§ 63L-3-102. Definitions.

     As used in this chapter:

(1) "Constitutional taking" or "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:

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

(b) Utah Constitution Article I, Section 22.

(2)

(a) "Governmental action" or "action" means:

(i) proposed rules and emergency rules by a state agency that if adopted and enforced may limit the use of private property unless:

(A) its provisions are in accordance with applicable state or federal statutes; and

(B) the agency has adopted and implemented the guidelines required by Section 63L-3-201;

(ii) proposed or implemented licensing or permitting conditions, requirements, or limitations to the use of private property unless:

(A) its provisions are in accordance with applicable state or federal statutes, rules, or regulations; and

(B) the agency has adopted and implemented the guidelines required by Section 63L-3-201;

(iii) required dedications or exactions from owners of private property; or

(iv) statutes and rules.

(b) "Governmental action" or "action" does not mean:

(i) activity in which the power of eminent domain is exercised formally;

(ii) repealing rules discontinuing governmental programs or amending rules in a manner that lessens interference with the use of private property;

(iii) law enforcement activity involving seizure or forfeiture of private property for violations of law or as evidence in criminal proceedings;

(iv) school and institutional trust land management activities and disposal of land and interests in land conducted pursuant to Title 53C, School and Institutional Trust Lands Management Act;

(v) orders and enforcement actions that are issued by a state agency in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and applicable federal or state statutes; or

(vi) orders and enforcement actions that are issued by a court of law in accordance with applicable federal or state statutes.

(3) "Private property" means any school or institutional trust lands and any real or personal property in this state that is protected by:

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

(b) Utah Constitution Article I, Section 22.

(4)

(a) "State agency" means an officer or administrative unit of the executive branch of state government that is authorized by law to adopt rules.

(b) "State agency" does not include the legislative or judicial branches of state government.

(5) "Takings law" means the provisions of the federal and state constitutions, the case law interpreting those provisions, and any relevant statutory provisions that require a governmental unit to compensate a private property owner for a constitutional taking.

Renumbered and Amended by Chapter 382, 2008 General Session