4 of 1975 - A resolution opposing House Bill No. 81 which provides for a condemnee to receive attorneys fees and ! Resolution No. 4
By Glen N. Greener
COMMISSIONER
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Opposing House Bill No. 81 which
provides for a condemnee to receive
attorneys fees and appraisers fees
and all costs in any condemnation
action, and giving the City's disapproved
of the passage of the same and urging
that the Senate of the State of Utah
take decisive and immediate action to
defeat said bill.
Presented to the Board of Commissioners
and Order PhilieD
FEB 1 3 1975
i 1
%X'cditog X ? .
} cny RECORDER
•
. ROLL CALL 11
VOTING Aye Nay Salt Lake City,Utah, February 13 ,19 75
Mr.Chairman
Greener I move that the Resolution 7e adopted.
Harmsen
MON Itogextsea u
Phillips ,
RESOLUTION
Result
!�
WHEREAS, House Bill No. 81 in the 1975 session of the Utah
State Legislature has been passed by the House of Representatives;
and
WHEREAS, said bill, if passed by the Utah Senate and becomes
the law of the State, would require all governmental and other
entities with the power of eminent domain to pay, in addition to
what they are now required to pay, attorneys fees and appraisers
fees; costs and expenses involved in the suit; condemnees cost of
relocating; and for any other alleged losses of the condemnee;
and
WHEREAS, Salt Lake City Corporation is already required,
where federal funds are involved, to offer only the highest bid
it receives to a condemnee and is also required to pay relocating
costs by state law; and
WHEREAS, the requirement of this law that attorneys fees and
appraisers fees, together with the condemnee's cost and expenses
involved in any law suit would increase the costs of condemnation
from 30 to 50 percent; and
WHEREAS, the provisions of this bill would increase the amount
of litigation by reason of the condemnee's reason to take a chance
since there is no question that his attorneys fees and all costs
would be paid in any legal gambit he desires to entertain as part of
any condemnation law suit; and
WHEREAS, the laws of eminent domain have functioned well and
fairly over the years of its existence; and
WHEREAS, the governmental and other entities involved with
the power of eminent domain are already required to represent tax-
payers interests; and
WHEREAS, this bill will increase the burden on all taxpayers
because of the increase in costs for condemnation.
NOW, THEREFORE, the Board of Commissioners of Salt Lake City,
Utah, does hereby resolve that it does fully disapprove of the
passage of House Bill No. 81 and does hereby urge the Senate of
the State of Utah to take decisive and immediate action to defeat
said bill.
BE IT FURTHER RESOLVED that the Salt Lake City Recorder be
directed to forward a copy of this resolution to the Utah State
Legislature.
Passed by the Board of Commissioners of Salt Lake City, Utah,
this /? day of February, 1975. // /� °4
MAYOR
//IdC l � tFtt
CITY RECORDER