Utah § 19-6-206 - Exclusive remedy for devaluation of property caused by approved facility.

Full text of Utah Utah Code § 19-6-206 — Exclusive remedy for devaluation of property caused by approved facility., with citation guidance and answers to common questions.

§ 19-6-206. Exclusive remedy for devaluation of property caused by approved facility.

Effective 7/1/2024
19-6-206. Exclusive remedy for devaluation of property caused by approved facility.

(1)

(a)

Before construction of a hazardous waste management facility, but in no case later than nine months after approval of a plan for a hazardous waste treatment, storage, or disposal facility, any owner or user of property adversely affected by approval may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, against the owner of the proposed facility.

(b)

If the court determines that the planned construction and operation of the hazardous waste management facility will result in the devaluation of the plaintiff's property or will otherwise interfere with the plaintiff's rights in the property, the court shall order the owner to compensate the plaintiff in an amount equal to the value of the plaintiff's loss.

(2)

The remedy provided in Subsection (1) is the exclusive remedy for owners or users aggrieved by the proposed construction and operation of a hazardous waste treatment, disposal, or storage facility, and no court has jurisdiction to enjoin the construction or operation of any facility located at a site included in the siting plan adopted by the board.

(3)

(a)

Nothing in this part prevents an owner or user of property aggrieved by the construction and operation of a facility from seeking damages that result from a subsequent modification of the design or operation of a facility but damages are limited to the incremental damage that results from the modification.

(b)	Any action for damages from a modification shall be brought within nine months after the plans for modification of the design or operation of the facility are approved.

(4)

For the purpose of assessing damages, the value of the rights affected is fixed at the date the facility plan is approved and the actual value of the right at that date is the basis for the determination of the amount of damage suffered, and no improvements to the property subsequent to the date of approval of the plans shall be included in the assessment of damages. Similarly, for any subsequent modification of a facility, value is fixed at the date of approval of the amended facility plan.

(5)

(a)	The owner or operator of a proposed facility may, at any time before an award of damages, abandon the construction or operation of the facility or any modification and cause the action to be dismissed.

(b)	As a condition of dismissal, however, the owner or operator shall compensate the plaintiff for any actual damage sustained as a result of construction or operation of the facility before abandonment together with court costs and a reasonable attorney's fee.

(6)	Nothing in this part prevents a court from enjoining any activity at a hazardous waste facility that is outside of, or not in compliance with, the terms and conditions of an approved hazardous waste operations plan.

Amended by Chapter 158, 2024 General Session

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

Frequently Asked Questions About Utah § 19-6-206

What does Utah Code § 19-6-206 cover?

Section 19-6-206 ("Exclusive remedy for devaluation of property caused by approved facility.") 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 § 19-6-206?

A common citation format is "Utah Code § 19-6-206" (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 § 19-6-206 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

Official text of § 19-6-206 at the Utah source

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