78B-6-503 - Private property which may be taken. - Utah Statutes

78B-6-503. Private property which may be taken.
Private property which may be taken under this part includes:
(1) all real property belonging to any person;
(2) lands belonging to the state, or to any county, city or incorporated town, notappropriated to some public use;
(3) property appropriated to public use; provided that the property may not be takenunless for a more necessary public use than that to which it has already been appropriated;
(4) franchises for toll roads, toll bridges, ferries, and all other franchises; provided thatthe franchises may not be taken unless for free highways, railroads, or other more necessarypublic use;
(5) all rights of way for any and all purposes mentioned in Section 78B-6-501 hereof, andany and all structures and improvements on the property, and the lands held or used inconnection with the property, shall be subject to be connected with, crossed, or intersected by anyother right of way or improvement or structure; they shall also be subject to a limited use incommon with the owners, when necessary; but uses of crossings, intersections, and connectionsshall be made in the manner most compatible with the greatest public benefit and the least privateinjury; and
(6) all classes of private property not enumerated if the taking is authorized by law.

Renumbered and Amended by Chapter 3, 2008 General Session