Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 61 (2025GS)

Sponsor

Sen. Owens, Derrin R.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires a person filing an eminent domain action for a high voltage power line to:
• conduct an infrastructure siting analysis; and
• coordinate with federal land management agencies before pursuing condemnation of private lands;
• modifies the requirements for certain eminent domain complaints to include infrastructure siting analysis and federal agency coordination documentation;
• requires a public utility to submit an annual report on eminent domain actions and efforts to utilize federal public lands to the Public Utilities, Energy, and Technology Interim Committee; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

14
78B-6-504
78B-6-505
78B-6-505.5
78B-6-507
78B-6-523
0
Energy Corridor Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor: Troy Shelley
LONG TITLE
General Description:
This bill modifies provisions related to eminent domain and the condemnation process for 
public utilities.
Highlighted Provisions:
This bill:
requires a person filing an eminent domain action for a high voltage power line to:
 conduct an infrastructure siting analysis; and
coordinate with federal land management agencies before pursuing condemnation of 
private lands; 
modifies the requirements for certain eminent domain complaints to include infrastructure 
siting analysis and federal agency coordination documentation;
requires a public utility to submit an annual report on eminent domain actions and efforts 
to utilize federal public lands to the Public Utilities, Energy, and Technology Interim 
Committee; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-6-504
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-505
, as last amended by Laws of Utah 2020, Chapter 290
78B-6-507
, as renumbered and amended by Laws of Utah 2008, Chapter 3
ENACTS:
78B-6-505.5
, Utah Code Annotated 1953
78B-6-523
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
78B-6-504
 is amended to read:
78B-6-504
. Conditions precedent to taking.
(1)
Before property can be taken it must appear that:
(a)
the use to which it is to be applied is a use authorized by law;
(b)
the taking is necessary for the use;
(c)
construction and use of all property sought to be condemned will commence within 
a reasonable time as determined by the court, after the initiation of proceedings under 
this part; and
(d)
if already appropriated to some public use, the public use to which it is to be applied 
is a more necessary public use.
(2)
(1)
(a)
As used in this section
,
:
(a)
"Feasible" means reasonably practicable after consideration of factors including:
(i)
cost;
(ii)
delay;
(iii)
terrain;
(iv)
safety; and
(v)
the size and complexity of the infrastructure route.
(b)
"governing
"Governing
 body" means:
(i)
for a county, city, or town, the legislative body of the county, city, or town; and
(ii)
for any other political subdivision of the state, the person or body with authority 
to govern the affairs of the political subdivision.
(c)
"High voltage power line" means the same as that term is defined in Section 
54-18-102
.
(d)
"Infrastructure siting analysis" means a comprehensive evaluation that:
(i)
identifies and assesses all reasonable route alternatives for the proposed 
infrastructure;
(ii)
prioritizes the use of existing utility corridors in accordance with federal 
standards;
(iii)
considers first the use of federal public lands when feasible; and
(iv)
documents why alternatives using federal public lands are not feasible, if 
applicable.
(e)
"Standard Form 299" means the federal form titled "Application for Transportation, 
Utility Systems, Telecommunications and Facilities on Federal Lands and Property" 
used to request authorization for use of federal lands.
(2)
Before property can be taken it must appear that:
(a)
the use to which it is to be applied is a use authorized by law;
(b)
the taking is necessary for the use;
(c)
construction and use of all property sought to be condemned will commence within a 
reasonable time as determined by the court, after the initiation of proceedings under 
this part; and
(d)
if already appropriated to some public use, the public use to which it is to be applied 
is a more necessary public use.
(b)
(3)
Property may not be taken by a political subdivision of the state unless the 
governing body of the political subdivision approves the taking.
(c)
(4)
(a)
Before taking a final vote to approve the filing of an eminent domain action, 
the governing body of each political subdivision intending to take property shall 
provide written notice to each owner of property to be taken of each public meeting 
of the political subdivision's governing body at which a vote on the proposed taking 
is expected to occur and allow the property owner the opportunity to be heard on the 
proposed taking.
(d)
(b)
The requirement under Subsection 
(2)(c)
(4)(a)
 to provide notice to a property 
owner is satisfied by the governing body mailing the written notice to the property 
owner:
(i)
at the owner's address as shown on the records of the county assessor's office; and
(ii)
at least 10 business days before the public meeting.
(5)
In addition to the requirements of Subsection (2), a person filing an eminent domain 
action for a high voltage power line shall:
(a)
complete an infrastructure siting analysis;
(b)
demonstrate that use of federal public lands is not authorized, feasible, or would 
result in greater public harm than the proposed condemnation; and
(c)
submit the analysis to the court as part of the condemnation proceedings.
Section 2, Section 
78B-6-505
 is amended to read:
78B-6-505
. Negotiation and disclosure required before filing an eminent domain 
action.
(1)
As used in this section:
(a)
(i)
"Claimant" means a person who is a record interest holder of real property 
sought to be condemned.
(ii)
"Claimant" does not include:
(A)
a fee simple owner; or
(B)
a utility subject to Section 
72-6-116
.
(b)
"Fee simple owner" means the same as that term is defined in Section 
57-12-13
.
(2)
A political subdivision of the state that seeks to acquire property by eminent domain or 
that intends to use eminent domain to acquire property if the property cannot be acquired 
in a voluntary transaction shall:
(a)
before the governing body, as defined in Subsection 
78B-6-504(2)(a)
, of the political 
subdivision takes a final vote to approve the filing of an eminent domain action, 
make a reasonable effort to negotiate with the fee simple owner for the purchase of 
the property; and
(b)
except as provided in Subsection 
(5)
, as early in the negotiation process described in 
Subsection 
(2)(a)
 as practicable, but no later than 14 days before the day on which a 
final vote is taken to approve the filing of an eminent domain action:
(i)
provide the fee simple owner and each claimant a complete printed copy of the 
materials provided on the Office of the Property Rights Ombudsman website in 
accordance with Section 
13-43-203
 regarding the acquisition of property for a 
public purpose and a property owner's right to just compensation;
(ii)
provide the fee simple owner a written statement in substantially the following form:
"Although this letter is provided as part of an attempt to negotiate with you for the sale 
of your property or an interest in your property without using the power of eminent domain, 
[name of political subdivision] may use that power if it is not able to acquire the property by 
negotiation. Because of that potential, the person negotiating on behalf of the entity is 
required to provide the following disclosures to you.
1. You are entitled to receive just compensation for your property.
2. You are entitled to an opportunity to negotiate with [name of political subdivision] 
over the amount of just compensation before any legal action will be filed.
a. You are entitled to an explanation of how the compensation offered for your property 
was calculated.
b. If an appraiser is asked to value your property, you are entitled to accompany the 
appraiser during an inspection of the property.
3. You are entitled to discuss this case with the attorneys at the Office of the Property 
Rights Ombudsman. The office may be reached at [provide the current contact information for 
the Office of the Property Rights Ombudsman].
4. The Office of the Property Rights Ombudsman is a neutral state office staffed by 
attorneys experienced in eminent domain. Their purpose is to assist citizens in understanding 
and protecting their property rights. You are entitled to ask questions and request an 
explanation of your legal options.
5. If you have a dispute with [name of political subdivision] over the amount of just 
compensation due to you, you are entitled to request free mediation or arbitration of the 
dispute from the Office of the Property Rights Ombudsman. As part of mediation or 
arbitration, you are entitled to request a free independent valuation of the property.
6. Oral representations or promises made during the negotiation process are not binding 
upon the entity seeking to acquire the property by eminent domain."; and
(iii)
provide each claimant a written statement in substantially the following form:
"1. Your interest in property may be impacted by a public improvement project and you 
may be entitled to receive just compensation.
2. You are entitled to discuss this case with the attorneys at the Office of the Property 
Rights Ombudsman. The office may be reached at [provide the current contact information for 
the Office of the Property Rights Ombudsman].
3. The Office of the Property Rights Ombudsman is a neutral state office staffed by 
attorneys experienced in eminent domain. Their purpose is to assist citizens in understanding 
and protecting their property rights. You are entitled to ask questions and request an 
explanation of your legal options.
4. If you have a dispute with [name of entity] over the amount of just compensation due 
to you, you are entitled to request free mediation or arbitration of the dispute from the Office 
of the Property Rights Ombudsman. As part of mediation or arbitration, you are entitled to 
request a free independent valuation of the property.
5. Oral representations or promises made during any negotiation are not binding upon 
the entity seeking to acquire the property by eminent domain."
(3)
Except as provided in Subsection 
(5)
, the entity involved in the acquisition of property 
may not bring a legal action to acquire the property under this chapter until 30 days after 
the day on which the disclosure and materials required in Subsections 
(2)(b)(ii)
 and 
(iii)
are provided to the fee simple owner and each claimant.
(4)
A person, other than a political subdivision of the state, that seeks to acquire property by 
eminent domain or that intends to use eminent domain to acquire property if the property 
cannot be acquired in a voluntary transaction shall:
(a)
before filing an eminent domain action, make a reasonable effort to negotiate 
with 
the property owner for the purchase of the fee simple; 
with the fee simple owner for 
the purchase of the property interest being condemned; 
and
(b)
except as provided in Subsection 
(5)
, as early in the negotiation process described in 
Subsection 
(4)(a)
 as practicable, but no later than 30 days before the day on which 
the person files an eminent domain action:
(i)
provide the fee simple owner and each claimant a complete printed copy of the 
materials provided on the Office of the Property Rights Ombudsman website in 
accordance with Section 
13-43-203
 regarding the acquisition of property for a 
public purpose and a property owner's right to just compensation;
(ii)
provide the fee simple owner a written statement in substantially the following form:
"Although this letter is provided as part of an attempt to negotiate with you for the sale 
of your property or an interest in your property without using the power of eminent domain, 
[name of entity] may use that power if it is not able to acquire the property by negotiation. 
Because of that potential, the person negotiating on behalf of the entity is required to provide 
the following disclosures to you.
1. You are entitled to receive just compensation for your property.
2. You are entitled to an opportunity to negotiate with [name of entity] over the amount 
of just compensation before any legal action will be filed.
a. You are entitled to an explanation of how the compensation offered for your property 
was calculated.
b. If an appraiser is asked to value your property, you are entitled to accompany the 
appraiser during an inspection of the property.
3. You are entitled to discuss this case with the attorneys at the Office of the Property 
Rights Ombudsman. The office may be reached at [provide the current contact information for 
the Office of the Property Rights Ombudsman].
4. The Office of the Property Rights Ombudsman is a neutral state office staffed by 
attorneys experienced in eminent domain. Their purpose is to assist citizens in understanding 
and protecting their property rights. You are entitled to ask questions and request an 
explanation of your legal options.
5. If you have a dispute with [name of entity] over the amount of just compensation due 
to you, you are entitled to request free mediation or arbitration of the dispute from the Office 
of the Property Rights Ombudsman. As part of mediation or arbitration, you are entitled to 
request a free independent valuation of the property.
6. Oral representations or promises made during the negotiation process are not binding 
upon the entity seeking to acquire the property by eminent domain."; and
(iii)
provide each claimant a written statement in substantially the following form:
"1. Your interest in property may be impacted by a public improvement project and you 
may be entitled to receive just compensation.
2. You are entitled to discuss this case with the attorneys at the Office of the Property 
Rights Ombudsman. The office may be reached at [provide the current contact information for 
the Office of the Property Rights Ombudsman].
3. The Office of the Property Rights Ombudsman is a neutral state office staffed by 
attorneys experienced in eminent domain. Their purpose is to assist citizens in understanding 
and protecting their property rights. You are entitled to ask questions and request an 
explanation of your legal options.
4. If you have a dispute with [name of entity] over the amount of just compensation due 
to you, you are entitled to request free mediation or arbitration of the dispute from the Office 
of the Property Rights Ombudsman. As part of mediation or arbitration, you are entitled to 
request a free independent valuation of the property.
5. Oral representations or promises made during any negotiation are not binding upon 
the entity seeking to acquire the property by eminent domain."
(5)
The court may, upon a showing of exigent circumstances and for good cause, shorten 
the 14-day period described in Subsection 
(2)(b)
 or the 30-day period described in 
Subsection 
(3)
 or 
(4)(b)
.
Section 3, Section 
78B-6-505.5
 is enacted to read:
78B-6-505.5
. Coordination with federal land management agencies.
(1)
Before filing an eminent domain action to condemn private land for a high voltage 
power line, a person shall:
(a)
if federal public land exists within one quarter mile of the proposed high voltage 
power line, submit a Standard Form 299, or equivalent form, to each relevant federal 
land management agency to identify potentially suitable federal public land for the 
proposed use;
(b)
document all efforts to coordinate with federal agencies; and
(c)
include the documentation described in Subsection (1)(b) in any subsequent eminent 
domain filing.
(2)
A person may file an eminent domain action to condemn private land if each relevant 
federal land management agency fails to respond within 60 days after the person files a 
Standard Form 299, or equivalent form, with the agency.
Section 4, Section 
78B-6-507
 is amended to read:
78B-6-507
. Complaint -- Contents.
(1)
The complaint shall contain:
(a)
the name of the corporation, association, commission or person in charge of the 
public use for which the property is sought, who must be styled plaintiff;
(b)
the names of all owners and claimants of the property, if known, or a statement that 
they are unknown, who must be styled defendants;
(c)
a statement of the right of the plaintiff;
(d)
if a right of way is sought, its location, general route, beginning and ending, and be 
accompanied by a map of the proposed right of way, as it is involved in the action or 
proceeding;
(e)
if any interest in land is sought for a right of way or associated facilities for a subject 
activity as defined in Section 
19-3-318
:
(i)
the permission of the governor with the concurrence of the Legislature authorizing:
(A)
use of the site for the subject activity; and
(B)
use of the proposed route for the subject activity; and
(ii)
the proposed route as required by Subsection 
(1)(d)
;
 and
(f)
a description of each piece of land sought to be taken, and whether it includes the 
whole or only part of an entire parcel or tract
.
; and
(g)
for actions filed for a high voltage power line, the infrastructure siting analysis and 
federal agency coordination documentation required by Sections 
78B-6-504
 and 
78B-6-505.5
.
(2)
All parcels lying in the county and required for the same public use may be included in 
the same or separate proceedings, at the option of the plaintiff, but the court may 
consolidate or separate them to suit the convenience of parties.
Section 5, Section 
78B-6-523
 is enacted to read:
78B-6-523
. Reporting on consideration of federal public lands.
(1)
As used in this section, "public utility" means the same as that term is defined in Section 
54-2-1
.
(2)
A public utility that files any eminent domain action for a high voltage power line in a 
calendar year shall submit, on or before July 1 of each year, a report to the Public 
Utilities, Energy, and Technology Interim Committee detailing:
(a)
the number of condemnation actions filed in the previous calendar year;
(b)
infrastructure siting analyses completed to identify and evaluate alternatives using 
federal public lands prior to initiating a condemnation action;
(c)
reasons for not utilizing federal public lands, if applicable; and
(d)
any coordination efforts with federal land management agencies.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 8:38 AM