78B-6-501 - Eminent domain -- Uses for which right may be exercised.
78B-6-501. Eminent domain -- Uses for which right may be exercised.
Subject to the provisions of this part, the right of eminent domain may be exercised onbehalf of the following public uses:
(1) all public uses authorized by the federal government;
(2) public buildings and grounds for the use of the state, and all other public usesauthorized by the Legislature;
(3) (a) public buildings and grounds for the use of any county, city, town, or board ofeducation;
(b) reservoirs, canals, aqueducts, flumes, ditches, or pipes for conducting water for theuse of the inhabitants of any county, city, or town, or for the draining of any county, city, ortown;
(c) the raising of the banks of streams, removing obstructions from streams, andwidening, deepening, or straightening their channels;
(d) bicycle paths and sidewalks adjacent to paved roads;
(e) roads, streets, and alleys for public vehicular use, excluding trails, paths, or otherways for walking, hiking, bicycling, equestrian use, or other recreational uses, or whose primarypurpose is as a foot path, equestrian trail, bicycle path, or walkway; and
(f) all other public uses for the benefit of any county, city, or town, or its inhabitants;
(4) wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank andturnpike roads, roads for transportation by traction engines or road locomotives, roads forlogging or lumbering purposes, and railroads and street railways for public transportation;
(5) reservoirs, dams, watergates, canals, ditches, flumes, tunnels, aqueducts and pipes forthe supplying of persons, mines, mills, smelters or other works for the reduction of ores, withwater for domestic or other uses, or for irrigation purposes, or for the draining and reclaiming oflands, or for the floating of logs and lumber on streams not navigable, or for solar evaporationponds and other facilities for the recovery of minerals in solution;
(6) (a) roads, railroads, tramways, tunnels, ditches, flumes, pipes, and dumping places toaccess or facilitate the milling, smelting, or other reduction of ores, or the working of mines,quarries, coal mines, or mineral deposits including minerals in solution;
(b) outlets, natural or otherwise, for the deposit or conduct of tailings, refuse or waterfrom mills, smelters or other works for the reduction of ores, or from mines, quarries, coal minesor mineral deposits including minerals in solution;
(c) mill dams;
(d) gas, oil or coal pipelines, tanks or reservoirs, including any subsurface stratum orformation in any land for the underground storage of natural gas, and in connection with that, anyother interests in property which may be required to adequately examine, prepare, maintain, andoperate underground natural gas storage facilities;
(e) solar evaporation ponds and other facilities for the recovery of minerals in solution;and
(f) any occupancy in common by the owners or possessors of different mines, quarries,coal mines, mineral deposits, mills, smelters, or other places for the reduction of ores, or anyplace for the flow, deposit or conduct of tailings or refuse matter;
(7) byroads leading from a highway to an existing or proposed:
(a) residence;
(b) development; or
(c) farm;
(8) telegraph, telephone, electric light and electric power lines, and sites for electric lightand power plants;
(9) sewage service for:
(a) a city, town, or any settlement of not less than 10 families;
(b) an existing or proposed development;
(c) a public building belonging to the state; or
(d) a college or university;
(10) canals, reservoirs, dams, ditches, flumes, aqueducts, and pipes for supplying andstoring water for the operation of machinery for the purpose of generating and transmittingelectricity for power, light or heat;
(11) cemeteries and public parks, except for a park whose primary use is:
(a) as a trail, path, or other way for walking, hiking, bicycling, or equestrian use; or
(b) to connect other trails, paths, or other ways for walking, hiking, bicycling, orequestrian use;
(12) pipe lines for the purpose of conducting any and all liquids connected with themanufacture of beet sugar; and
(13) sites for mills, smelters or other works for the reduction of ores and necessary totheir successful operation, including the right to take lands for the discharge and naturaldistribution of smoke, fumes, and dust, produced by the operation of works, provided that thepowers granted by this subsection may not be exercised in any county where the populationexceeds 20,000, or within one mile of the limits of any city or incorporated town nor unless theproposed condemner has the right to operate by purchase, option to purchase or easement, at least75% in value of land acreage owned by persons or corporations situated within a radius of fourmiles from the mill, smelter or other works for the reduction of ores; nor beyond the limits of thefour-mile radius; nor as to lands covered by contracts, easements, or agreements existing betweenthe condemner and the owner of land within the limit and providing for the operation of suchmill, smelter, or other works for the reduction of ores; nor until an action shall have beencommenced to restrain the operation of such mill, smelter, or other works for the reduction ofores.
Amended by Chapter 401, 2010 General Session