This bill modifies provisions relating to eminent domain used to take a mineral estate in land.
This bill:
- prohibits the taking of a fee simple interest in land if an easement interest suffices;
- requires that the taking of a fee simple interest explicitly exclude mineral estate interests unless necessary;
- requires for separate payment of just compensation for a mineral estate taken by eminent domain; and
- makes technical and conforming changes.
Statutes affected: Introduced: 78B-6-501
Substitute #2: 13-43-203, 78B-6-501, 78B-6-502
Substitute #1: 78B-6-501, 78B-6-502