72-7-207 - Junkyards not adaptable to screening -- Authority of department to acquire land -- Compensation. - Utah Statutes

72-7-207. Junkyards not adaptable to screening -- Authority of department toacquire land -- Compensation.
(1) If the department determines that the topography of the land adjoining the interstateand primary systems will not permit adequate screening of junkyards or that screening would notbe economically feasible, the department may acquire by gift, purchase, exchange, or eminentdomain the interests in lands necessary to secure the relocation, removal, or disposal of thejunkyards.
(2) If the department determines that it is in the best interests of the state, it may acquirelands, or interests in lands, necessary to provide adequate screening of junkyards.
(3) The acquisitions provided for in this section may not be undertaken unless:
(a) the necessary federal funds for participation have been appropriated by the federalgovernment and are immediately available to the state; and
(b) the department has received approval to seek federal grants, loans, or participation infederal programs under Title 63J, Chapter 5, Federal Funds Procedures.
(4) Damages resulting from any taking of property in eminent domain shall beascertained in the manner provided by law.
(5) Just compensation shall be paid the owner for the relocation, removal, or disposal ofa junkyard lawfully established under the laws of this state and which must be relocated,removed, or disposed of under this part.

Amended by Chapter 382, 2008 General Session