63L-5-302 - Notice of claim -- Government's right to accommodate.
63L-5-302. Notice of claim -- Government's right to accommodate.
(1) A person may not bring an action under Section 63L-5-301 unless, 60 days beforebringing the action, the person sends written notice of the intent to bring an action.
(2) The notice shall be addressed to the government entity imposing the land useregulation, and shall be prepared and delivered according to the requirements of Subsection63G-7-401(3).
(3) Mailing of the notice required by Subsection (1) tolls the limitation period forbringing an action under this chapter for a period of 75 days, starting on the day the notice wasmailed.
(4) Notwithstanding Subsection (1), a person may bring an action under Section63L-5-301 before the expiration of the 60-day notice period if:
(a) the imposition of a substantial burden on the person's free exercise of religion by theland use regulation is imminent; and
(b) the person was not informed of and did not otherwise have knowledge of the land useregulation in time to reasonably provide 60 days notice.
(5) (a) A government entity provided with the notice required by Subsection (2) mayremedy the substantial burden on the person's free exercise of religion:
(i) before the expiration of the 60-day notice period; or
(ii) in the case of an action properly brought according to Subsection (4), before theadjudication of a court hearing on the action.
(b) Nothing in this section prevents a government entity from providing a remedy afterthese time periods.
(6) The court may not award compensatory damages, attorney's fees, costs, or otherexpenses to a person if the substantial burden has been cured by a remedy implemented by thegovernment entity according to Subsection (5)(a).
Renumbered and Amended by Chapter 382, 2008 General Session