57-12-3 - Definitions.
57-12-3. Definitions.
As used in this chapter:
(1) "Agency" means:
(a) a department, division, agency, commission, board, council, committee, authority,political subdivision, or other instrumentality of the state or of a political subdivision of the statewhether one or more; and
(b) any other person whose use of the power of eminent domain results in a personbecoming a displaced person.
(2) "Business" means any lawful activity, excepting a farm operation, conductedprimarily:
(a) for the purchase, sale, lease, or rental of personal or real property, and for themanufacture, processing, or marketing of products, commodities, or any other personal property;
(b) for the sale of services to the public;
(c) by a nonprofit organization; or
(d) for assisting in the purchase, sale, resale, manufacture, processing, or marketing ofproducts, commodities, personal property, or services by the erection and maintenance of anoutdoor advertising display or displays, whether or not such display or displays are located on thepremises on which any of the above activities are conducted.
(3) "Displaced person" means any person who, after the effective date of this chapter,moves from real property, or who moves the person's personal property from real property, ormoves or discontinues the person's business or moves the person's dwelling as a result of theacquisition of the real property, in whole or in part, or as a result of a written order of theacquiring agency to vacate real property for a program of purchase undertaken by an agency or asa direct result of code enforcement activities or a program of rehabilitation of buildingsconducted pursuant to a federal or state assisted program.
(4) "Family farm" means a farm operation which is conducted:
(a) on two sections (1280 acres) or less; or
(b) as a sole proprietorship or through an entity which is wholly owned by members ofthe same immediate family.
(5) "Farm operation" means any activity conducted solely or primarily for the productionof one or more agricultural products or commodities, including timber, for sale or home use, andcustomarily producing such products or commodities in sufficient quantity to be capable ofcontributing materially to the operator's support.
(6) "Nonprofit organization" means all corporations, societies, and associations whoseobject is not pecuniary profit, but is to promote the general interest and welfare of the members,whether temporal, social, or spiritual.
(7) "Person" means any individual, partnership, corporation, or association.
(8) "Small business" means a business which has a gross annual income of less than$1,500,000.
Amended by Chapter 223, 2004 General Session