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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-13-314, 2005

Eminent domain authority of certain commercial project entities. Subject to Subsections (2) and (3) , a commercial project entity that existed as a project entity before January 1, 1980, may, with respect to a project or…

Source excerpt

commercial project entitieseminent domainproject entityproperty acquisitionwater rights
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2005
Dates
Enacted 2005
More statute details
Dates
Enacted 2005
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01

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“Eminent domain authority of certain commercial project entities. Subject to Subsections (2) and (3) , a commercial project entity that existed as a project entity before January 1, 1980, may, with respect to a project or facilities”

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Subsection 11-13-314(1)(a)

A qualifying commercial project entity may acquire property in the state through eminent domain for certain projects or facilities, subject to stated restrictions and law.

Section 11-13-314(1)(a)

Subsection 11-13-314(1)(b)(ii)

diminish any other authority a project entity may claim to have under the law to acquire property by eminent domain.

Section 11-13-314(1)(b)(ii)

Subsection 11-13-314(3)

A commercial project entity that has not taken a final vote to approve filing an eminent domain action before November 10, 2021, may not exercise the authority described in Subsection (1).

Section 11-13-314(3)

04

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In force source record

Source record from le.utah.gov · Enacted 2005

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Showing 8 of 8 provisions

Provision 8

Part 11-13-3

part 11-13-3 Project Entity Provisions

§ 11-13-314Eminent domain authority of certain commercial project entities.Provision

Source excerpt

Eminent domain authority of certain commercial project entities. Subject to Subsections (2) and (3) , a commercial project entity that existed as a project entity before January 1, 1980, may, with respect to a project or facilities

Eminent domain authority of certain commercial project entities. Subject to Subsections (2) and (3) , a commercial project entity that existed as a project entity before January 1, 1980, may, with respect to a project or facilities providing additional project capacity in which the commercial project entity has an interest, acquire property within the state through eminent domain, subject to restrictions imposed by Title 78B, Chapter 6, Part 5, Eminent Domain , and general law for the protection of other communities. Subsection (1)(a) may not be construed to: give a project entity the authority to acquire water rights by eminent domain; or diminish any other authority a project entity may claim to have under the law to acquire property by eminent domain. Each project entity that intends to acquire property by eminent domain under Subsection (1)(a) shall comply with the requirements of Section 78B-6-505 . A commercial project entity that has not taken a final vote to approve the filing of an eminent domain action as described in Subsection 78B-6-504(2)(c) prior to November 10, 2021, may not exercise the authority described in Subsection (1) .
Section 11-13-314Verify source
§ 11-13-314(1)Subsection 11-13-314(1)Provision

Source excerpt

A qualifying commercial project entity may acquire property in the state through eminent domain for certain project capacity purposes, subject to listed restrictions.

Subject to Subsections (2) and (3) , a commercial project entity that existed as a project entity before January 1, 1980, may, with respect to a project or facilities providing additional project capacity in which the commercial project entity has an interest, acquire property within the state through eminent domain, subject to restrictions imposed by Title 78B, Chapter 6, Part 5, Eminent Domain , and general law for the protection of other communities. Subsection (1)(a) may not be construed to: give a project entity the authority to acquire water rights by eminent domain; or diminish any other authority a project entity may claim to have under the law to acquire property by eminent domain.
Section 11-13-314(1)Verify source
§ 11-13-314(1)(a)Subsection 11-13-314(1)(a)Provision

Source excerpt

A qualifying commercial project entity may acquire property in the state through eminent domain for certain projects or facilities, subject to stated restrictions and law.

Subject to Subsections (2) and (3) , a commercial project entity that existed as a project entity before January 1, 1980, may, with respect to a project or facilities providing additional project capacity in which the commercial project entity has an interest, acquire property within the state through eminent domain, subject to restrictions imposed by Title 78B, Chapter 6, Part 5, Eminent Domain , and general law for the protection of other communities.
Section 11-13-314(1)(a)Verify source
§ 11-13-314(1)(b)Subsection 11-13-314(1)(b)Provision

Source excerpt

Subsection (1)(a) may not be construed to: give a project entity the authority to acquire water rights by eminent domain; or diminish any other authority a project entity may claim to have under the law to acquire property by eminent

Subsection (1)(a) may not be construed to: give a project entity the authority to acquire water rights by eminent domain; or diminish any other authority a project entity may claim to have under the law to acquire property by eminent domain.
Section 11-13-314(1)(b)Verify source
§ 11-13-314(1)(b)(i)Subsection 11-13-314(1)(b)(i)Provision

Source excerpt

A project entity is given authority to acquire water rights by eminent domain.

give a project entity the authority to acquire water rights by eminent domain; or
Section 11-13-314(1)(b)(i)Verify source
§ 11-13-314(1)(b)(ii)Subsection 11-13-314(1)(b)(ii)Provision

Source excerpt

diminish any other authority a project entity may claim to have under the law to acquire property by eminent domain.

diminish any other authority a project entity may claim to have under the law to acquire property by eminent domain.
Section 11-13-314(1)(b)(ii)Verify source
§ 11-13-314(2)Subsection 11-13-314(2)Provision

Source excerpt

Each project entity that intends to acquire property by eminent domain under Subsection (1)(a) shall comply with the requirements of Section 78B-6-505 .

Each project entity that intends to acquire property by eminent domain under Subsection (1)(a) shall comply with the requirements of Section 78B-6-505 .
Section 11-13-314(2)Verify source
§ 11-13-314(3)Subsection 11-13-314(3)Provision

Source excerpt

A commercial project entity that has not taken a final vote to approve filing an eminent domain action before November 10, 2021, may not exercise the authority described in Subsection (1).

A commercial project entity that has not taken a final vote to approve the filing of an eminent domain action as described in Subsection 78B-6-504(2)(c) prior to November 10, 2021, may not exercise the authority described in Subsection (1) .
Section 11-13-314(3)Verify source

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