78B-6-517 - Substitution of bond for deposit paid into court -- Abandonment of action by condemner -- Conditions of dismissal. - Utah Statutes

78B-6-517. Substitution of bond for deposit paid into court -- Abandonment ofaction by condemner -- Conditions of dismissal.
In the event that no order is entered by the court permitting payment of the deposit onaccount of the just compensation to be awarded in the proceeding within 30 days following itsdeposit, the court may, on application of the condemning authority, permit the substitution of abond in an amount and with sureties as determined and approved by the court. Condemner,whether a public or private body, may, at any time prior to final payment of compensation anddamages awarded the defendant by the court or jury, abandon the proceedings and cause theaction to be dismissed without prejudice, provided, however, that as a condition of dismissalcondemner first compensate condemnee for all damages he has sustained and also reimburse himin full for all reasonable and necessary expenses actually incurred by condemnee because of thefiling of the action by condemner, including attorney fees.

Renumbered and Amended by Chapter 3, 2008 General Session