2016 Utah Code
Title 63L - Lands
Chapter 5 - Utah Religious Land Use Act
Part 3 - Remedies and Procedures
Section 302 - Notice of claim -- Government's right to accommodate.

63L-5-302. Notice of claim -- Government's right to accommodate.

• (1) A person may not bring an action under Section 63L-5-301 unless, 60 days before bringing the action, the person sends written notice of the intent to bring an action.

• (2) The notice shall be addressed to the government entity imposing the land use regulation, and shall be prepared and delivered according to the requirements of Subsection 63G-7-401(3).

• (3) Mailing of the notice required by Subsection (1) tolls the limitation period for bringing an action under this chapter for a period of 75 days, starting on the day the notice was mailed.

• (4) Notwithstanding Subsection (1), a person may bring an action under Section 63L-5-301 before the expiration of the 60-day notice period if:
  • (a) the imposition of a substantial burden on the person's free exercise of religion by the land use regulation is imminent; and
  • (b) the person was not informed of and did not otherwise have knowledge of the land use regulation in time to reasonably provide 60 days notice.

• (5)
  • (a) A government entity provided with the notice required by Subsection (2) may remedy the substantial burden on the person's free exercise of religion:
    • (i) before the expiration of the 60-day notice period; or
    • (ii) in the case of an action properly brought according to Subsection (4), before the adjudication of a court hearing on the action.
  • (b) Nothing in this section prevents a government entity from providing a remedy after these time periods.

• (6) The court may not award compensatory damages, attorney's fees, costs, or other expenses to a person if the substantial burden has been cured by a remedy implemented by the government entity according to Subsection (5)(a).

Renumbered and Amended by Chapter 382, 2008 General Session