§ 63G-7-302. Specific remedies -- "Takings" actions -- Government Records Access and Management Actions.


Latest version.
  • (1) In any action brought under the authority of Article I, Section 22, of the Utah Constitution for the recovery of compensation from the governmental entity when the governmental entity has taken or damaged private property for public uses without just compensation, compensation and damages shall be assessed according to the requirements of Title 78B, Chapter 6, Part 5, Eminent Domain.
    (2)
    (a) Notwithstanding Section 63G-7-401, a notice of claim for attorney fees under Subsection 63G-7-301(2)(e) may be filed contemporaneously with a petition for review under Section 63G-2-404.
    (b) The provisions of Subsection 63G-7-403(1), relating to the governmental entity's response to a claim, and the provisions of Section 63G-7-601, requiring an undertaking, do not apply to a notice of claim for attorney fees filed contemporaneously with a petition for review under Section 63G-2-404.
    (c) Any other claim under this chapter that is related to a claim for attorney fees under Subsection 63G-7-301(2)(e) may be brought contemporaneously with the claim for attorney fees or in a subsequent action.
Amended by Chapter 3, 2008 General Session
Renumbered and Amended by Chapter 382, 2008 General Session