(1) Using the guidelines prepared under Section 63L-3-201, each state agency shall:

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Terms Used In Utah Code 63L-3-202

  • action: means :
              (2)(a)(i) proposed rules and emergency rules by a state agency that if adopted and enforced may limit the use of private property unless:
                   (2)(a)(i)(A) its provisions are in accordance with applicable state or federal statutes; and
                   (2)(a)(i)(B) the agency has adopted and implemented the guidelines required by Section 63L-3-201;
              (2)(a)(ii) proposed or implemented licensing or permitting conditions, requirements, or limitations to the use of private property unless:
                   (2)(a)(ii)(A) its provisions are in accordance with applicable state or federal statutes, rules, or regulations; and
                   (2)(a)(ii)(B) the agency has adopted and implemented the guidelines required by Section 63L-3-201;
              (2)(a)(iii) required dedications or exactions from owners of private property; or
              (2)(a)(iv) statutes and rules. See Utah Code 63L-3-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. 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
  • 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)(a) determine whether an action has constitutional taking implications; and
     (1)(b) prepare an assessment of constitutional taking implications that includes an analysis of the following:

          (1)(b)(i) the likelihood that the action may result in a constitutional taking, including a description of how the taking affects the use or value of private property;
          (1)(b)(ii) alternatives to the proposed action that may:

               (1)(b)(ii)(A) fulfill the government’s legal obligations of the state agency;
               (1)(b)(ii)(B) reduce the impact on the private property owner; and
               (1)(b)(ii)(C) reduce the risk of a constitutional taking; and
          (1)(b)(iii) an estimate of financial cost to the state for compensation and the source of payment within the agency’s budget if a constitutional taking is determined.
(2) In addition to the guidelines prepared under Section 63L-3-201, each state agency shall adhere, to the extent permitted by law, to the following criteria if implementing or enforcing actions that have constitutional taking implications:

     (2)(a) If an agency requires a person to obtain a permit for a specific use of private property, any conditions imposed on issuing the permit shall directly relate to the purpose for which the permit is issued and shall substantially advance that purpose.
     (2)(b) Any restriction imposed on the use of private property shall be proportionate to the extent the use contributes to the overall problem that the restriction is to redress.
     (2)(c) If an action involves a permitting process or any other decision-making process that will interfere with, or otherwise prohibit, the use of private property pending the completion of the process, the duration of the process shall be kept to the minimum necessary.
     (2)(d) Before taking an action restricting private property use for the protection of public health or safety, the state agency, in internal deliberative documents, shall:

          (2)(d)(i) clearly identify, with as much specificity as possible, the public health or safety risk created by the private property use;
          (2)(d)(ii) establish that the action substantially advances the purpose of protecting public health and safety against the specifically identified risk;
          (2)(d)(iii) establish, to the extent possible, that the restrictions imposed on the private property are proportionate to the extent the use contributes to the overall risk; and
          (2)(d)(iv) estimate, to the extent possible, the potential cost to the government if a court determines that the action constitutes a constitutional taking.
(3) If there is an immediate threat to health and safety that constitutes an emergency and requires an immediate response, the analysis required by Subsection (2)(b) may be made when the response is completed.
(4) Before the state agency implements an action that has constitutional taking implications, the state agency shall submit a copy of the assessment of constitutional taking implications to the governor and the Legislative Management Committee.

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