2006 Utah Code - 78-34-3 — Private property which may be taken.

     78-34-3.   Private property which may be taken.
     The private property which may be taken under this chapter includes:
     (1) all real property belonging to any person.
     (2) lands belonging to the state, or to any county, city or incorporated town, not appropriated to some public use.
     (3) property appropriated to public use; provided, that such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated.
     (4) franchises for toll roads, toll bridges, ferries, and all other franchises; provided, that such franchises shall not be taken unless for free highways, railroads, or other more necessary public use.
     (5) all rights of way for any and all purposes mentioned in Section 78-34-1 hereof, and any and all structures and improvements thereon, and the lands held or used in connection therewith, shall be subject to be connected with, crossed or intersected by any other right of way or improvement or structure thereon; they shall also be subject to a limited use in common with the owners thereof, when necessary; but such uses of crossings, intersections and connections shall be made in the manner most compatible with the greatest public benefit and the least private injury.
     (6) all classes of private property not enumerated may be taken for public use when such taking is authorized by law.

No Change Since 1953