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Utah Code § 78B-6-503

Private property which may be taken

Amended by Chapter 350, 2024 General Session

Except as provided in Subsection 78B-6-501(3), (4), or (5), private property that may be taken under this part includes:

(1) all real property belonging to any person;

(2) lands belonging to the state, or to any county, city or incorporated town, not appropriated to some public use;

(3) property appropriated to public use, except that the property may not be taken unless for a more necessary public use than that to which the property has already been appropriated;

(4) franchises for toll roads, toll bridges, ferries, and all other franchises, except that the franchises may not be taken unless for free highways, railroads, or other more necessary public use;

(5) all rights of way for any and all purposes mentioned in Section 78B-6-501, and any and all structures and improvements on the property, and the lands held or used in connection with the property, except that:

(a) the property is subject to be connected with, crossed, or intersected by any other right of way or improvement or structure;

(b) the property is subject to a limited use in common with the owners, when necessary; and

(c) uses of crossings, intersections, and connections shall be made in the manner most compatible with the greatest public benefit and the least private injury; and

(6) all classes of private property not enumerated if the taking is authorized by law.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.