11-13-314 - Eminent domain authority of certain commercial project entities. - Utah Statutes

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Statutes > Utah > Title-11 > Chapter-13 > 11-13-314

11-13-314. Eminent domain authority of certain commercial project entities.
(1) (a) Subject to Subsection (2), a commercial project entity that existed as a projectentity before January 1, 1980 may, with respect to a project or facilities providing additionalproject capacity in which the commercial project entity has an interest, acquire property withinthe state through eminent domain, subject to restrictions imposed by Title 78B, Chapter 6, Part 5,Eminent Domain, and general law for the protection of other communities.
(b) Subsection (1)(a) may not be construed to:
(i) give a project entity the authority to acquire water rights by eminent domain; or
(ii) diminish any other authority a project entity may claim to have under the law toacquire property by eminent domain.
(2) Each project entity that intends to acquire property by eminent domain underSubsection (1)(a) shall, upon the first contact with the owner of the property sought to beacquired, deliver to the owner a copy of a booklet or other materials provided by the propertyrights ombudsman, created under Section 13-43-201, dealing with the property owner's rights inan eminent domain proceeding.

Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-11 > Chapter-13 > 11-13-314

11-13-314. Eminent domain authority of certain commercial project entities.
(1) (a) Subject to Subsection (2), a commercial project entity that existed as a projectentity before January 1, 1980 may, with respect to a project or facilities providing additionalproject capacity in which the commercial project entity has an interest, acquire property withinthe state through eminent domain, subject to restrictions imposed by Title 78B, Chapter 6, Part 5,Eminent Domain, and general law for the protection of other communities.
(b) Subsection (1)(a) may not be construed to:
(i) give a project entity the authority to acquire water rights by eminent domain; or
(ii) diminish any other authority a project entity may claim to have under the law toacquire property by eminent domain.
(2) Each project entity that intends to acquire property by eminent domain underSubsection (1)(a) shall, upon the first contact with the owner of the property sought to beacquired, deliver to the owner a copy of a booklet or other materials provided by the propertyrights ombudsman, created under Section 13-43-201, dealing with the property owner's rights inan eminent domain proceeding.

Amended by Chapter 3, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-11 > Chapter-13 > 11-13-314

11-13-314. Eminent domain authority of certain commercial project entities.
(1) (a) Subject to Subsection (2), a commercial project entity that existed as a projectentity before January 1, 1980 may, with respect to a project or facilities providing additionalproject capacity in which the commercial project entity has an interest, acquire property withinthe state through eminent domain, subject to restrictions imposed by Title 78B, Chapter 6, Part 5,Eminent Domain, and general law for the protection of other communities.
(b) Subsection (1)(a) may not be construed to:
(i) give a project entity the authority to acquire water rights by eminent domain; or
(ii) diminish any other authority a project entity may claim to have under the law toacquire property by eminent domain.
(2) Each project entity that intends to acquire property by eminent domain underSubsection (1)(a) shall, upon the first contact with the owner of the property sought to beacquired, deliver to the owner a copy of a booklet or other materials provided by the propertyrights ombudsman, created under Section 13-43-201, dealing with the property owner's rights inan eminent domain proceeding.

Amended by Chapter 3, 2008 General Session