reglab/housing_qa huggingface dataset:
UT Code § 78B-6-316 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 3 - Contempt|Section 316 - Compensatory service for violation of parent-time order or failure to pay child support.

78B-6-316. Compensatory service for violation of parent-time order or failure to pay child support.    (1) If a court finds by a preponderance of the evidence that a parent has refused to comply with the minimum amount of parent-time ordered in a decree of divorce, the court shall order the parent to:   (a) perform a minimum of 10 hours of compensatory service; and     (b) participate in workshops, classes, or individual counseling to educate the parent about the importance of complying with the court order and providing a child a continuing relationship with both parents.       (2) If a custodial parent is ordered to perform compensatory service or undergo court-ordered education, there is a rebuttable presumption that the noncustodial parent be granted parent-time by the court to provide child care during the time the custodial parent is complying with compensatory service or education in order to recompense him for parent-time wrongfully denied by the custodial parent under the divorce decree.     (3) If a noncustodial parent is ordered to perform compensatory service or undergo court-ordered education, the court shall attempt to schedule the compensatory service or education at times that will not interfere with the noncustodial parent's parent-time with the child.     (4) The person ordered to participate in court-ordered education is responsible for expenses of workshops, classes, and individual counseling.     (5) If a court finds by a preponderance of the evidence that an obligor, as defined in Section 78B-12-102, has refused to pay child support as ordered by a court in accordance with Title 78B, Chapter 12, Utah Child Support Act, the court shall order the obligor to:   (a) perform a minimum of 10 hours of compensatory service; and     (b) participate in workshops, classes, or individual counseling to educate the obligor about the importance of complying with the court order and providing the children with a regular and stable source of support.       (6) The obligor is responsible for the expenses of workshops, classes, and individual counseling ordered by the court.     (7) If a court orders an obligor to perform compensatory service or undergo court-ordered education, the court shall attempt to schedule the compensatory service or education at times that will not interfere with the obligor's parent-time with the child.     (8) The sanctions that the court shall impose under this section do not prevent the court from imposing other sanctions or prevent any person from bringing a cause of action allowed under state or federal law.     (9) The Legislature shall allocate the money from the Children's Legal Defense Account to the judiciary to defray the cost of enforcing and administering this section.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-401 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 4 - Declaratory Judgments|Section 401 - Jurisdiction of district courts -- Form -- Effect.

78B-6-401. Jurisdiction of district courts -- Form -- Effect.    (1) Each district court has the power to issue declaratory judgments determining rights, status, and other legal relations within its respective jurisdiction. An action or proceeding may not be open to objection on the ground that a declaratory judgment or decree is prayed for.     (2) The declaration may be either affirmative or negative in form and effect and shall have the force and effect of a final judgment or decree.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-402 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 4 - Declaratory Judgments|Section 402 - Court's general powers.

78B-6-402. Court's general powers.  The provisions of Sections 78B-6-408, 78B-6-409, and 78B-6-410 do not limit or restrict the exercise of the general powers conferred in Section 78B-6-401 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-403 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 4 - Declaratory Judgments|Section 403 - Parties.

78B-6-403. Parties.    (1) When declaratory relief is sought all persons shall be made parties who have or claim any interest which would be affected by the declaration, and a declaration may not prejudice the rights of persons not parties to the proceeding.     (2) In any proceeding which involves the validity of a municipal or county ordinance or franchise, the municipality or county shall be made a party, and shall be entitled to be heard.     (3) If a statute or state franchise or permit is alleged to be invalid, the attorney general shall be served with a copy of the proceeding and be entitled to be heard.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-404 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 4 - Declaratory Judgments|Section 404 - Discretion to deny declaratory relief.

78B-6-404. Discretion to deny declaratory relief.  The court may refuse to render or enter a declaratory judgment or decree where a judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-405 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 4 - Declaratory Judgments|Section 405 - Appeals and reviews.

78B-6-405. Appeals and reviews.  All orders, judgments, and decrees under this part may be reviewed in the same manner as other orders, judgments, and decrees.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-406 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 4 - Declaratory Judgments|Section 406 - Supplemental relief.

78B-6-406. Supplemental relief.  Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application for further relief shall be by petition to a court having jurisdiction to grant the relief. If the application is considered sufficient, the court shall, on reasonable notice, require any adverse party, whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be immediately granted.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-407 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 4 - Declaratory Judgments|Section 407 - Trial of issues of fact.

78B-6-407. Trial of issues of fact.  When a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried in the court in which the proceeding is pending and determined in the same manner as issues of fact are tried and determined in other civil actions in the court.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-408 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 4 - Declaratory Judgments|Section 408 - Rights, status, legal relations under instruments, or statutes may be determined.

78B-6-408. Rights, status, legal relations under instruments, or statutes may be determined.  A person with an interest in a deed, will, or written contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may request the district court to determine any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-409 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 4 - Declaratory Judgments|Section 409 - Contracts.

78B-6-409. Contracts.  A contract may be construed before or after there has been a breach.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-410 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 4 - Declaratory Judgments|Section 410 - Suit by fiduciary or representative.

78B-6-410. Suit by fiduciary or representative.  Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may petition the court for a declaratory judgment:  (1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;      (2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or     (3) to determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-411 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 4 - Declaratory Judgments|Section 411 - Costs.

78B-6-411. Costs.  In any proceeding under this part the court may make an award of costs it considers equitable and just.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-412 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 4 - Declaratory Judgments|Section 412 - Chapter to be liberally construed.

78B-6-412. Chapter to be liberally construed.  This chapter is to be remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-502 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 5 - Eminent Domain|Section 502 - Estates and rights that may be taken.

78B-6-502. Estates and rights that may be taken.  The following estates and rights in lands are subject to being taken for public use:  (1) a fee simple, when taken for:   (a) public buildings or grounds;     (b) permanent buildings;     (c) reservoirs and dams, and permanent flooding occasioned by them;     (d) any permanent flood control structure affixed to the land;     (e) an outlet for a flow, a place for the deposit of debris or tailings of a mine, mill, smelter, or other place for the reduction of ores; and     (f) solar evaporation ponds and other facilities for the recovery of minerals in solution, except when the surface ground is underlaid with minerals, coal, or other deposits sufficiently valuable to justify extraction, only a perpetual easement may be taken over the surface ground over the deposits;       (2) an easement, when taken for any other use; and     (3) the right of entry upon and occupation of lands, with the right to take from those lands earth, gravel, stones, trees, and timber as necessary for a public use.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-503 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 5 - Eminent Domain|Section 503 - Private property which may be taken.

78B-6-503. Private property which may be taken.  Private property which may be taken under this part includes:  (1) all real property belonging to any person;     (2) lands belonging to the state, or to any county, city or incorporated town, not appropriated to some public use;     (3) property appropriated to public use; provided that the property may not be taken unless for a more necessary public use than that to which it has already been appropriated;     (4) franchises for toll roads, toll bridges, ferries, and all other franchises; provided that the franchises may not be taken unless for free highways, railroads, or other more necessary public use;     (5) all rights of way for any and all purposes mentioned in Section 78B-6-501 hereof, and any and all structures and improvements on the property, and the lands held or used in connection with the property, shall be subject to be connected with, crossed, or intersected by any other right of way or improvement or structure; they shall also be subject to a limited use in common with the owners, when necessary; but uses of crossings, intersections, and connections shall be made in the manner most compatible with the greatest public benefit and the least private injury; and     (6) all classes of private property not enumerated if the taking is authorized by law.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-503.5 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 5 - Eminent Domain|Section 503.5 - Other property which may be taken -- State as plaintiff.

78B-6-503.5. Other property which may be taken -- State as plaintiff.    (1) Subject to Subsections (2) and (3), property which may be taken under this part includes property possessed by the federal government unless the property was acquired by the federal government with the consent of the Legislature and in accordance with the United States Constitution Article I, Section 8, Clause 17.     (2) The state shall be the plaintiff described in Section 78B-6-507 in an action to condemn property described in Subsection (1).     (3) The following do not apply to an action authorized under Subsection (1):   (a) Section 78B-6-505;     (b) Section 78B-6-520;     (c) Section 78B-6-521; and     (d)Title 57, Chapter 12, Utah Relocation Assistance Act.      Enacted by Chapter 250, 2010 General Session
UT Code § 78B-6-504 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 5 - Eminent Domain|Section 504 - Conditions precedent to taking.

78B-6-504. Conditions precedent to taking.    (1) Before property can be taken it must appear that:   (a) the use to which it is to be applied is a use authorized by law;     (b) the taking is necessary for the use;     (c) construction and use of all property sought to be condemned will commence within a reasonable time as determined by the court, after the initiation of proceedings under this part; and     (d) if already appropriated to some public use, the public use to which it is to be applied is a more necessary public use.       (2)   (a) As used in this section, "governing body" means:   (i) for a county, city, or town, the legislative body of the county, city, or town; and     (ii) for any other political subdivision of the state, the person or body with authority to govern the affairs of the political subdivision.       (b) Property may not be taken by a political subdivision of the state unless the governing body of the political subdivision approves the taking.     (c) Before taking a final vote to approve the filing of an eminent domain action, the governing body of each political subdivision intending to take property shall provide written notice to each owner of property to be taken of each public meeting of the political subdivision's governing body at which a vote on the proposed taking is expected to occur and allow the property owner the opportunity to be heard on the proposed taking.     (d) The requirement under Subsection (2)(c) to provide notice to a property owner is satisfied by the governing body mailing the written notice to the property owner:   (i) at the owner's address as shown on the records of the county assessor's office; and     (ii) at least 10 business days before the public meeting.        Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-506 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 5 - Eminent Domain|Section 506 - Right of entry for survey and location.

78B-6-506. Right of entry for survey and location.    (1) If land is required for public use, the person or the person's agent in charge of the use may survey and locate the property. It must be located in the manner which will be most compatible with the greatest public good and the least private injury, and subject to the provisions of this chapter.     (2)   (a) The person or the person's agent in charge of the public use may, at reasonable times and upon reasonable notice, enter upon the land and make examinations, surveys, and maps of the land.     (b) Entry upon land as authorized under Subsection (2)(a) does not constitute a cause of action in favor of the owners of the lands, except for actual damage to the land and improvements on the land caused by the entry and which is not repaired on or before the date the examinations and surveys are completed.      Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-507 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 5 - Eminent Domain|Section 507 - Complaint -- Contents.

78B-6-507. Complaint -- Contents.    (1) The complaint shall contain:   (a) the name of the corporation, association, commission or person in charge of the public use for which the property is sought, who must be styled plaintiff;     (b) the names of all owners and claimants of the property, if known, or a statement that they are unknown, who must be styled defendants;     (c) a statement of the right of the plaintiff;     (d) if a right of way is sought, its location, general route, beginning and ending, and be accompanied by a map of the proposed right of way, as it is involved in the action or proceeding;     (e) if any interest in land is sought for a right of way or associated facilities for a subject activity as defined in Section 19-3-318:   (i) the permission of the governor with the concurrence of the Legislature authorizing:   (A) use of the site for the subject activity; and     (B) use of the proposed route for the subject activity; and       (ii) the proposed route as required by Subsection (1)(d); and       (f) a description of each piece of land sought to be taken, and whether it includes the whole or only part of an entire parcel or tract.       (2) All parcels lying in the county and required for the same public use may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the convenience of parties.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-508 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 5 - Eminent Domain|Section 508 - Who may appear and defend.

78B-6-508. Who may appear and defend.  All persons in occupation of, or having or claiming an interest in, any of the property described in the complaint, or in the damages for the taking, though not named, including shareholders in a mutual stock water company in a proceeding involving the taking of the company or property belonging to the company, may appear, plead and defend, each in respect to his own property or interest, or that claimed by him, in the same manner as if named in the complaint.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-511 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 5 - Eminent Domain|Section 511 - Compensation and damages -- How assessed.

 Effective 5/12/2020  78B-6-511. Compensation and damages -- How assessed.    (1) The court, jury, or referee shall hear any legal evidence offered by any of the parties to the proceedings, and determine and assess:   (a)   (i) the value of the property sought to be condemned as a whole, including all improvements pertaining to the property; and     (ii) the value of each separate interest in the property;       (b) if the property sought to be condemned constitutes only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned and the construction of the improvement in the manner proposed by the plaintiff;     (c) if the property, though no part of it is taken, will be damaged by the construction of the proposed improvement, and the amount of the damages;     (d) separately, how much the portion not sought to be condemned, and each estate or interest in it, will be benefitted, if at all, by the construction of the improvement proposed by the plaintiff , provided that if the benefit is equal to the damages assessed under Subsection (1)(b), the owner of the parcel shall be allowed no compensation except the value of the portion taken; but if the benefit is less than the damages assessed, the former shall be deducted from the latter, and the remainder shall be the only damages allowed in addition to the value of the portion taken;     (e) if the property sought to be condemned consists of water rights or part of a water delivery system or both, and the taking will cause present or future damage to or impairment of the water delivery system not being taken, including impairment of the system's carrying capacity, an amount to compensate for the damage or impairment; and     (f) if land on which crops are growing at the time of service of summons is sought to be condemned, the value that those crops would have had after being harvested, taking into account the expenses that would have been incurred cultivating and harvesting the crops.       (2) In determining the market value of the property before the taking and the market value of the property after the taking to assess damages in partial takings cases as described in Subsection (1)(b), the court, jury, or referee:   (a) may consider everything a willing buyer and a willing seller would consider in determining the market value of the property after the taking; and     (b) may not consider the assessed value on the property tax assessment for the property unless the court determines that the assessed value on the property tax assessment constitutes an admission by a party opponent.       Amended by Chapter 290, 2020 General Session
UT Code § 78B-6-512 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 5 - Eminent Domain|Section 512 - Damages -- When right has accrued -- Mitigation or reduction -- Improvements.

78B-6-512. Damages -- When right has accrued -- Mitigation or reduction -- Improvements.    (1) For the purpose of assessing compensation and damages, the right to compensation and damages shall be considered to have accrued at the date of the service of summons, and its actual value at that date shall be the measure of compensation for all property to be actually taken, and the basis of damages to property not actually taken, but injuriously affected, in all cases where damages are allowed, as provided in Section 78B-6-511.     (2) The court or the jury shall consider mitigation or reduction of damages in its assessment of compensation and damages if, after the date of the service of summons, the plaintiff:   (a) mitigates the damages to the property; or     (b) reduces the amount of property actually taken.       (3) Improvements put upon the property by the property owner subsequent to the date of service of summons may not be included in the assessment of compensation or damages.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-513 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 5 - Eminent Domain|Section 513 - When title sought found defective -- Another action allowed.

78B-6-513. When title sought found defective -- Another action allowed.  If the title attempted to be acquired is found to be defective from any cause, the plaintiff may again institute proceedings to acquire the property as prescribed in this part.  Renumbered and Amended by Chapter 3, 2008 General Session