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:

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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
  • 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.