Utah § 54-3-28 - Notice required of certain public utilities before preparing or amending a long-range plan or acquiring certain property.
Full text of Utah Utah Code § 54-3-28 — Notice required of certain public utilities before preparing or amending a long-range plan or acquiring certain property., with citation guidance and answers to common questions.
§ 54-3-28. Notice required of certain public utilities before preparing or amending a long-range plan or acquiring certain property.
Effective 2/27/2023 54-3-28.
Notice required of certain public utilities before preparing or amending a long-range plan or acquiring certain property.
whose services or facilities are likely to require expansion or significant modification because of expected uses of land under a proposed long-range plan or under proposed amendments to a long-range plan; or
(B)
that has filed with the specified public utility a copy of the general or long-range plan of the county, municipality, special district, special service district, school district, interlocal cooperation entity, or specified public utility.
(ii)
"Affected entity" does not include the specified public utility that is required under Subsection (2) to provide notice.
(b)
"Specified public utility" means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1.
(2)
(a)
If a specified public utility prepares a long-range plan regarding the specified public utility's facilities proposed for the future in a county of the first or second class or amends an already existing long-range plan, the specified public utility shall, before preparing a long-range plan or amendments to an existing long-range plan, provide written notice, as provided in this section, of the specified public utility's intent to prepare a long-range plan or to amend an existing long-range plan.
indicate that the specified public utility intends to prepare a long-range plan or to amend a long-range plan, as the case may be;
(ii)
describe or provide a map of the geographic area that will be affected by the long-range plan or amendments to a long-range plan;
(iii)
be sent to:
(A)
each county in whose unincorporated area and each municipality in whose boundaries is located the land on which the proposed long-range plan or amendments to a long-range plan are expected to indicate that the proposed facilities will be located;
(B)
each affected entity;
(C)
the Utah Geospatial Resource Center created in Section 63A-16-505;
the state planning coordinator appointed under Section 63J-4-401;
(iv)
with respect to the notice to counties and municipalities described in Subsection (2)(b)(iii)(A) and affected entities, invite them to provide information for the specified public utility to consider in the process of preparing, adopting, and implementing the long-range plan or amendments to a long-range plan concerning:
(A)
impacts that the use of land proposed in the proposed long-range plan or amendments to a long-range plan may have on the county, municipality, or affected entity; and
(B)
uses of land that the county, municipality, or affected entity is planning or considering that may conflict with the proposed long-range plan or amendments to a long-range plan; and
(v)
include the address of an Internet website, if the specified public utility has one, and the name and telephone number of an individual where more information can be obtained concerning the specified public utility's proposed long-range plan or amendments to a long-range plan.
(3)
(a)
Except as provided in Subsection (3)(d), each specified public utility intending to acquire real property in a county of the first or second class for the purpose of expanding the specified public utility's infrastructure or other facilities used for providing the services that the specified public utility is authorized to provide shall provide written notice, as provided in this Subsection (3), of the specified public utility's intent to acquire the property if the intended use of the property is contrary to:
(i)
the anticipated use of the property under the county or municipality's general plan; or
indicate that the specified public utility intends to acquire real property;
(ii)
identify the real property; and
(iii)
be sent to:
(A)
each county in whose unincorporated area and each municipality in whose boundaries the property is located; and
(B)
each affected entity.
(c)
A notice under this Subsection (3) is a protected record as provided in Subsection 63G-2-305(8).
(d)
(i)
The notice requirement of Subsection (3)(a) does not apply if the specified public utility previously provided notice under Subsection (2) identifying the general location within the municipality or unincorporated part of the county where the property to be acquired is located.
(ii)
If a specified public utility is not required to comply with the notice requirement of Subsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility shall provide the notice specified in Subsection (3)(a) as soon as practicable after the specified public utility's acquisition of the real property.
Section 54-3-28 ("Notice required of certain public utilities before preparing or amending a long-range plan or acquiring certain property.") 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 § 54-3-28?
A common citation format is "Utah Code § 54-3-28" (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 § 54-3-28 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.
