2006 Utah Code - 11-13-314 — Eminent domain authority of certain commercial project entities.

     11-13-314.   Eminent domain authority of certain commercial project entities.
     (1) (a) Subject to Subsection (2), a commercial project entity that existed as a project entity before January 1, 1980 may, with respect to a project or facilities providing additional project capacity in which the commercial project entity has an interest, acquire property within the state through eminent domain, subject to restrictions imposed by Title 78, Chapter 34, Eminent Domain, and general law for the protection of other communities.
     (b) Subsection (1)(a) may not be construed to:
     (i) give a project entity the authority to acquire water rights by eminent domain; or
     (ii) diminish any other authority a project entity may claim to have under the law to acquire property by eminent domain.
     (2) Each project entity that intends to acquire property by eminent domain under Subsection (1)(a) shall, upon the first contact with the owner of the property sought to be acquired, deliver to the owner a copy of a booklet or other materials provided by the property rights ombudsman, created under Section 63-34-13, dealing with the property owner's rights in an eminent domain proceeding.

Enacted by Chapter 136, 2005 General Session