling, smelting, or other reduction of ores, or the working of
mines,
52
quarries, coal mines, or mineral deposits including oil, gas, and minerals in solution;
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(b)
}
(ii)
outlets, natural or otherwise, for the deposit or conduct of
tailings, refuse or water
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from mills, smelters or other works for the reduction of ores, or from mines, quarries, coal
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mines or mineral deposits including minerals in solution;
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(c)
}
(iii)
mill dams;
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(d)
}
(iv)
gas, oil or coal pipelines, tanks or reservoirs, including any
subsurface stratum or
58
formation in any land for the underground storage of natural gas, and in connection with
that,
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any other interests in property which may be required to adequately examine, prepare,
60
maintain, and operate underground natural gas storage facilities;
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(e)
}
(v)
solar evaporation ponds and other facilities for the recovery of
minerals in solution;
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and
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(f)
}
(vi)
any occupancy in common by the owners or possessors of
different mines, quarries,
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coal mines, mineral deposits, mills, smelters, or other places for the reduction of ores, or
any
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place for the flow, deposit or conduct of tailings or refuse matter;
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(7)
}
(g)
byroads leading from a highway to:
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(a)
}
(i)
a residence; or
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(b)
}
(ii)
a farm;
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(8)
}
(h)
telegraph, telephone, electric light and electric power lines, and
sites for electric
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light and power plants;
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(9)
}
(i)
sewage service for:
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(a)
}
(i)
a city, a town, or any settlement of not fewer than 10 families;
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(b)
}
(ii)
a public building belonging to the state; or
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(c)
}
(iii)
a college or university;
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(10)
}
(j)
canals, reservoirs, dams, ditches, flumes, aqueducts, and pipes
for supplying and
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storing water for the operation of machinery for the purpose of generating and
transmitting
77
electricity for power, light or heat;
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(11)
}
(k)
cemeteries and public parks, except for a park whose primary
use is:
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(a)
}
(i)
as a trail, path, or other way for walking, hiking, bicycling, or
equestrian use; [or]
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(b)
}
(ii)
to connect other trails, paths, or other ways for walking, hiking,
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equestrian use; or
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(c)
}
(iii) except as provided in Subsection (2),
as a golf course;
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(12)
}
(l)
pipelines for the purpose of conducting any and all liquids
connected with the
84
manufacture of beet sugar; and
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(13)
}
(m)
sites for mills, smelters or other works for the reduction of ores
and necessary to
2. Page
4, Line 97
:
97
reduction of ores.
(a)(i) to exchange for other real property that is devoted to or held for public
use; and
(ii) for a state transportation purpose; or
(b) to mitigate the impacts of a public transportation project.
Respectfully,
Committee Chair
3 HB0364.HC1.wpd 2/27/14 8:51 am lelder/LGE VA/JTW
Bill Number
*HB0364*
HB0364