Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 62 Second Substitute (2018GS)

Sponsor

Rep. Quinn, T.

Final action

Governor Signed 3/21/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that a court, jury, or referee determining just compensation may consider certain evidence;
• prohibits consideration of the assessed value on a property tax assessment except in certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PROPERTY RIGHTS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tim Quinn
Senate Sponsor: 
Daniel Hemmert
LONG TITLE
General Description:
This bill addresses the determination of just compensation in certain eminent domain
proceedings.
Highlighted Provisions:
This bill:
▸ provides that a court, jury, or referee determining just compensation may consider
certain evidence;
▸ prohibits consideration of the assessed value on a property tax assessment except in
certain circumstances; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-6-511
, as renumbered and amended by Laws of Utah 2008, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-6-511
 is amended to read:
78B-6-511.
Compensation and damages -- How assessed.
(1)
 The court, jury, or referee shall hear any legal evidence offered by any of the parties
to the proceedings, and determine and assess:
[
(1)
] (a) 
(i)
 the value of the property sought to be condemned and all improvements
pertaining to the realty;
[
(b)
] 
(ii)
 the value of each and every separate estate or interest in the property; and
[
(c)
] 
(iii)
 if it consists of different parcels, the value of each parcel and of each estate or
interest in each shall be separately assessed;
[
(2)
] 
(b)
 if the property sought to be condemned constitutes only a part of a larger
parcel, the damages which will accrue to the portion not sought to be condemned by reason of
its severance from the portion sought to be condemned and the construction of the
improvement in the manner proposed by the plaintiff;
[
(3)
] 
(c)
 if the property, though no part of it is taken, will be damaged by the
construction of the proposed improvement, and the amount of the damages;
[
(4)
] 
(d)
 separately, how much the portion not sought to be condemned, and each estate
or interest in it, will be benefitted, if at all, by the construction of the improvement proposed by
the plaintiff[
. If
]
 , provided that if 
 the benefit is equal to the damages assessed under Subsection
[
(2)
] 
(1)(b)
, the owner of the parcel shall be allowed no compensation except the value of the
portion taken; but if the benefit is less than the damages assessed, the former shall be deducted
from the latter, and the remainder shall be the only damages allowed in addition to the value of
the portion taken;
[
(5)
] 
(e)
 if the property sought to be condemned consists of water rights or part of a
water delivery system or both, and the taking will cause present or future damage to or
impairment of the water delivery system not being taken, including impairment of the system's
carrying capacity, an amount to compensate for the damage or impairment; 
and
[
(6)
] 
(f)
 if land on which crops are growing at the time of service of summons is sought
to be condemned, the value that those crops would have had after being harvested, taking into
account the expenses that would have been incurred cultivating and harvesting the crops[
; and
]
.
[
(7) as far as practicable compensation shall be assessed for each source of damages
separately.
]
(2) In determining the market value of the property before the taking and the market
value of the property after the taking to assess damages in partial takings cases as described in
Subsection (1)(b), the court, jury, or referee:
(a) may consider everything a willing buyer and a willing seller would consider in
determining the market value of the property after the taking; and
(b) may not consider the assessed value on the property tax assessment for the property
unless the court determines that the assessed value on the property tax assessment constitutes
an admission by a party opponent.