§ 78B-6-507. Complaint -- Contents.

(1) The complaint shall contain:

(a) the name of the corporation, association, commission or person in charge of the public use for which the property is sought, who must be styled plaintiff;

(b) the names of all owners and claimants of the property, if known, or a statement that they are unknown, who must be styled defendants;

(c) a statement of the right of the plaintiff;

(d) if a right of way is sought, its location, general route, beginning and ending, and be accompanied by a map of the proposed right of way, as it is involved in the action or proceeding;

(e) if any interest in land is sought for a right of way or associated facilities for a subject activity as defined in Section 19-3-318:

(i) the permission of the governor with the concurrence of the Legislature authorizing:

(A) use of the site for the subject activity; and

(B) use of the proposed route for the subject activity; and

(ii) the proposed route as required by Subsection (1)(d); and

(f) a description of each piece of land sought to be taken, and whether it includes the whole or only part of an entire parcel or tract.

(2) All parcels lying in the county and required for the same public use may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the convenience of parties.

Renumbered and Amended by Chapter 3, 2008 General Session