63K-4-402 - Acquisition of property for public use -- Compensation of owners. - Utah Statutes

63K-4-402. Acquisition of property for public use -- Compensation of owners.
(1) (a) Upon proclamation of a state of emergency, the governor may purchase or leasepublic or private property for public use including:
(i) food and medical supplies;
(ii) clothing;
(iii) shelter;
(iv) means of transportation;
(v) fuels;
(vi) oils; or
(vii) buildings or lands.
(b) The governor may not purchase private home storage nor privately owned arms.
(2) (a) The governor may use property purchased under authority of this section for anypurpose to meet the needs of an emergency, including its use to relieve want, distress, anddisease.
(b) Any property used by the governor to meet the needs of an emergency is a public use.
(3) (a) The governor shall compensate the owner of property taken or used underauthority of this section by complying with the procedures established in Title 78B, Chapter 6,Part 5, Eminent Domain.
(b) The governor shall pay for those purchases or leases from the funds available to theDivision of Homeland Security under:
(i) this chapter; or
(ii) Title 53, Chapter 2, Part 4, Disaster Recovery Funding Act, to the extent provided forin that chapter.
(4) Nothing in this section applies to or authorizes compensation for the destruction ordamage of standing timber or other property in order to provide a fire break or to the release ofwaters or the breach of impoundments in order to reduce pressure or other danger from actual orthreatened flood.

Amended by Chapter 3, 2008 General Session
Renumbered and Amended by Chapter 382, 2008 General Session