10-7-4 - Water supply -- Acquisition -- Condemnation -- Protest -- Special election -- Determination of just compensation.
10-7-4. Water supply -- Acquisition -- Condemnation -- Protest -- Special election --Determination of just compensation.
(1) The board of commissioners, city council or board of trustees of any city or town mayacquire, purchase or lease all or any part of any water, waterworks system, water supply orproperty connected therewith, and whenever the governing body of a city or town shall deem itnecessary for the public good such city or town may bring condemnation proceedings to acquirethe same; provided, that if within 30 days after the passage and publication of a resolution orordinance for the purchase or lease or condemnation herein provided for one-third of the residenttaxpayers of the city or town, as shown by the assessment roll, shall protest against the purchase,lease or condemnation proceedings contemplated, such proposed purchase, lease orcondemnation shall be referred to a special election, and if confirmed by a majority vote thereat,shall take effect; otherwise it shall be void.
(2) In all condemnation proceedings the value of land affected by the taking shall beconsidered in connection with the water or water rights taken for the purpose of supplying thecity or town or the inhabitants thereof with water.
(3) In determining just compensation in a condemnation proceeding under this section ina municipality located in a county of the first class where a determination of market value ofwhat is proposed to be taken is impractical because there is no meaningful market for what isproposed to be taken, the value shall be:
(a) presumed to be the amount the owner paid to acquire ownership of what is proposedto be taken, as adjusted by a change in value due to post-acquisition deterioration and any otherfactor reasonably and equitably bearing on the value of what is proposed to be taken; and
(b) determined by applying equitable considerations including:
(i) whether the owner will be unjustly enriched;
(ii) whether the owner acquired the property by exaction or similar method; and
(iii) the extent to which the consideration the owner provided in acquiring the propertyconsists of an obligation to maintain the property and whether that obligation will be assumed bythe municipality because of the condemnation.
(4) This section may not be construed to provide the basis for a municipality'scondemnation of a political subdivision of the state or of the political subdivision's property orholdings.
Amended by Chapter 378, 2010 General Session