Utah Code 13-43-102. Definitions
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As used in this chapter:
(1) “Constitutional taking” or “taking” means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under:
Terms Used In Utah Code 13-43-102
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- taking: means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under:
(1)(a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or(1)(b) Utah Constitution Article I, § 22. See Utah Code 13-43-102- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or(2) “Takings and eminent domain law” means the provisions of the federal and state constitutions, the case law interpreting those provisions, and any relevant statutory provisions that:(2)(a) involve constitutional issues arising from the use or ownership of real property;(2)(b) require a governmental unit to compensate a real property owner for a constitutional taking; or(2)(c) provide for relocation assistance to those persons who are displaced by the use of eminent domain.