72-5-405 - Private owner rights. - Utah Statutes

72-5-405. Private owner rights.
(1) The department, counties, and municipalities shall observe all protections conferredon private property rights, including Title 63L, Chapter 3, Private Property Protection Act, Title63L, Chapter 4, Constitutional Taking Issues, and compensation for takings.
(2) Private property owners from whom less than fee simple rights are obtained fortransportation corridors or transportation corridor preservation have the right to petition thedepartment, a county, or a municipality to acquire the entire fee simple interest in the affectedproperty.
(3) (a) A private property owner whose property's development is limited or restricted bya power granted under this part may petition the county or municipality that adopted the officialmap to acquire less than or the entire fee simple interest in the affected property, at the option ofthe property owner.
(b) If the county or municipality petitioned under Subsection (3)(a) does not acquire theinterest in the property requested by the property owner, then the county or municipality may notexercise any of the powers granted under this part to limit or restrict the affected property'sdevelopment.

Amended by Chapter 382, 2008 General Session