H.B. 111-S2: Eminent Domain Amendments



13-43-203                              78B-6-505


Effective Date:  May 14, 2013

            This bill alters the language § 78B-6-501, the list of uses for which eminent domain may be exercised.  Specifically, the amendment moves the term “development” from subsections 7 and 9, and places them in subsections 3(b) and 3(e).  The remaining language of subsections 7 and 9 is unchanged.  Those subsections purportedly would authorize a private property owner to use eminent domain to compel transfer of a byroad to a residence or farm; or sewer service to a city or settlement, a public building, or college.  The additions to subsection 3 are effectively same as the previous language removed from subsections 7 and 9.

            The bill also requires the Office of the Property Rights Ombudsman to provide current information about acquisition of property for a public purpose and a property owner’s right to just compensation.  This information is to be made “easily accessible” in printed form and on the Ombudsman’s website.

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