78B-6-511 - Compensation and damages -- How assessed. - Utah Statutes

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78B-6-511. Compensation and damages -- How assessed.
The court, jury, or referee shall hear any legal evidence offered by any of the parties to theproceedings, and determine and assess:
(1) (a) the value of the property sought to be condemned and all improvements pertainingto the realty;
(b) the value of each and every separate estate or interest in the property; and
(c) if it consists of different parcels, the value of each parcel and of each estate or interestin each shall be separately assessed;
(2) if the property sought to be condemned constitutes only a part of a larger parcel, thedamages which will accrue to the portion not sought to be condemned by reason of its severancefrom the portion sought to be condemned and the construction of the improvement in the mannerproposed by the plaintiff;
(3) if the property, though no part of it is taken, will be damaged by the construction ofthe proposed improvement, and the amount of the damages;
(4) separately, how much the portion not sought to be condemned, and each estate orinterest in it, will be benefitted, if at all, by the construction of the improvement proposed by theplaintiff. If the benefit is equal to the damages assessed under Subsection (2), the owner of theparcel shall be allowed no compensation except the value of the portion taken; but if the benefitis less than the damages assessed, the former shall be deducted from the latter, and the remaindershall be the only damages allowed in addition to the value of the portion taken;
(5) if the property sought to be condemned consists of water rights or part of a waterdelivery system or both, and the taking will cause present or future damage to or impairment ofthe water delivery system not being taken, including impairment of the system's carryingcapacity, an amount to compensate for the damage or impairment;
(6) if land on which crops are growing at the time of service of summons is sought to becondemned, the value that those crops would have had after being harvested, taking into accountthe expenses that would have been incurred cultivating and harvesting the crops; and
(7) as far as practicable compensation shall be assessed for each source of damagesseparately.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-06 > 78b-6-511

78B-6-511. Compensation and damages -- How assessed.
The court, jury, or referee shall hear any legal evidence offered by any of the parties to theproceedings, and determine and assess:
(1) (a) the value of the property sought to be condemned and all improvements pertainingto the realty;
(b) the value of each and every separate estate or interest in the property; and
(c) if it consists of different parcels, the value of each parcel and of each estate or interestin each shall be separately assessed;
(2) if the property sought to be condemned constitutes only a part of a larger parcel, thedamages which will accrue to the portion not sought to be condemned by reason of its severancefrom the portion sought to be condemned and the construction of the improvement in the mannerproposed by the plaintiff;
(3) if the property, though no part of it is taken, will be damaged by the construction ofthe proposed improvement, and the amount of the damages;
(4) separately, how much the portion not sought to be condemned, and each estate orinterest in it, will be benefitted, if at all, by the construction of the improvement proposed by theplaintiff. If the benefit is equal to the damages assessed under Subsection (2), the owner of theparcel shall be allowed no compensation except the value of the portion taken; but if the benefitis less than the damages assessed, the former shall be deducted from the latter, and the remaindershall be the only damages allowed in addition to the value of the portion taken;
(5) if the property sought to be condemned consists of water rights or part of a waterdelivery system or both, and the taking will cause present or future damage to or impairment ofthe water delivery system not being taken, including impairment of the system's carryingcapacity, an amount to compensate for the damage or impairment;
(6) if land on which crops are growing at the time of service of summons is sought to becondemned, the value that those crops would have had after being harvested, taking into accountthe expenses that would have been incurred cultivating and harvesting the crops; and
(7) as far as practicable compensation shall be assessed for each source of damagesseparately.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-06 > 78b-6-511

78B-6-511. Compensation and damages -- How assessed.
The court, jury, or referee shall hear any legal evidence offered by any of the parties to theproceedings, and determine and assess:
(1) (a) the value of the property sought to be condemned and all improvements pertainingto the realty;
(b) the value of each and every separate estate or interest in the property; and
(c) if it consists of different parcels, the value of each parcel and of each estate or interestin each shall be separately assessed;
(2) if the property sought to be condemned constitutes only a part of a larger parcel, thedamages which will accrue to the portion not sought to be condemned by reason of its severancefrom the portion sought to be condemned and the construction of the improvement in the mannerproposed by the plaintiff;
(3) if the property, though no part of it is taken, will be damaged by the construction ofthe proposed improvement, and the amount of the damages;
(4) separately, how much the portion not sought to be condemned, and each estate orinterest in it, will be benefitted, if at all, by the construction of the improvement proposed by theplaintiff. If the benefit is equal to the damages assessed under Subsection (2), the owner of theparcel shall be allowed no compensation except the value of the portion taken; but if the benefitis less than the damages assessed, the former shall be deducted from the latter, and the remaindershall be the only damages allowed in addition to the value of the portion taken;
(5) if the property sought to be condemned consists of water rights or part of a waterdelivery system or both, and the taking will cause present or future damage to or impairment ofthe water delivery system not being taken, including impairment of the system's carryingcapacity, an amount to compensate for the damage or impairment;
(6) if land on which crops are growing at the time of service of summons is sought to becondemned, the value that those crops would have had after being harvested, taking into accountthe expenses that would have been incurred cultivating and harvesting the crops; and
(7) as far as practicable compensation shall be assessed for each source of damagesseparately.

Renumbered and Amended by Chapter 3, 2008 General Session