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UTAH STATUTES AND CODES
63G-10-401 - Condemnation, inverse condemnation settlements involving the Department of Transportation.
63G-10-401. Condemnation, inverse condemnation settlements involving theDepartment of Transportation.
(1) Notwithstanding the provisions of this chapter, the Department of Transportationneed not obtain the approval of the governor or the Legislature for financial or action settlementagreements that resolve condemnation or inverse condemnation cases.
(2) Financial settlement agreements involving condemnation or inverse condemnationcases for $1,000,000 to $2,000,000 over the Department of Transportation's original appraisalshall be presented to the Transportation Commission for approval or rejection.
(3) (a) Financial settlement agreements involving condemnation or inverse condemnationcases for more than $2,000,000 over the Department of Transportation's original appraisal and allaction settlement agreements that resolve condemnation or inverse condemnation cases shall bepresented:
(i) to the Transportation Commission for approval or rejection; and
(ii) if the financial or action settlement agreement is approved by the TransportationCommission, to the Legislative Management Committee.
(b) The Legislative Management Committee may recommend approval or rejection ofthe financial or action settlement agreement.
(4) (a) The Department of Transportation may not enter into a financial settlementagreement that resolves a condemnation or inverse condemnation case and requires payment of$1,000,000 to $2,000,000 over the Department of Transportation's original appraisal until theTransportation Commission has approved the agreement.
(b) The Department of Transportation may not enter into a financial settlementagreement that resolves a condemnation or inverse condemnation case and requires payment ofmore than $2,000,000 over the Department of Transportation's original appraisal or enter into anaction settlement agreement that resolves a condemnation or inverse condemnation case until:
(i) the Transportation Commission has approved the agreement; and
(ii) the Legislative Management Committee has reviewed the agreement.
(1) Notwithstanding the provisions of this chapter, the Department of Transportationneed not obtain the approval of the governor or the Legislature for financial or action settlementagreements that resolve condemnation or inverse condemnation cases.
(2) Financial settlement agreements involving condemnation or inverse condemnationcases for $1,000,000 to $2,000,000 over the Department of Transportation's original appraisalshall be presented to the Transportation Commission for approval or rejection.
(3) (a) Financial settlement agreements involving condemnation or inverse condemnationcases for more than $2,000,000 over the Department of Transportation's original appraisal and allaction settlement agreements that resolve condemnation or inverse condemnation cases shall bepresented:
(i) to the Transportation Commission for approval or rejection; and
(ii) if the financial or action settlement agreement is approved by the TransportationCommission, to the Legislative Management Committee.
(b) The Legislative Management Committee may recommend approval or rejection ofthe financial or action settlement agreement.
(4) (a) The Department of Transportation may not enter into a financial settlementagreement that resolves a condemnation or inverse condemnation case and requires payment of$1,000,000 to $2,000,000 over the Department of Transportation's original appraisal until theTransportation Commission has approved the agreement.
(b) The Department of Transportation may not enter into a financial settlementagreement that resolves a condemnation or inverse condemnation case and requires payment ofmore than $2,000,000 over the Department of Transportation's original appraisal or enter into anaction settlement agreement that resolves a condemnation or inverse condemnation case until:
(i) the Transportation Commission has approved the agreement; and
(ii) the Legislative Management Committee has reviewed the agreement.
Renumbered and Amended by Chapter 382, 2008 General Session
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