2023 Utah Code › Title 63M - Governor's Programs › Chapter 6 - Military Base Easements Act › Part 2 - Easements and Improvements › Section 201 - Acquisition of easements -- Restrictions -- Resale.

Effective 7/1/2021
63M-6-201.
Acquisition of easements -- Restrictions -- Resale.
(1)
(a) The Governor's Office of Economic Opportunity shall acquire, by purchase or condemnation, easements for the establishment, maintenance, and operation of a restrictive use area for the operation of aircraft to and from Hill Air Force Base because:
(i) Hill Air Force Base is a military installation of vital importance to security of the United States of America and to the economic well-being of the citizens of Utah;
(ii) there are certain portions of land around the entire base that are being developed for residential and other uses that are incompatible with current and future operations of the base because of noise, health, safety, and accident reasons; and
(iii) it is the purpose of this chapter for the state to acquire those easements restricting the use of those lands and the air space above them in order to assure the continued operation of Hill Air Force Base as an active military base and to protect the health, safety, and economic well-being of the citizens of Utah.
(b) The Governor's Office of Economic Opportunity may delegate its power to purchase or condemn easements under this subsection to other state agencies if the department ensures that those agencies comply with the procedures and requirements of this chapter.
(2)
(a) The Governor's Office of Economic Opportunity shall ensure that the easements restrict the land from those uses identified in the Hill Air Force Base AICUZ Land Use Compatibility Guidelines Study, as amended, dated October, 1982, as not being acceptable.
(b) The Governor's Office of Economic Opportunity may allow certain other uses not prohibited by those guidelines if those uses are consistent with the purpose of this chapter.
(c) Nothing in this chapter may be construed to authorize the Governor's Office of Economic Opportunity or any other state agency to:
(i) acquire any ownership interest in real property other than an easement restricting the land from future uses inconsistent with the Hill Air Force Base AICUZ Land Use Compatibility Guidelines Study, as amended, dated October 1982;
(ii) purchase businesses; or
(iii) require people to relocate or move from their property.
(d) To calculate the purchase price for the easements, the Governor's Office of Economic Opportunity shall subtract the market value of the real property and its improvements after the acquisition of the easements from the market value of the real property and its improvements before the acquisition of the easements.
(e) When the Hill Air Force Base runways have not been used for seven years to accommodate the arrival and departure of airplanes, the Governor's Office of Economic Opportunity shall:
(i) notify by certified mail each current owner of the property to which each easement is attached;
(ii) inform that owner that the owner may purchase the easement from the state for the same price that the state paid for it originally or for the market value of the easement at the time of the buyback, whichever is smaller; and
(iii) sell the easement to the owner of the property to which the easement is attached if the owner tenders the purchase price.
(f) In addition to purchasing the easements required by this chapter, the Governor's Office of Economic Opportunity may provide reasonable relocation expenses to all churches, businesses, and schools that, as of March 1, 1994, were located either within the north Hill Air Force Base accident potential zone (APZ) identified in Subsection 63M-6-202(1)(a) or within the south Hill Air Force Base accident potential zone (APZ) identified in Subsection 63M-6-202(1)(b) if those churches, businesses, and schools can reasonably demonstrate that expansion of the use would have been permitted before acquisition of the easements but is now prohibited because of the easement.
(3)
(a) The Governor's Office of Economic Opportunity may take action to enforce the provisions of this chapter.
(b) The attorney general shall represent the Governor's Office of Economic Opportunity in that action.
Amended by Chapter 282, 2021 General Session