Title 78B, Title 78B: Judicial Code

78B-6-308. Procedure when party charged fails to appear. When the warrant of arrest has been served, if the person arrested does not appear on the specified day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted or both. If the …

78B-6-309. Hearing. When the person arrested has been brought up or has appeared, the court shall proceed to investigate the charge, and hear any answer which the person arrested may make. The court may examine witnesses for or against the person arrested, for which an adjournmen…

78B-6-310. Contempt -- Action by court. (1) The court shall determine whether the person proceeded against is guilty of the contempt charged. If the court finds the person is guilty of the contempt, the court may impose a fine not exceeding $1,000, order the person incarcerated i…

78B-6-311. Damages to party aggrieved. (1) If an actual loss or injury to a party in an action or special proceeding is caused by the contempt, the court: in lieu of or in addition to the fine or imprisonment imposed for the contempt, may order the person proceeded against to pay…

78B-6-312. Imprisonment to compel performance. When the contempt consists of the omission to perform an act enjoined by law, which is yet in the power of the person to perform, the person may be imprisoned until the act is performed, or until released by the court. The act shall …

78B-6-313. Contempt of process of nonjudicial officer -- Procedure. (1) If a person, officer, referee, arbitrator, board, or committee with the authority to compel the attendance of witnesses or the production of documents issues a subpoena and the person to whom the subpoena is …

78B-6-314. Re-entry after eviction from real property. (1) A person who is ordered to vacate real property by a court of competent jurisdiction, who, not having a right so to do, refuses to vacate, re-enters, or takes possession of, the real property, is guilty of a contempt of t…

78B-6-315. Noncompliance with child support order. (1) When a court of competent jurisdiction, or the Office of Recovery Services pursuant to an action under, makes an order requiring a parent to furnish support or necessary food, clothing, shelter, medical care, or other remedia…

78B-6-316. Compensatory service for violation of parent-time order or failure to pay child support. (1) As used in this section, "obligor" means the same as that term is defined in Section. 81-6-101 (2) If a court finds by a preponderance of the evidence that a parent has refused…

78B-6-317. Willful failure to pay a civil accounts receivable or a civil judgment of restitution. (1) As used in this section: "Civil accounts receivable" means the same as that term is defined in Section. 77-32b-102 "Civil judgment of restitution" means the same as that term is …

78B-6-401. Power to issue declaratory judgment -- Form -- Effect. (1) A court with jurisdiction under Title 78A, Judiciary and Judicial Administration, has the power to issue declaratory judgments determining rights, status, and other legal relations within its respective jurisdi…

78B-6-402. Court's general powers. The provisions of Sections,, anddo not limit or restrict the exercise of the general powers conferred in Sectionin any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncer…

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 wh…

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.

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.

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 suffi…

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 ci…

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, m…

78B-6-409. Contracts. A contract may be construed before or after there has been a breach.

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 deced…

78B-6-411. Costs. In any proceeding under this part the court may make an award of costs it considers equitable and just.

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.

78B-6-501. Eminent domain -- Uses for which right may be exercised -- Limitations on eminent domain. (1) As used in this section: "Century farm" means real property that is: assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act; and owned or held by the same family …

78B-6-502. Estates and rights that may be taken. Except as provided in Subsection, (4), or (5), the following estates and rights in lands are subject to being taken for public use: (1) a fee simple, when taken for: public buildings or grounds; permanent buildings; reservoirs and …

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…

78B-6-503.5. Other property which may be taken -- State as plaintiff. (1) Subject to Subsectionsand, 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 th…

78B-6-504. Conditions precedent to taking. (1) As used in this section: "Feasible" means reasonably practicable after consideration of factors including: cost; delay; terrain; safety; and the size and complexity of the infrastructure route. "Governing body" means: for a county, c…

78B-6-505. Negotiation and disclosure required before filing an eminent domain action. (1) As used in this section: "Claimant" means a person who is a record interest holder of real property sought to be condemned. "Claimant" does not include: a fee simple owner; or a utility sub…

78B-6-505.5. Coordination with federal land management agencies. (1) Before filing an eminent domain action to condemn private land for a high voltage power line, a person shall: if federal public land exists within one quarter mile of the proposed high voltage power line, submit…

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 th…

78B-6-507. Complaint -- Contents. (1) The complaint shall contain: 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; the names of all owners and claimants of the property, if …

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 inv…

78B-6-509. Powers of court or judge -- Settlement offer -- Litigation expenses. (1) As used in this section, "litigation expenses" means costs necessary to prepare for and conduct a trial, including: court costs; expert witness fees; appraisal fees, except plaintiff's fees relate…

78B-6-510. Occupancy of premises pending action -- Deposit paid into court -- Procedure for payment of compensation. (1) At any time after the commencement of suit, and after giving notice to the defendant as provided in the Utah Rules of Civil Procedure, the plaintiff may file a…

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: the value of the property sought to be condemned as a whole, including all improvements p…

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 valu…

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.

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 determine…

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…

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 Sectionsand, the court shall make a final judgment of condemnation, which shall describe the property condemned and t…

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 w…

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.

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.

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…

78B-6-520.3. Property sold under threat of eminent domain -- Right to repurchase property if property not used for purpose for which acquired. (1) As used in this section: "Acquired property" means property that a condemnor purchases after May 11, 2009 from a condemnee under thre…

78B-6-521. Sale of property acquired by eminent domain. (1) As used in this section: "Condemnation" or "threat of condemnation" means: acquisition through an eminent domain proceeding; or an official body of the state or a subdivision of the state, having the power of eminent dom…