(1) Before property can be taken it must appear that: (a) the use to which it is to be applied is a use authorized by law; (b) the taking is necessary for the use; (c) construction and use of all property sought to be condemned will commence within a reasonable time as determined by the court, after the initiation of proceedings under this part; and (d) if already appropriated to some public use, the public use to which it is to be applied is a more necessary public use.
(a) the use to which it is to be applied is a use authorized by law;
(b) the taking is necessary for the use;
(c) construction and use of all property sought to be condemned will commence within a reasonable time as determined by the court, after the initiation of proceedings under this part; and
(d) if already appropriated to some public use, the public use to which it is to be applied is a more necessary public use.
(2) (a) As used in this section, "governing body" means: (i) for a county, city, or town, the legislative body of the county, city, or town; and (ii) for any other political subdivision of the state, the person or body with authority to govern the affairs of the political subdivision. (b) Property may not be taken by a political subdivision of the state unless the governing body of the political subdivision approves the taking. (c) Before taking a final vote to approve the filing of an eminent domain action, the governing body of each political subdivision intending to take property shall provide written notice to each owner of property to be taken of each public meeting of the political subdivision's governing body at which a vote on the proposed taking is expected to occur and allow the property owner the opportunity to be heard on the proposed taking. (d) The requirement under Subsection (2)(c) to provide notice to a property owner is satisfied by the governing body mailing the written notice to the property owner: (i) at the owner's address as shown on the records of the county assessor's office; and (ii) at least 10 business days before the public meeting.
(a) As used in this section, "governing body" means: (i) for a county, city, or town, the legislative body of the county, city, or town; and (ii) for any other political subdivision of the state, the person or body with authority to govern the affairs of the political subdivision.
(i) for a county, city, or town, the legislative body of the county, city, or town; and
(ii) for any other political subdivision of the state, the person or body with authority to govern the affairs of the political subdivision.
(b) Property may not be taken by a political subdivision of the state unless the governing body of the political subdivision approves the taking.
(c) Before taking a final vote to approve the filing of an eminent domain action, the governing body of each political subdivision intending to take property shall provide written notice to each owner of property to be taken of each public meeting of the political subdivision's governing body at which a vote on the proposed taking is expected to occur and allow the property owner the opportunity to be heard on the proposed taking.
(d) The requirement under Subsection (2)(c) to provide notice to a property owner is satisfied by the governing body mailing the written notice to the property owner: (i) at the owner's address as shown on the records of the county assessor's office; and (ii) at least 10 business days before the public meeting.
(i) at the owner's address as shown on the records of the county assessor's office; and
(ii) at least 10 business days before the public meeting.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.