 |
 |
|||||
 |
 |
 |
 |
 |
 |
|
If you and the Agency are unable to reach an agreement based on the appraised value, the Agency will likely choose to use its power of eminent domain. If the Agency involved in acquiring your property is a school district, city, town, county, special service district, or other unit of local government, the governing body of that entity must hold a public meeting where a decision is to be made to condemn your property. You must be notified of the meeting and be allowed to speak. The governing body may also convene a closed meeting to discuss the acquisition since there are exceptions to Utah’s open and public meetings act that allow public bodies to go into a closed meeting to discuss real estate acquisitions and pending litigation. This closed meeting, if held, cannot substitute for the public meeting that also must be held where you will have the opportunity to speak if you wish. State agencies and private companies are not required to adopt a resolution of condemnation.
The condemnation process is commenced with the filing of a Complaint in the local district court, and by serving you with a Summons and copy of the Complaint. The Complaint must identify the parties (the parties include the Agency and you and all others who have an interest in your property, such as the holder of a mortgage or lien on your property) and describe specifically the property to be taken. If less than the entire property is being acquired, the Complaint will include a site drawing showing the "whole property," the portion being acquired (the "take") and that which is not being acquired (the "remainder").
The judicial process in eminent domain is technical and the Agency is required to follow those procedures precisely. Any deviation may result in the condemnation case being dismissed, although it can be and usually is re-filed once a defect or omitted procedure is cured.
These guidelines are provided by the Office of the Property Rights Ombudsman in an effort to provide better understanding of constitutional private property protections and the land use regulation process. They are not meant to constitute legal advice. They simplify and broadly generalize complex issues of law. Questions should always be directed to your attorney for specific advice. Suggestions and comments are always welcome.