Terms Used In Utah Code > Title 17C > Chapter 1 > Part 9 - Eminent Domain

• 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.
• Appraisal: A determination of property value.
• Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-6-2
• Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
• Community: means a county or municipality. See Utah Code 17C-1-102
• Community reinvestment project area plan: means a project area plan adopted under Chapter 5, Part 1, Community Reinvestment Project Area Plan. See Utah Code 17C-1-102
• Condensate: means hydrocarbons, regardless of gravity, that:
       (3)(a) occur naturally in the gaseous phase in the reservoir; and
       (3)(b) are separated from the natural gas as liquids through the process of condensation either in the reservoir, in the wellbore, or at the surface in field separators. See Utah Code 40-6-2
• Correlative rights: means the opportunity of each owner in a pool to produce the owner's just and equitable share of the oil and gas in the pool without waste. See Utah Code 40-6-2
• Crude oil: means hydrocarbons, regardless of gravity, that:
       (5)(a) are produced at the wellhead in liquid form; and
       (5)(b)

            (5)(b)(i) occur naturally in the liquid phase in the reservoir; or

            (5)(b)(ii) are produced through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). See Utah Code 40-6-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Development impediment: means a condition of an area that meets the requirements described in Section 17C-2-303 for an urban renewal project area or Section 17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102
• Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-6-2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Gas: means natural gas, as defined in Subsection (10), natural gas liquids, as defined in Subsection (11), other gas, as defined in Subsection (17), or any mixture of them. See Utah Code 40-6-2
• illegal gas: means oil or gas that has been produced from any well within the state in violation of this chapter or any rule or order of the board. See Utah Code 40-6-2
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Natural gas: includes coalbed methane gas. See Utah Code 40-6-2
• Natural gas liquids: means hydrocarbons, regardless of gravity, that are separated from natural gas as liquids in gas processing plants through the process of condensation, absorption, adsorption, or other methods. See Utah Code 40-6-2
• Oil: includes tar sands produced at the wellhead in liquid form through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). See Utah Code 40-6-2
• Oil and gas operations: means to explore for, develop, or produce oil and gas. See Utah Code 40-6-2
• Oil and gas proceeds: includes a royalty interest, overriding royalty interest, production payment interest, or working interest. See Utah Code 40-6-2
• Operator: means a person who has been designated by the owners or the board to operate a well or unit. See Utah Code 40-6-2
• Other gas: includes hydrogen sulfide, carbon dioxide, helium, and nitrogen. See Utah Code 40-6-2
• Owner: means a person who has the right:
       (18)(a) to drill into and produce from a reservoir; and
       (18)(b) to appropriate the oil and gas produced for that person or for that person and others. See Utah Code 40-6-2
• Participant: means one or more persons that enter into a participation agreement with an agency. See Utah Code 17C-1-102
• Participation agreement: means a written agreement between a person and an agency under Subsection 17C-1-202(5). See Utah Code 17C-1-102
• Person: means the same as that term is defined in Section Utah Code 40-6-2
• 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
• Pool: means an underground reservoir containing a common accumulation of oil or gas or both. See Utah Code 40-6-2
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Product: means any commodity made from oil and gas. See Utah Code 40-6-2
• Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
• Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:
       (47)(a) for an urban renewal project area, Section 17C-2-201;
       (47)(b) for an economic development project area, Section 17C-3-201;
       (47)(c) for a community development project area, Section 17C-4-204; or
       (47)(d) for a community reinvestment project area, Section 17C-5-302. See Utah Code 17C-1-102
• Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public entity: means :
       (53)(a) the United States, including an agency of the United States;
       (53)(b) the state, including any of the state's departments or agencies; or
       (53)(c) a political subdivision of the state, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity. See Utah Code 17C-1-102
• 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
• Surface land: means privately owned land:
       (26)(a) overlying privately owned oil and gas resources;
       (26)(b) upon which oil and gas operations are conducted; and
       (26)(c) owned by a surface land owner. See Utah Code 40-6-2
• Surface land owner: means a person who owns, in fee simple absolute, all or part of the surface land as shown by the records of the county where the surface land is located. See Utah Code 40-6-2
• Tax increment: means the difference between:
            (61)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
            (61)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102
• Taxing entity: means a public entity that:
       (62)(a) levies a tax on property located within a project area; or
       (62)(b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
• Waste: means :
       (30)(a) the inefficient, excessive, or improper use or the unnecessary dissipation of oil or gas or reservoir energy;
       (30)(b) the inefficient storing of oil or gas;
       (30)(c) the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes:

            (30)(c)(i) a reduction in the quantity of oil or gas ultimately recoverable from a reservoir under prudent and economical operations;

            (30)(c)(ii) unnecessary wells to be drilled; or

            (30)(c)(iii) the loss or destruction of oil or gas either at the surface or subsurface; or
       (30)(d) the production of oil or gas in excess of:

            (30)(d)(i) transportation or storage facilities; or

            (30)(d)(ii) the amount reasonably required to be produced as a result of the proper drilling, completing, testing, or operating of a well or otherwise utilized on the lease from which it is produced. See Utah Code 40-6-2
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5