2006 Utah Code - 78-34-4.5 — Negotiation and disclosure required before voting to approve an eminent domain action.

     78-34-4.5.   Negotiation and disclosure required before voting to approve an eminent domain action.
     Each person who seeks to acquire property by eminent domain or who intends to use eminent domain to acquire property if the property cannot be acquired in a voluntary transaction shall:
     (1) before taking a final vote to approve the filing of an eminent domain action, make a reasonable effort to negotiate with the property owner for the purchase of the property; and
     (2) as early in the negotiation process under Subsection (1) as practicable but no later than 14 days before a final vote is taken to approve the filing of an eminent domain action, unless the court for good cause allows a shorter period before filing:
     (a) advise the property owner of the owner's rights to mediation and arbitration under Section 78-34-21, including the name and current telephone number of the property rights ombudsman, established in Section 63-34-13; and
     (b) provide the property owner a written statement explaining that oral representations or promises made during the negotiation process are not binding upon the person seeking to acquire the property by eminent domain.

Amended by Chapter 358, 2006 General Session