§ 13-43-102. Definitions.

     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:

(a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or

(b) Utah Constitution Article I, Section 22.

(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:

(a) involve constitutional issues arising from the use or ownership of real property;

(b) require a governmental unit to compensate a real property owner for a constitutional taking; or

(c) provide for relocation assistance to those persons who are displaced by the use of eminent domain.

Enacted by Chapter 258, 2006 General Session