63M-6-201 - Acquisition of easements -- Restrictions -- Resale.
63M-6-201. Acquisition of easements -- Restrictions -- Resale.
(1) (a) The Governor's Office of Economic Development shall acquire, by purchase orcondemnation, easements for the establishment, maintenance, and operation of a restrictive usearea for the operation of aircraft to and from Hill Air Force Base because:
(i) Hill Air Force Base is a military installation of vital importance to security of theUnited States of America and to the economic well-being of the citizens of Utah;
(ii) there are certain portions of land around the entire base that are being developed forresidential and other uses that are incompatible with current and future operations of the basebecause of noise, health, safety, and accident reasons; and
(iii) it is the purpose of this chapter for the state to acquire those easements restricting theuse of those lands and the air space above them in order to assure the continued operation of HillAir Force Base as an active military base and to protect the health, safety, and economicwell-being of the citizens of Utah.
(b) The Governor's Office of Economic Development may delegate its power to purchaseor condemn easements under this subsection to other state agencies if the department ensures thatthose agencies comply with the procedures and requirements of this chapter.
(2) (a) The Governor's Office of Economic Development shall ensure that the easementsrestrict the land from those uses identified in the Hill Air Force Base AICUZ Land UseCompatibility Guidelines Study, as amended, dated October, 1982, as not being acceptable.
(b) The Governor's Office of Economic Development may allow certain other uses notprohibited by those guidelines if those uses are consistent with the purpose of this chapter.
(c) Nothing in this chapter may be construed to authorize the Governor's Office ofEconomic Development or any other state agency to:
(i) acquire any ownership interest in real property other than an easement restricting theland from future uses inconsistent with the Hill Air Force Base AICUZ Land Use CompatibilityGuidelines Study, as amended, dated October 1982;
(ii) purchase businesses; or
(iii) require people to relocate or move from their property.
(d) To calculate the purchase price for the easements, the Governor's Office of EconomicDevelopment shall subtract the market value of the real property and its improvements after theacquisition of the easements from the market value of the real property and its improvementsbefore the acquisition of the easements.
(e) When the Hill Air Force Base runways have not been used for seven years toaccommodate the arrival and departure of airplanes, the Governor's Office of EconomicDevelopment shall:
(i) notify by certified mail each current owner of the property to which each easement isattached;
(ii) inform that owner that the owner may purchase the easement from the state for thesame price that the state paid for it originally or for the market value of the easement at the timeof the buyback, whichever is smaller; and
(iii) sell the easement to the owner of the property to which the easement is attached ifthe owner tenders the purchase price.
(f) In addition to purchasing the easements required by this chapter, the Governor'sOffice of Economic Development may provide reasonable relocation expenses to all churches,businesses, and schools that, as of March 1, 1994, were located either within the north Hill Air
Force Base accident potential zone (APZ) identified in Subsection 63M-6-202(1)(a) or within thesouth Hill Air Force Base accident potential zone (APZ) identified in Subsection63M-6-202(1)(b) if those churches, businesses, and schools can reasonably demonstrate thatexpansion of the use would have been permitted before acquisition of the easements but is nowprohibited because of the easement.
(3) (a) The Governor's Office of Economic Development may take action to enforce theprovisions of this chapter.
(b) The attorney general shall represent the Governor's Office of Economic Developmentin that action.
Renumbered and Amended by Chapter 382, 2008 General Session