BOARD00761

• Board Meeting Date: 1/23/2002
• Description: 63rd General Assembly Issues
• Board Meetings - Doc Type: Memo

(c) COMPENSATION TO THE OWNER PURSUANT TOTHIS SECTION SHALL BE PAID FROM REVENUES OF THE

GOVERNMENTAL ENTITY.
(6) IF, AF1ER THE GOVERNMENTAL ENTITY ELECTS TO PAY COMPENSATION TO THE OWNER IN ACCORDANCE WI'
PARAGRAPH (b) OF SUBSECTION (5) OF THIS SECTION, THE GOVERNMENTAL ENTITY FAILS TO PAY COMPENSATION TO THE

OWNER, THE COURT SHALL REINSTATE THAT PART OF THE JUDGMENT OR ORDER WITHDRAWN BY niE DISTRICT COURT

PURSUANT TO PARAGRAPH (a) OF SUBSECTION (5) OF THIS SECTION.

(7) ANY PARTY AGGRIEVED BY A JUDGMENT RENDERED UNDER THIS SECTION MAY APPEAL THE JUDGEMENT AS
PROVIDED BY LAW.

(8) IF AN OWNER PREVAILS IN AN ACTION BROUGHT BEFORE THE DISTRICT COURT PURSUANT TO THIS SECTION

AND THE GOVERNMENTAL ENTITY APPEALS, THE COURT SHALL ENJOIN THE GOVERNMENTAL ENTITY FROM ENFORCING,

MAINTAINING, OR IMPLEMENTING THE GOVERNMENTAL ACTION THAT GAVE RISE TO THE JUDICIAL PROCEEDING DURING

THE PENDENCY OF THE APPEAL.

(9) THE DISTRICT COURT SHALL AWARD AN OWNER WHO PREVAILS IN AN ACTION BROUGHT UNDER TIllS SECTION

THE OWNER'S REASONABLE ATIORNEY FEES, APPRAISAL FEES, AND COSTS OF THE ACTION.

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29-20-306. Exceptions. (I) EXCEPT AS EXPRESSL YPROVIDED, THIS PART 3 DOES NOT AFFECT THE SOVERE!"
IMMUNITY THAT ANY GOVERNMENTAL ENTITY MAY POSSESS UNDER LAW.

(2) THIS PART 3 SHALL NOT BE CONSTRUED TO AFFECT EXISTING STATUTORY PROVISIONS REGARDING

GOVERNMENTAL POWERS OF EMINENT DOMAIN FOR TRANSPORTATION PURPOSES.

(3) THIS PART 3 SHALL NOT BE CONSTRUED TO SUPERCEDE OR REPLACE METHODS AGREED TO BY PARTIES TO A

DISPUTE AND LAWFULLY AVAILABLE FOR ARBITRATION, MEDIATION, OR OTHER FORMS OF ALTERNATIVE DISPUTE

RESOLUTION, AND GOVERNMENTAL ENTITIES ARE ENCOURAGFD TO UTILIZE SUCH METHODS TO AUGMENT OR FACILITATE

THE PROCESSES AND ACTIONS CONTEMPLATED BY THIS PART 3.

SECTION 20 Effective date - applicability. (1) This act shall take effect September I, 2002, unless a

referendum petition is filed during the ninety-day period after final adjournment of the general assembly that is allowed for

submitting a referendum petition pursuant to article V, section I (3) of the state constitution. If such a referendum petition

is filed against this act or an item, section, or part of this acf within such period, then the act, item, section, or part, if

approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the

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governor.

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