State Codes and Statutes
Statutes > Utah > Title-19 > Chapter-06 > 19-6-20619-6-206. Exclusive remedy for devaluation of property caused by approvedfacility.
(1) Before construction of a hazardous waste management facility, but in no case laterthan nine months after approval of a plan for a hazardous waste treatment, storage, or disposalfacility, any owner or user of property adversely affected by approval may bring an action in adistrict court of competent jurisdiction against the owner of the proposed facility. If the courtdetermines that the planned construction and operation of the hazardous waste managementfacility will result in the devaluation of the plaintiff's property or will otherwise interfere with theplaintiff's rights in the property, it shall order the owner to compensate the plaintiff in an amountequal to the value of the plaintiff's loss.
(2) The remedy provided in Subsection (1) is the exclusive remedy for owners or usersaggrieved by the proposed construction and operation of a hazardous waste treatment, disposal,or storage facility, and no court has jurisdiction to enjoin the construction or operation of anyfacility located at a site included in the siting plan adopted by the board.
(3) Nothing in this part prevents an owner or user of property aggrieved by theconstruction and operation of a facility from seeking damages that result from a subsequentmodification of the design or operation of a facility but damages are limited to the incrementaldamage that results from the modification. Any action for damages from a modification shall bebrought within nine months after the plans for modification of the design or operation of thefacility are approved.
(4) For the purpose of assessing damages, the value of the rights affected is fixed at thedate the facility plan is approved and the actual value of the right at that date is the basis for thedetermination of the amount of damage suffered, and no improvements to the property subsequentto the date of approval of the plans shall be included in the assessment of damages. Similarly, forany subsequent modification of a facility, value is fixed at the date of approval of the amendedfacility plan.
(5) The owner or operator of a proposed facility may, at any time before an award ofdamages, abandon the construction or operation of the facility or any modification and cause theaction to be dismissed. As a condition of dismissal, however, the owner or operator shallcompensate the plaintiff for any actual damage sustained as a result of construction or operationof the facility before abandonment together with court costs and a reasonable attorney's fee.
(6) Nothing in this part prevents a court from enjoining any activity at a hazardous wastefacility that is outside of, or not in compliance with, the terms and conditions of an approvedhazardous waste operations plan.
Renumbered and Amended by Chapter 112, 1991 General Session
