Except as provided in Subsection 78B-6-501(3), (4), or (5), private property that may be taken under this part includes:

1. (1) all real property belonging to any person;
2. (2) lands belonging to the state, or to any county, city or incorporated town, not appropriated to some public use;
3. (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. (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. (5) all rights of way for any and all purposes mentioned in Section 78B-6-501, and any and all structures and improvements on the property, and the lands held or used in connection with the property, except that:

   1. (a) the property is subject to be connected with, crossed, or intersected by any other right of way or improvement or structure;
   2. (b) the property is subject to a limited use in common with the owners, when necessary; and
   3. (c) 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. (6) all classes of private property not enumerated if the taking is authorized by law.

Amended by Chapter 350, 2024 General Session