Utah § 78B-6-503 Private property which may be taken.

Utah Statutes

§ 78B-6-503 — Private property which may be taken.

Utah § 78B-6-503

Title 78BJudicial Code

Ch. 78B-6Particular Proceedings

Part 78B-6-5Eminent Domain

This text of Utah § 78B-6-503 (Private property which may be taken.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-6-503 (2026).

Text

Except as provided in Subsection 78B-6-501(3), (4), or (5), private property that may be taken under this part includes:

(1)all real property belonging to any person;

(2)lands belonging to the state, or to any county, city or incorporated town, not appropriated to some public use;

(3)property appropriated to public use, except that the property may not be taken unless for a more necessary public use than that to which the property has already been appropriated;

(4)franchises for toll roads, toll bridges, ferries, and all other franchises, except that the franchises may not be taken unless for free highways, railroads, or other more necessary public use;

(5)all rights of way for any and all purposes mentioned in Section 78B-6-501, and any and all structures and improvements on the prop

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Except as provided in Subsection 78B-6-501(3), (4), or (5), private property that may be taken under this part includes:
(1) all real property belonging to any person;
(2) lands belonging to the state, or to any county, city or incorporated town, not appropriated to some public use;
(3) property appropriated to public use, except that the property may not be taken unless for a more necessary public use than that to which the property has already been appropriated;
(4) franchises for toll roads, toll bridges, ferries, and all other franchises, except that the franchises may not be taken unless for free highways, railroads, or other more necessary public use;
(5) all rights of way for any and all purposes mentioned in Section 78B-6-501, and any and all structures and improvements on the property, and the lands held or used in connection with the property, except that:
(5)(a) the property is subject to be connected with, crossed, or intersected by any other right of way or improvement or structure;
(5)(b) the property is subject to a limited use in common with the owners, when necessary; and
(5)(c) uses of crossings, intersections, and connections shall be made in the manner most compatible with the greatest public benefit and the least private injury; and
(6) all classes of private property not enumerated if the taking is authorized by law.