78B-6-520.3 - Property sold under threat of eminent domain -- Right to repurchase property if property not used for purpose for which acquired.
78B-6-520.3. Property sold under threat of eminent domain -- Right to repurchaseproperty if property not used for purpose for which acquired.
(1) As used in this section:
(a) "Acquired property" means property that a condemnor purchases after May 11, 2009 froma condemnee under threat of condemnation.
(b) "Acquisition price" means the price which a condemnor pays a condemnee for propertythat the condemnor acquires under threat of condemnation.
(c) "Condemnee" means an owner of property who sells the property to a condemnor underthreat of condemnation.
(d) "Condemnor" means a person who acquires property by purchase from a condemneeunder threat of condemnation.
(e) "Under threat of condemnation" means the circumstances under which a condemnor, withthe right to acquire the property by eminent domain, acquires property from a condemnee in atransaction that occurs:
(i) without a judgment having been entered in an eminent domain action; and
(ii) after the condemnor has sent the condemnee a written notice indicating an intent to pursuean eminent domain action to a judgment compelling the transaction.
(2) At the time of or within a reasonable time after an acquisition of property under threat ofcondemnation, a condemnor shall provide the condemnee a written statement identifying the public usefor which the property is being acquired.
(3) Subject to Subsection (6), before the acquired property may be put to a use other than thepublic use for which the property was acquired, the condemnor shall send a written offer by certifiedmail to the condemnee at the condemnee's last known address, offering to sell the acquired property tothe condemnee at the acquisition price.
(4) (a) A condemnee may accept an offer under Subsection (3) if the offer is accepted within90 days after the offer is sent to the condemnee.
(b) A condemnee's purchase of acquired property under this section shall be concluded withina reasonable time after the condemnee accepts the condemnor's offer to sell the acquired property.
(5) If the condemnee does not accept an offer under Subsection (3) within the time specified inSubsection (4), the condemnor has no further obligation under this section to the condemnee withrespect to the acquired property.
(6) If a condemnor puts acquired property to the public use for which the property wasacquired, the condemnor's obligation under Subsection (3) to offer to sell the acquired property to thecondemnee terminates, even if the acquired property is subsequently put to a use other than the publicuse for which the property was acquired.
(7) A sale or transfer of acquired property none of which has been put to the public use forwhich the property was acquired is:
(a) considered to be a use other than the public use for which the property was acquired; and
(b) governed by this section and not Section 78B-6-521.
(8) Nothing in this section may be construed to affect any right or obligation under Section78B-6-521.
(9) A condemnee may waive the condemnee's right to purchase acquired property as providedin this section by executing a written waiver.
Enacted by Chapter 322, 2009 General Session