GroundRules
← Search the law
Utah · Through 2026 General Session

Utah Code § 78B-6-503: Private property which may be taken.

Read at publisher ↗
Where this section sits in the code
  1. Title 78B Judicial Code
  2. Chapter 78B-6 Particular Proceedings
  3. Part 78B-6-5 Eminent Domain

Except as provided in Subsection 78B-6-501(3), (4), or (5), private property that 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, not appropriated to some public use;

(3) property appropriated to public use, except that the property may not be taken unless for a more necessary public use than that to which the property has already been appropriated;

(4) franchises for toll roads, toll bridges, ferries, and all other franchises, except that the franchises may not be taken unless for free highways, railroads, or other more necessary public use;

(5) all rights of way for any and all purposes mentioned in Section 78B-6-501, and any and all structures and improvements on the property, and the lands held or used in connection with the property, except that:

(a) the property is subject to be connected with, crossed, or intersected by any other right of way or improvement or structure;

(b) the property is subject to a limited use in common with the owners, when necessary; and

(c) uses of crossings, intersections, and connections shall be made in the manner most compatible with the greatest public benefit and the least private injury; and

(6) all classes of private property not enumerated if the taking is authorized by law.

Collected 2026-09-03T11:34:34Z. Source file · JSON

Browse this collection