Utah Code 63G-7-302. Assessment of compensation and damages in an action for taking or damaging private property
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(1) Except as provided in Subsection (2), in an action brought under Utah Constitution, Article I, § 22, for the recovery of compensation from the governmental entity when the governmental entity has taken or damaged private property for public uses without just compensation, compensation and damages shall be assessed according to Title 78B, Chapter 6, Part 5, Eminent Domain.
Terms Used In Utah Code 63G-7-302
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Governmental entity: means :(4)(a) the state and its political subdivisions; and(4)(b) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(2) In an action brought under Utah Constitution, Article I, § 22, for the recovery of compensation for the interruption of water use in the case of a temporary water shortage emergency that results in the taking or damage of property for public uses without just compensation, compensation and damages shall be assessed in accordance with Title 73, Chapter 3d, Water Preferences During Emergencies.