78B-6-505 - Negotiation and disclosure required before voting to approve an eminent domain action.
78B-6-505. Negotiation and disclosure required before voting to approve aneminent domain action.
Each person who seeks to acquire property by eminent domain or who intends to useeminent domain to acquire property if the property cannot be acquired in a voluntary transactionshall:
(1) before taking a final vote to approve the filing of an eminent domain action, make areasonable effort to negotiate with the property owner for the purchase of the property; and
(2) as early in the negotiation process under Subsection (1) as practicable but no laterthan 14 days before a final vote is taken to approve the filing of an eminent domain action, unlessthe court for good cause allows a shorter period before filing:
(a) advise the property owner of the owner's rights to mediation and arbitration underSection 78B-6-522, including the name and current telephone number of the property rightsombudsman, established in Title 13, Chapter 43, Property Rights Ombudsman Act; and
(b) provide the property owner a written statement explaining that oral representations orpromises made during the negotiation process are not binding upon the person seeking to acquirethe property by eminent domain.
Renumbered and Amended by Chapter 3, 2008 General Session