Utah § 17-81-305 - Eminent domain restrictions -- Notice of hearing.

Full text of Utah Utah Code § 17-81-305 — Eminent domain restrictions -- Notice of hearing., with citation guidance and answers to common questions.

§ 17-81-305. Eminent domain restrictions -- Notice of hearing.

Effective 11/6/2025
17-81-305.  Eminent domain restrictions -- Notice of hearing.
(1)A political subdivision having or exercising eminent domain powers may not condemn for any purpose any land within an agriculture protection area that is being used for agricultural production, land within an industrial protection area that is being put to an industrial use, or land within a critical infrastructure materials protection area, unless the political subdivision obtains approval, according to the procedures and requirements of this section, from the applicable legislative body and the advisory board.
(2)Any condemnor wishing to condemn property within an agriculture protection area, industrial protection area, or critical infrastructure materials protection area shall file a notice of condemnation with the applicable legislative body and the relevant protection area's advisory board at least 30 days before filing an eminent domain complaint.
(3)The applicable legislative body and the advisory board shall:
(a)hold a joint public hearing on the proposed condemnation at a location within the county in which the relevant protection area is located; and
(b)publish notice of the time, date, place, and purpose of the public hearing for the relevant protection area, as a class A notice under Section 63G-30-102, for at least seven days.
(4)
(a)If the condemnation is for highway purposes or for the disposal of solid or liquid waste materials, the applicable legislative body and the advisory board may approve the condemnation only if there is no reasonable and prudent alternative to the use of the land within the agriculture protection area, industrial protection area, or critical infrastructure materials protection area for the project.
(b)If the condemnation is for any other purpose, the applicable legislative body and the advisory board may approve the condemnation only if:
(i)the proposed condemnation would not have an unreasonably adverse effect upon the preservation and enhancement of:
(A)agriculture within the agriculture protection area;
(B)the industrial use within the industrial protection area; or
(C)critical infrastructure materials operations within the critical infrastructure materials protection area; or
(ii)there is no reasonable and prudent alternative to the use of the land within the relevant protection area for the project.
(5)
(a)Within 60 days after receipt of the notice of condemnation, the applicable legislative body and the advisory board shall approve or reject the proposed condemnation.
(b)If the applicable legislative body and the advisory board fail to act within the 60 days or such further time as the applicable legislative body establishes, the condemnation shall be considered rejected.
(6)The applicable legislative body or the advisory board may request the county or municipal attorney to bring an action to enjoin any condemnor from violating any provisions of this section.


Renumbered and Amended by Chapter 14, 2025 Special Session 1

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 17-81-305

What does Utah Code § 17-81-305 cover?

Section 17-81-305 ("Eminent domain restrictions -- Notice of hearing.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 17-81-305?

A common citation format is "Utah Code § 17-81-305" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 17-81-305 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.