Utah Code 63L-3-201. State agencies to adopt guidelines
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(1) Each state agency shall adopt guidelines to assist them in the identification of actions that have constitutional taking implications.
Terms Used In Utah Code 63L-3-201
- Private property: means any school or institutional trust lands and any real or personal property in this state that is protected by:(3)(a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or(3)(b) Utah Constitution Article I, § 22. See Utah Code 63L-3-102
- 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
- State agency: means an officer or administrative unit of the executive branch of state government that is authorized by law to adopt rules. See Utah Code 63L-3-102
- taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by:(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 63L-3-102
(2) In creating the guidelines, the state agency shall take into consideration recent court rulings on the taking of private property.
(3) Each state agency shall complete the guidelines on or before January 1, 1999, and review and update the guidelines annually to maintain consistency with court rulings.