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House approves municipal-condemnation guidance with unanimous vote

Utah House of Representatives · February 26, 2004
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Summary

House Bill 147 — which would add equitable guidelines to municipal condemnation and clarify just-compensation factors — passed the Utah House 70–0 and will be referred to the Senate.

The Utah House unanimously approved House Bill 147, a measure that sets equitable guidelines for municipal condemnation decisions and clarifies how just compensation should be determined when cities petition to condemn property for public use.

Representative Christensen, sponsor of the bill, said the legislation adds a process and guidance for municipalities considering condemnation requests, focusing the bill on municipal infrastructure and avoiding expansion of existing condemnation authority. During questioning, Representative Neubold asked whether the bill would affect condemnation of water shares. Christensen replied that section 10-7-4 of the municipal code recognizes condemnation rights and that the bill "doesn't have any bearing" on existing law for water shares; the sponsor said the bill’s concern is infrastructure and protecting homeowners from being required to repurchase improvements they already paid for.

After floor discussion and summation, the House voted 70–0 to pass HB 147; the bill will be transmitted to the Senate for further consideration.