78B-6-503. Private property which may be taken.
Except as provided in Subsection, (4), or (5), private property that 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, except that the property may not be taken unless for a more necessary public use than that to which the property has already been appropriated;
(4) franchises for toll roads, toll bridges, ferries, and all other franchises, except 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, and any and all structures and improvements on the property, and the lands held or used in connection with the property, except that: 78B-6-501 the property is subject to be connected with, crossed, or intersected by any other right of way or improvement or structure; the property is subject to a limited use in common with the owners, when necessary; and 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.