Utah Code 63G-10-401. Condemnation, inverse condemnation settlements involving the Department of Transportation
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(1) Notwithstanding the provisions of this chapter, the Department of Transportation need not obtain the approval of the governor or the Legislature for financial or action settlement agreements that resolve condemnation or inverse condemnation cases.
Terms Used In Utah Code 63G-10-401
- Action settlement agreement: includes a stipulation, consent decree, settlement agreement, or any other legally binding document or representation that resolves a threatened or pending lawsuit between the state and another party by requiring the state to take legally binding action. See Utah Code 63G-10-102
- Appraisal: A determination of property value.
- Financial settlement agreement: includes a stipulation, consent decree, settlement agreement, and any other legally binding document or representation that resolves a dispute between the state and another party exclusively by requiring the payment of money from one party to the other. See Utah Code 63G-10-102
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Settlement agreement report: means a report that:(5)(a) states the total amount of the settlement;(5)(b) states the payer of the settlement;(5)(c) states the recipient of the payment;(5)(d) summarizes the circumstances related to the settlement; and(5)(e) contains a copy of the settlement agreement, unless the agreement is not permitted to be disclosed due to a court order or other legal requirement. See Utah Code 63G-10-102(2) Financial settlement agreements involving condemnation or inverse condemnation cases for $1,000,000 to $2,000,000 over the Department of Transportation’s original appraisal shall be presented to the Transportation Commission for approval or rejection.(3)(3)(a) Financial settlement agreements involving condemnation or inverse condemnation cases for more than $2,000,000 over the Department of Transportation’s original appraisal and all action settlement agreements that resolve condemnation or inverse condemnation cases shall be presented:(3)(a)(i) to the Transportation Commission for approval or rejection; and(3)(a)(ii) if the financial or action settlement agreement is approved by the Transportation Commission, to the Legislative Management Committee.(3)(b) The Legislative Management Committee may recommend approval or rejection of the financial or action settlement agreement.(4)(4)(a) The Department of Transportation may not enter into a financial settlement agreement that resolves a condemnation or inverse condemnation case and requires payment of $1,000,000 to $2,000,000 over the Department of Transportation’s original appraisal until the Transportation Commission has approved the agreement.(4)(b) The Department of Transportation may not enter into a financial settlement agreement that resolves a condemnation or inverse condemnation case and requires payment of more than $2,000,000 over the Department of Transportation’s original appraisal or enter into an action settlement agreement that resolves a condemnation or inverse condemnation case until:(4)(b)(i) the Transportation Commission has approved the agreement; and(4)(b)(ii) the Legislative Management Committee has reviewed the agreement.(5) The Department of Transportation shall, for each settlement agreement approved under this section for an amount greater than $1,000,000 but less than $2,000,000, give notice to the Legislative Management Committee by sending a settlement agreement report to the president of the Senate, the speaker of the House of Representatives, and the director of the Office of Legislative Research and General Counsel within three business days of executing the agreement.