Utah's Constitutional Takings Issues Act
The Constitutional Takings Issues Act is a provision in the Utah Code, which requires that local governments establish a process to regularly review actions which may involve property takings or exactions. The Act also provides that a property owner may request a review to determine if the owners’ property has been taken by a local action.
The Act is intended to raise awareness of takings issues, and to help avoid litigation.
See also The Private Property Protection Act, which applies similar requirements to state agencies.
The Act is found in the Utah Code at Chapter 4 of Title 63L.
All local government units of the state are subject to the Act. This includes cities, counties, special service districts, and school districts, but not State or Federal Government agencies.
The Act does not apply when a local government formally uses eminent domain to acquire property.
A “Constitutional Taking Issue” refers to actions that may involve the physical taking or exaction of private property, such that compensation may be required by the Federal or State Constitution.
See “Takings” , “Exactions”, and “Takings and Eminent Domain” for more information about property takings and exactions.
The Act encourages cities, counties, and local districts to consider the impact that actions have on real property. Local governments are required to establish guidelines “to assist them in identifying actions involving the physical taking or exaction of private real property,” and to use those guidelines to assess actions that may involve takings issues.
The guidelines are advisory, and there is no liability if the local government does not fully comply with them.
Each local government unit is required to have a procedure by which property owners may appeal a decision which has taking implications within 30 days after the decision is made. If an appeal is filed, the local government has 14 days to consider the appeal, or the decision presumed to have been approved.
This appeal process is not mandatory, and it is not necessary that this type of appeal be filed before a claim may be pursued further.
