reglab/statecodes huggingface dataset:
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 514 - Payment of award -- Bond from railroad to secure fencing.

78B-6-514.
Payment of award -- Bond from railroad to secure fencing.
The plaintiff shall, within 30 days after final judgment, pay the sum of money assessed; and, if the plaintiff is a railroad company, it shall also execute to the defendant a bond, with sureties, to be determined and approved by the court or judge, conditioned that the plaintiff will build proper fences within six months from the time the railroad is built on or over the land taken. In an action on the bond all damages sustained and the cost of the construction of fences may be recovered.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 515 - Distribution of award -- Execution -- Annulment of proceedings on failure to pay.

78B-6-515.
Distribution of award -- Execution -- Annulment of proceedings on failure to pay.
Payment may be made to the defendants entitled to payment, or the money may be deposited in court for the defendants and distributed to those entitled to payment. If the money is not paid or deposited, the defendants may have execution as in civil cases; and if the money cannot be made on execution, the court upon a showing to that effect shall set aside and annul the entire proceedings, and restore possession of the property to the defendants, if possession has been taken by the plaintiff.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 516 - Judgment of condemnation -- Recordation -- Effect.

78B-6-516.
Judgment of condemnation -- Recordation -- Effect.
When payments have been made and the bond given, if the plaintiff elects to give one, as required by Sections 78B-6-514 and 78B-6-515, the court shall make a final judgment of condemnation, which shall describe the property condemned and the purpose of the condemnation. A copy of the judgment shall be filed in the office of the county recorder and the property described in it shall vest in the plaintiff for the purpose specified.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 517 - Substitution of bond for deposit paid into court -- Abandonment of action by condemner -- Conditions of dismissal.

78B-6-517.
Substitution of bond for deposit paid into court -- Abandonment of action by condemner -- Conditions of dismissal.
In the event that no order is entered by the court permitting payment of the deposit on account of the just compensation to be awarded in the proceeding within 30 days following its deposit, the court may, on application of the condemning authority, permit the substitution of a bond in an amount and with sureties as determined and approved by the court. Condemner, whether a public or private body, may, at any time prior to final payment of compensation and damages awarded the defendant by the court or jury, abandon the proceedings and cause the action to be dismissed without prejudice, provided, however, that as a condition of dismissal condemner first compensate condemnee for all damages he has sustained and also reimburse him in full for all reasonable and necessary expenses actually incurred by condemnee because of the filing of the action by condemner, including attorney fees.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 518 - Rights of cities and towns not affected.

78B-6-518.
Rights of cities and towns not affected.
Nothing in this part may be construed to abrogate or repeal any statute providing for the taking of property in any city or town for street purposes.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 519 - When right of way acquired -- Duty of party acquiring.

78B-6-519.
When right of way acquired -- Duty of party acquiring.
A party obtaining a right of way shall without delay construct crossings as required by the court or judge, and keep them and the way itself in good repair.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 520 - Action to set aside condemnation for failure to commence or complete construction within reasonable time.

78B-6-520.
Action to set aside condemnation for failure to commence or complete construction within reasonable time.
(1) In an action to condemn property, if the court makes a finding of what is a reasonable time for commencement of construction and use of all the property sought to be condemned and the construction and use is not accomplished within the time specified, the condemnee may file an action against the condemnor to set aside the condemnation of the entire parcel or any portion upon which construction and use was to have taken place.
(2) In the action, if the court finds that the condemnor, without reasonable justification, did not commence or complete construction and use within the time specified, it shall enter judgment fixing the amount the condemnor has paid the condemnee, as a result of condemnation and all amounts due the condemnee as damages sustained by reason of condemnation, including damages resulting from partial completion of the contemplated use, plus all reasonable and necessary expenses actually incurred by the condemnee including attorney fees.
(3) If amounts due the condemnee under Subsection (2) exceed amounts paid by the condemnor, or these amounts are equal, judgment shall be entered in favor of the condemnee, which judgment shall describe the property condemned and award judgment for any amounts due condemnee. A copy of the judgment shall be filed in the office of the county recorder of the county, and the property described in the judgment shall vest in the condemnee.
(4) If amounts paid by the condemnor under Subsection (2) exceed amounts due the condemnee, judgment shall be entered describing the property condemned and giving the condemnee 60 days from the date of the judgment to pay the difference between the amounts to the condemnor. If payment is made, the court shall amend the judgment to reflect the payment and order the amended judgment filed with the office of the county recorder of the county, and the property described in the judgment shall vest in the condemnee. If payment is not made, the court shall amend the judgment to reflect nonpayment and order the amended judgment filed with the county recorder.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 5 - Eminent Domain › Section 522 - Dispute resolution.

Effective 5/13/2014
78B-6-522.
Dispute resolution.
(1) In any dispute between a condemner and a private property owner arising out of this chapter, or a dispute over the taking of private property for a public use without the prior use of eminent domain, the private property owner may submit the dispute for mediation or arbitration to the Office of the Property Rights Ombudsman under Section 13-43-204.
(2) An action submitted to the Office of the Property Rights Ombudsman under authority of this section does not bar or stay any action for occupancy of premises authorized by Section 78B-6-510.
(3)
(a)
(i) A mediator or arbitrator, acting at the request of the property owner under Section 13-43-204, has standing in an action brought in district court under this chapter to file with the court a motion to stay the action during the pendency of the mediation or arbitration.
(ii) A mediator or arbitrator may not file a motion to stay under Subsection (3)(a)(i) unless the mediator or arbitrator certifies at the time of filing the motion that a stay is reasonably necessary to reach a resolution of the case through mediation or arbitration.
(b) If a stay is granted pursuant to a motion under Subsection (3)(a) and the order granting the stay does not specify when the stay terminates, the mediator or arbitrator shall file with the district court a motion to terminate the stay within 30 days after:
(i) the resolution of the dispute through mediation;
(ii) the issuance of a final arbitration award; or
(iii) a determination by the mediator or arbitrator that mediation or arbitration is not appropriate.
(4)
(a) The private property owner or displaced person may request that the mediator or arbitrator authorize an additional appraisal.
(b) If the mediator or arbitrator determines that an additional appraisal is reasonably necessary to reach a resolution of the case, the mediator or arbitrator may:
(i) have an additional appraisal of the property prepared by an independent appraiser; and
(ii) require the condemnor to pay the costs of the first additional appraisal.
Amended by Chapter 59, 2014 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 6 - Extraordinary Writs › Section 601 - Penalty for wrongful refusal to allow writ of habeas corpus.

78B-6-601.
Penalty for wrongful refusal to allow writ of habeas corpus.
Any judge, whether acting individually or as a member of a court, who wrongfully and willfully refuses to allow a writ of habeas corpus whenever proper application has been made shall forfeit and pay a sum not exceeding $5,000 to the aggrieved party.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 6 - Extraordinary Writs › Section 602 - Recommitment.

78B-6-602.
Recommitment.
(1) In all cases where it is claimed that a person is illegally or wrongfully restrained or deprived of his liberty, where restraint or imprisonment is for a criminal offense and there is not sufficient cause for release, even though the commitment may have been informally made or without due authority, or the process may have been executed by a person not duly authorized, the court or judge may make a new commitment, or allow the party to post bail, if the case is bailable.
(2) All material witnesses shall be required to appear at the same time and place and not depart without leave. All documents shall be filed in the clerk's office.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 6 - Extraordinary Writs › Section 603 - Recommitment after discharge forbidden -- Exceptions.

78B-6-603.
Recommitment after discharge forbidden -- Exceptions.
A person who has been discharged by order of the court or judge upon habeas corpus may not be imprisoned again, restrained, or kept in custody for the same cause, except in the following cases:
(1) if the person has been discharged from custody on a criminal charge and is afterward committed for the same offense by legal order or process; or
(2) if, after discharge for defect of proof or for any defect of the process, warrant or commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 6 - Extraordinary Writs › Section 604 - Refusing to exhibit authority for detention -- Penalty.

78B-6-604.
Refusing to exhibit authority for detention -- Penalty.
A person who refuses to deliver a copy of the legal process by which the person detains the plaintiff in custody to anyone who demands a copy for the purpose of filing a writ of habeas corpus is liable to the plaintiff in an amount not to exceed $200.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 6 - Extraordinary Writs › Section 605 - Penalties for wrongful acts of defendant.

78B-6-605.
Penalties for wrongful acts of defendant.
(1) A defendant, officer, or other person is guilty of a class B misdemeanor and liable to the injured party in an amount not to exceed $5,000 if:
(a) the defendant attempts to evade the service of the writ of habeas corpus; or
(b) an officer or other person willfully fails to comply with the legal duties imposed upon him or disobeys an order to release a person in custody.
(2) Any person knowingly aiding in or abetting invalidation of this section is subject to the same punishment and forfeiture.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 6 - Extraordinary Writs › Section 606 - Judgment of removal -- Costs -- Penalty by fine where state is party.

78B-6-606.
Judgment of removal -- Costs -- Penalty by fine where state is party.
If a defendant is found guilty of usurping, intruding into or unlawfully holding or exercising an office, franchise, or privilege, the court shall order the defendant removed from the office, and that the relator recover the costs of pursuing the action. The court may also, in its discretion, in actions to which the state is a party impose upon the defendant a fine not exceeding $5,000, to be paid to the state treasury.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 6 - Extraordinary Writs › Section 607 - Judgment against director of corporation -- Of induction in favor of person entitled.

78B-6-607.
Judgment against director of corporation -- Of induction in favor of person entitled.
When the action is against a director of a corporation, and the court finds that, at the election, either illegal votes were received or legal votes were rejected, or both, sufficient to change the result, the court may order the defendant removed, and judgment of induction entered in favor of the person who was entitled to be declared elected at the election.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 6 - Extraordinary Writs › Section 608 - Action for damages because of usurpation -- Limitation of action.

78B-6-608.
Action for damages because of usurpation -- Limitation of action.
A person may, at any time within one year after the date of an order for removal, bring an action against the party removed under the provisions of Section 78B-6-606 or 78B-6-607 and recover the damages sustained by the usurpation.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 6 - Extraordinary Writs › Section 609 - Mandamus and prohibition -- Judgment.

78B-6-609.
Mandamus and prohibition -- Judgment.
In any proceeding to obtain a writ of mandate or prohibition, if judgment is given for the applicant, he may recover the damages which were sustained, as found by the jury, or determined by the court, or referees upon a reference, ordered together with costs. For damages and costs an execution may issue, and a peremptory mandate shall be awarded without delay.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 6 - Extraordinary Writs › Section 610 - Disobedience of writ -- Punishment.

78B-6-610.
Disobedience of writ -- Punishment.
When a peremptory writ of mandate or writ of prohibition has been issued and directed to an inferior tribunal, corporation, board, or person, and the court determines that any member of the tribunal, corporation, board, or person upon whom the writ was personally served has, without just excuse, refused or neglected to obey the writ, the court may, upon motion, impose a fine not exceeding $500. In cases of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed, and may make any orders necessary and proper for enforcement of the writ.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 7 - Utah Product Liability Act › Section 702 - Definition -- Unreasonably dangerous.

78B-6-702.
Definition -- Unreasonably dangerous.
As used in this part, "unreasonably dangerous" means that the product was dangerous to an extent beyond which would be contemplated by the ordinary and prudent buyer, consumer, or user of that product in that community considering the product's characteristics, propensities, risks, dangers, and uses together with any actual knowledge, training, or experience possessed by that particular buyer, user, or consumer.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 7 - Utah Product Liability Act › Section 703 - Defect or defective condition making product unreasonably dangerous -- Rebuttable presumption.

78B-6-703.
Defect or defective condition making product unreasonably dangerous -- Rebuttable presumption.
(1) In any action for damages for personal injury, death, or property damage allegedly caused by a defect in a product, a product may not be considered to have a defect or to be in a defective condition, unless at the time the product was sold by the manufacturer or other initial seller, there was a defect or defective condition in the product which made the product unreasonably dangerous to the user or consumer.
(2) There is a rebuttable presumption that a product is free from any defect or defective condition where the alleged defect in the plans or designs for the product or the methods and techniques of manufacturing, inspecting and testing the product were in conformity with government standards established for that industry which were in existence at the time the plans or designs for the product or the methods and techniques of manufacturing, inspecting and testing the product were adopted.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 7 - Utah Product Liability Act › Section 704 - Prayer for damages.

78B-6-704.
Prayer for damages.
No dollar amount shall be specified in the prayer of a complaint filed in a product liability action against a product manufacturer, wholesaler or retailer. The complaint shall merely pray for such damages as are reasonable in the premises.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 7 - Utah Product Liability Act › Section 705 - Alteration or modification of product after sale as substantial contributing cause -- Manufacturer or seller not liable.

78B-6-705.
Alteration or modification of product after sale as substantial contributing cause -- Manufacturer or seller not liable.
For purposes of Section 78B-5-818, fault shall include an alteration or modification of the product, which occurred subsequent to the sale by the manufacturer or seller to the initial user or consumer, and which changed the purpose, use, function, design, or intended use or manner of use of the product from that for which the product was originally designed, tested, or intended.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 7 - Utah Product Liability Act › Section 706 - Statute of limitations.

78B-6-706.
Statute of limitations.
A civil action under this part shall be brought within two years from the time the individual who would be the claimant in the action discovered, or in the exercise of due diligence should have discovered, both the harm and its cause.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 7 - Utah Product Liability Act › Section 707 - Indemnification provisions void and unenforceable.

78B-6-707.
Indemnification provisions void and unenforceable.
Any clause in a sales contract or collateral document that requires a purchaser or end user of a product to indemnify, hold harmless, or defend a manufacturer of a product is contrary to public policy and void and unenforceable if a defect in the design or manufacturing of the product causes an injury or death.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8 - Forcible Entry and Detainer › Section 801 - Definitions.

Effective 5/10/2016
78B-6-801.
Definitions.
(1) "Commercial tenant" means any tenant who may be a body politic and corporate, partnership, association, or company.
(2) "Forcible detainer" means:
(a) holding and keeping by force, or by menaces and threats of violence, the possession of any real property, whether acquired peaceably or otherwise; or
(b) unlawfully entering real property during the absence of the occupants or at night, and, after demand is made for the surrender of the property, refusing for a period of three days to surrender the property to the former occupant.
(3) "Forcible entry" means:
(a) entering any real property by:
(i) breaking open doors, windows, or other parts of a house;
(ii) fraud, intimidation, or stealth; or
(iii) any kind of violence or circumstances of terror; or
(b) after entering peaceably upon real property, turning out by force, threats, or menacing conduct the party in actual possession.
(4) "Occupant of real property" means one who within five days preceding an unlawful entry was in the peaceable and undisturbed possession of the property.
(5) "Owner":
(a) means the actual owner of the premises;
(b) has the same meaning as landlord under common law and the statutes of this state; and
(c) includes the owner's designated agent or successor to the estate.
(6)
(a) "Peaceable possession" means having a legal right to possession.
(b) "Peaceable possession" does not include:
(i) the occupation of premises by a trespasser; or
(ii) continuing to occupy real property after being served with an order of restitution issued by a court of competent jurisdiction .
(7)
(a) "Tenant" means any natural person and any individual, including a commercial tenant.
(b) "Tenant" does not include a person or entity that has no legal right to the premises.
(8) "Trespasser" means a person or entity that occupies real property but never had possessory rights in the premises.
(9) "Unlawful detainer" means unlawfully remaining in possession of property after receiving a notice to quit, served as required by this chapter, and failing to comply with that notice.
(10) "Willful exclusion" means preventing the tenant from entering into the premises with intent to deprive the tenant of entry.
Amended by Chapter 264, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8 - Forcible Entry and Detainer › Section 802.5 - Unlawful detainer after foreclosure or forced sale.

78B-6-802.5.
Unlawful detainer after foreclosure or forced sale.
A previous owner, trustor, or mortgagor of a property is guilty of unlawful detainer if the person:
(1) defaulted on his or her obligations resulting in disposition of the property by a trustee's sale or sheriff's sale; and
(2) continues to occupy the property after the trustee's sale or sheriff's sale after being served with a notice to quit by the purchaser.
Enacted by Chapter 184, 2009 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8 - Forcible Entry and Detainer › Section 803 - Right of tenant of agricultural lands to hold over.

78B-6-803.
Right of tenant of agricultural lands to hold over.
In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the owner, the tenant shall be considered to be in possession by permission of the owner. The tenant shall be entitled to hold under the terms of the lease for another full year and may not be guilty of an unlawful detainer during that year. The holding over for the 60-day period shall be taken and construed as a consent on the part of the tenant to hold for another year.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8 - Forcible Entry and Detainer › Section 804 - Remedies available to tenant against undertenant.

78B-6-804.
Remedies available to tenant against undertenant.
A tenant may take proceedings similar to those prescribed in this part to obtain possession of premises let to an undertenant in case of the undertenant's unlawful detention of the premises.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8 - Forcible Entry and Detainer › Section 805 - Notice -- How served.

Effective 5/8/2018
78B-6-805.
Notice -- How served.
(1) A notice required by this part may be served:
(a) by delivering a copy to the tenant personally or, if the tenant is a commercial tenant, by delivering a copy to the commercial tenant's usual place of business by leaving a copy of the notice with a person of suitable age and discretion;
(b) by sending a copy through registered mail, certified mail, or an equivalent means, addressed to the tenant at the tenant's residence, leased property, or usual place of business;
(c) if the tenant is absent from the residence, leased property, or usual place of business, by leaving a copy with a person of suitable age and discretion at the tenant's residence, leased property, or usual place of business;
(d) if a person of suitable age or discretion cannot be found at the place of residence, leased property, or usual place of business, then by affixing a copy in a conspicuous place on the leased property; or
(e) if an order of abatement by eviction of the nuisance is issued by the court as provided in Section 78B-6-1109, when issued, the parties present shall be on notice that the abatement by eviction order is issued and immediately effective or as to any absent party, notice shall be given as provided in Subsections (1)(a) through (e).
(2) Service upon a subtenant may be made in the same manner as provided in Subsection (1).
Amended by Chapter 291, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8 - Forcible Entry and Detainer › Section 806 - Necessary parties defendant.

78B-6-806.
Necessary parties defendant.
(1) No person other than the tenant of the premises, a lease signer, and subtenant if there is one in the actual occupation of the premises when the action is commenced, may be made a party defendant in the proceeding, except as provided in Section 78B-6-1111. A proceeding may not abate, nor the plaintiff be nonsuited, for the nonjoinder of any person who might have been made a party defendant. If it appears that any of the parties served with process or appearing in the proceedings are guilty, judgment shall be rendered against those parties.
(2) If a person has become a subtenant of the premises in controversy after the service of any notice as provided in this part, the fact that the notice was not served on the subtenant is not a defense to the action. All persons who enter under the tenant after the commencement of the action shall be bound by the judgment the same as if they had been made parties to the action.
(3) A landlord, owner, or designated agent is a necessary party defendant only in an abatement by eviction action for an unlawful drug house as provided in Section 78B-6-1111.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8 - Forcible Entry and Detainer › Section 807 - Allegations permitted in complaint -- Time for appearance -- Service.

Effective 5/8/2018
78B-6-807.
Allegations permitted in complaint -- Time for appearance -- Service.
(1) The plaintiff, in the plaintiff's complaint:
(a) shall set forth the facts on which the plaintiff seeks to recover;
(b) may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry, or forcible or unlawful detainer; and
(c) may claim damages or compensation for the occupation of the premises, or both.
(2) If the unlawful detainer charged is after default in the payment of rent or other amounts due, the complaint shall state the amount of rent due or other amounts due.
(3)
(a) The summons shall include the number of days within which the defendant is required to appear and defend the action, which shall be three business days from the date of service, unless the defendant objects to the number of days, and the court determines that the facts of the case should allow more time.
(b) A claim for unlawful detainer brought by counterclaim shall be served to any opposing party in accordance with Utah Rules of Civil Procedure, and any response required shall be due within the timelines stated under Subsection (3)(a).
(4) The court may authorize alternative service pursuant to the Utah Rules of Civil Procedure.
Amended by Chapter 30, 2018 General Session
Amended by Chapter 291, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8 - Forcible Entry and Detainer › Section 809 - Proof required of plaintiff -- Defense.

Effective 5/10/2016
78B-6-809.
Proof required of plaintiff -- Defense.
(1) On the trial of any proceeding for any forcible entry or forcible detainer the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that the plaintiff was in actual peaceable possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer.
(2) In defense, the defendant may show that the defendant or the defendant's ancestors, or those whose interest in the premises is claimed, had been in the quiet possession of the property for the space of one entire year continuously before the commencement of the proceedings, and that his interest is not ended or determined, and that this showing is a bar to the proceedings.
(3) An action for unlawful detainer may also be brought in the form of a counterclaim .
Amended by Chapter 264, 2016 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8 - Forcible Entry and Detainer › Section 811 - Judgment for restitution, damages, and rent -- Immediate enforcement -- Remedies.

Effective 5/12/2020
78B-6-811.
Judgment for restitution, damages, and rent -- Immediate enforcement -- Remedies.
(1)
(a) A court may:
(i) enter a judgment upon the merits or upon default; and
(ii) issue an order of restitution regardless of whether a judgment is entered.
(b) A judgment entered in favor of the plaintiff shall include an order for the restitution of the premises as provided in Section 78B-6-812.
(c) If the proceeding is for unlawful detainer after neglect or failure to perform any condition or covenant of the lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of the lease or agreement.
(d)
(i) A forfeiture under Subsection (1)(c) does not release a defendant from any obligation for payments on a lease for the remainder of the lease's term.
(ii) Subsection (1)(d)(i) does not change any obligation on either party to mitigate damages.
(2) The jury or the court, if the proceeding is tried without a jury or upon the defendant's default, shall also assess the damages resulting to the plaintiff from any of the following:
(a) forcible entry;
(b) forcible or unlawful detainer;
(c) waste of the premises during the defendant's tenancy, if waste is alleged in the complaint and proved at trial;
(d) the amounts due under the contract, if the alleged unlawful detainer is after default in the payment of amounts due under the contract; and
(e) the abatement of the nuisance by eviction as provided in Sections 78B-6-1107 through 78B-6-1114.
(3) The judgment shall be entered against the defendant for the rent, for three times the amount of the damages assessed under Subsections (2)(a) through (2)(e).
(4)
(a) If the proceeding is for unlawful detainer, execution upon the judgment shall be issued immediately after the entry of the judgment.
(b) In all cases, the judgment may be issued and enforced immediately.
(5) In an action under this chapter, the court:
(a) shall award costs and reasonable attorney fees to the prevailing party;
(b) may modify a judgment for additional amounts owed if a motion is submitted within 180 days on the earlier of the day on which:
(i) the order of restitution is enforced; or
(ii) the defendant vacates the premises; and
(c) may grant a party additional time for a motion under Subsection (5)(b).
(6)
(a) If the court issues an order of restitution, the defendant shall provide a current address to the court and the plaintiff within 30 days of the day on which the court issues the order of restitution.
(b) Failure of a defendant to provide an address under Subsection (6)(a) does not require the plaintiff or the court to bear the burden of seeking out the defendant to provide notice for any subsequent proceeding.
Amended by Chapter 329, 2020 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8 - Forcible Entry and Detainer › Section 813 - Time for appeal.

78B-6-813.
Time for appeal.
(1) Except as provided in Subsection (2), either party may, within 10 days, appeal from the judgment rendered.
(2) In a nuisance action under Sections 78B-6-1107 through 78B-6-1114, any party may appeal from the judgment rendered within three days.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8 - Forcible Entry and Detainer › Section 814 - Exclusion of tenant without judicial process prohibited -- Abandoned premises excepted.

78B-6-814.
Exclusion of tenant without judicial process prohibited -- Abandoned premises excepted.
It is unlawful for an owner to willfully exclude a tenant from the tenant's premises in any manner except by judicial process, provided, an owner or his agent shall not be prevented from removing the contents of the leased premises under Subsection 78B-6-816(2) and retaking the premises and attempting to rent them at a fair rental value when the tenant has abandoned the premises.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8 - Forcible Entry and Detainer › Section 815 - Abandonment.

Effective 5/8/2018
78B-6-815.
Abandonment.
(1) Abandonment is presumed in either of the following situations:
(a) The tenant has not notified the owner that the tenant will be absent from the premises, and the tenant fails to pay rent within 15 days after the due date, and there is no reasonable evidence other than the presence of the tenant's personal property that the tenant is occupying the premises.
(b) The tenant has not notified the owner that the tenant will be absent from the premises, and the tenant fails to pay rent when due and the tenant's personal property has been removed from the dwelling unit and there is no reasonable evidence that the tenant is occupying the premises.
(2) Abandonment is established as a matter of law if the owner has reason to believe that the presumption of abandonment under Subsection (1) has been met, the owner serves the tenant with a declaration of abandonment, and the tenant fails to dispute or rebut the declaration of abandonment in accordance with this Subsection (2).
(a) The tenant may be served with a declaration of abandonment that includes at least a contact address for the owner, contains a brief factual basis supporting the owner's reasonable belief that the presumption of abandonment under Subsection (1) has been met, and states the date and time of service and includes the following language, or language that is substantially similar: "It is believed that these premises are abandoned and the owner is seeking to regain possession of the premises. If a tenant in legal possession of the premises has not abandoned the premises, the tenant must dispute abandonment in writing within 24 hours of service of this declaration of abandonment by providing a copy to the owner at the contact address included with this declaration of abandonment. If written notice is not served on the owner within 24 hours, the owner may retake possession of the premises." The 24-hour period stated in this Subsection (2)(a) does not include a Saturday, a Sunday, or a holiday during which the Utah state courts are closed.
(b) Service of the declaration of abandonment by the owner and any dispute or rebuttal by the tenant shall be made pursuant to Section 78B-6-805.
(c) If the tenant fails to dispute the declaration of abandonment in writing by serving notice to the owner within 24 hours of being served a declaration of abandonment, excluding a Saturday, a Sunday, or a holiday during which the Utah state courts are closed, the declaration of abandonment serves as prima facia evidence that the tenant has vacated and abandoned the premises.
(d) The tenant bears the burden to rebut an abandonment that is established by a declaration of abandonment by clear and convincing evidence.
Amended by Chapter 291, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8a - Expungement of Eviction Records › Section 850 - Definitions.

Effective 5/3/2023
78B-6-850.
Definitions.
As used in this part:
(1) "Agency" means a state, county, or local government entity that generates or maintains records relating to an unlawful detainer action.
(2) "Eviction" means a cause of action for unlawful detainer under Part 8, Forcible Entry and Detainer.
(3) "Expunge" means to seal or otherwise restrict access to records held by a court or an agency.
(4) "Petitioner" means any person petitioning for expungement of an eviction under this part.
(5)
(a) "Tenant screening agency" means a person that, for a fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating information for the purpose of furnishing a tenant screening report.
(b) "Tenant screening agency" does not include an owner as defined in Section 78B-6-801.
(6) "Tenant screening report" means any written, oral, or other communication prepared by a tenant screening agency that includes information about an individual's rental history for the purpose of serving as a factor in establishing the individual's eligibility for housing.
(7) "Unlawful detainer" means the same as that term is defined in Section 78B-6-801.
Amended by Chapter 139, 2023 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8a - Expungement of Eviction Records › Section 851 - Stipulation to expungement by parties.

Effective 7/1/2022
78B-6-851.
Stipulation to expungement by parties.
All parties to an eviction may stipulate in a settlement agreement to the expungement of an eviction.
Enacted by Chapter 372, 2022 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 6 - Particular Proceedings › Part 8a - Expungement of Eviction Records › Section 852 - Automatic expungement of eviction.

Effective 7/1/2022
78B-6-852.
Automatic expungement of eviction.
(1)
(a) Without the filing of a petition, a court shall order expungement of all records of an eviction if:
(i) the entire case was dismissed;
(ii) there is no appeal pending for the case; and
(iii) at least three years have passed from the day on which the eviction was filed; or
(b) the parties to the eviction stipulated to expungement and have filed a stipulation with the court.
(2) The court shall issue an order of expungement when the court determines that an eviction qualifies for automatic expungement under Subsection (1).
(3) This section applies to evictions filed on or after July 1, 2022.
Enacted by Chapter 372, 2022 General Session