State Codes and Statutes
Statutes > Utah > Title-57 > Chapter-12 > 57-12-1357-12-13. Procedure for acquisition of property.
Any agency acquiring real property as to which it has the power to acquire under theeminent domain or condemnation laws of this state shall comply with the following policies:
(1) Every reasonable effort shall be made to acquire expeditiously real property bynegotiation.
(2) Real property shall be appraised before the initiation of negotiations, and the owner orhis designated representative shall be given an opportunity to accompany the appraiser during hisinspection of the property.
(3) Before the initiation of negotiations for real property, an amount shall be establishedwhich is reasonably believed to be just compensation therefor, and such amount shall be offeredfor the property. In no event shall such amount be less than the lowest approved appraisal of thefair market value of the property. Any decrease or increase of the fair market value of realproperty prior to the date of valuation caused by the public improvement for which such propertyis acquired or by the likelihood that the property would be acquired for such improvement, otherthan that due to physical deterioration within the reasonable control of the owner, will bedisregarded in determining the compensation for the property. The owner of the real property tobe acquired shall be provided with a written statement of, and summary of the basis for, theamount established as just compensation. Where appropriate the just compensation for realproperty acquired and for damages to remaining real property shall be separately stated.
(4) No owner shall be required to surrender possession of real property acquired throughfederal or federally assisted programs before the agreed purchase price is paid or there isdeposited with a court having jurisdiction of condemnation of such property, in accordance withapplicable law, for the benefit of the owner an amount not less than the lowest approved appraisalof the fair market value of such property or the amount of the award of compensation in thecondemnation proceeding of such property.
(5) The construction or development of a public improvement shall be so scheduled that,to the greatest extent practicable, no person lawfully occupying real property shall be required tomove from a dwelling (assuming a replacement dwelling will be available) or to move hisbusiness or farm operation without at least 90 days' written notice from the date by which suchmove is required.
(6) If an owner or tenant is permitted to occupy the real property acquired on a rentalbasis for a short term or for a period subject to termination on short notice, the amount of rentrequired shall not exceed the fair rental value of the property to a short-term occupier.
(7) In no event shall the time of condemnation be advanced, on negotiations orcondemnation and the deposit of funds in court for the use of the owner be deferred, or any othercoercive action be taken to compel an agreement on the price to be paid for the property.
(8) If an interest in real property is to be acquired by exercise of the power of eminentdomain, formal condemnation proceedings shall be instituted. The acquiring agency shall notintentionally make it necessary for an owner to institute legal proceedings to prove the fact of thetaking of his real property.
(9) If the acquisition of only part of the property would leave its owner with anuneconomic remnant, an offer to acquire the entire property shall be made.
Enacted by Chapter 24, 1972 General Session
