17C-2-601 - Use of eminent domain in an urban renewal project area -- Conditions -- Acquiring single family owner occupied residential property or commercial property -- Acquiring property already dev
17C-2-601. Use of eminent domain in an urban renewal project area -- Conditions-- Acquiring single family owner occupied residential property or commercial property --Acquiring property already devoted to a public use -- Relocation assistance requirement.
(1) Subject to Section 17C-2-602, an agency may use eminent domain to acquireproperty:
(a) within an urban renewal project area if:
(i) the agency board makes a finding of blight under Part 3, Blight Determination inUrban Renewal Project Areas;
(ii) the urban renewal project area plan provides for the use of eminent domain; and
(iii) the agency commences the acquisition of the property within five years after theeffective date of the urban renewal project area plan; or
(b) within a project area established after December 31, 2001 but before April 30, 2007if:
(i) the agency board made a finding of blight with respect to the project area as providedunder the law in effect at the time of the finding;
(ii) the project area plan provides for the use of eminent domain; and
(iii) the agency commences the acquisition of the property before January 1, 2010.
(2) (a) As used in this Subsection (2):
(i) "Owner occupied property" means private real property:
(A) whose use is single-family residential or commercial; and
(B) that is occupied by the owner of the property.
(ii) "Relevant area" means:
(A) except as provided in Subsection (2)(a)(ii)(B), the project area; or
(B) the area included within a phase of a project under a project area plan if the phaseand the area included within the phase are described in the project area plan.
(b) For purposes of each provision of this Subsection (2) relating to the submission of apetition by the owners of property, a parcel of real property is included in the calculation of theapplicable percentage if the petition is signed by:
(i) except as provided in Subsection (2)(b)(ii), owners representing a majority ownershipinterest in that parcel; or
(ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the numberof owners of that parcel.
(c) An agency may not acquire by eminent domain single-family residential owneroccupied property unless:
(i) the owner consents; or
(ii) (A) a written petition requesting the agency to use eminent domain to acquire theproperty is submitted by the owners of at least 80% of the owner occupied property within therelevant area representing at least 70% of the value of owner occupied property within therelevant area; and
(B) 2/3 of all agency board members vote in favor of using eminent domain to acquirethe property.
(d) An agency may not acquire commercial property by eminent domain unless:
(i) the owner consents; or
(ii) (A) a written petition requesting the agency to use eminent domain to acquire theproperty is submitted by the owners of at least 75% of the commercial property within the
relevant area representing at least 60% of the value of commercial property within the relevantarea; and
(B) 2/3 of all agency board members vote in favor of using eminent domain to acquirethe property.
(3) An agency may not acquire any real property on which an existing building is to becontinued on its present site and in its present form and use unless:
(a) the owner consents; or
(b) (i) the building requires structural alteration, improvement, modernization, orrehabilitation;
(ii) the site or lot on which the building is situated requires modification in size, shape, oruse; or
(iii) (A) it is necessary to impose upon the property any of the standards, restrictions, andcontrols of the project area plan; and
(B) the owner fails or refuses to agree to participate in the project area plan.
(4) (a) Subject to Subsection (4)(b), an agency may acquire by eminent domain propertythat is already devoted to a public use and located in:
(i) an urban renewal project area; or
(ii) a project area described in Subsection (1)(b).
(b) An agency may not acquire property of a public entity under Subsection (4)(a)without the public entity's consent.
(5) Each agency that acquires property by eminent domain shall comply with Title 57,Chapter 12, Utah Relocation Assistance Act.
Enacted by Chapter 379, 2007 General Session