Utah Code Title 19. Environmental Quality Code § 19-6-206. Exclusive remedy for devaluation of property caused by approved facility

(1)(a) Before construction of a hazardous waste management facility, but in no case later than nine months after approval of a plan for a hazardous waste treatment, storage, or disposal facility, any owner or user of property adversely affected by approval may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, against the owner of the proposed facility.

(b) If the court determines that the planned construction and operation of the hazardous waste management facility will result in the devaluation of the plaintiff's property or will otherwise interfere with the plaintiff's rights in the property, the court shall order the owner to compensate the plaintiff in an amount equal to the value of the plaintiff's loss.

(3)(a) Nothing in this part prevents an owner or user of property aggrieved by the construction and operation of a facility from seeking damages that result from a subsequent modification of the design or operation of a facility but damages are limited to the incremental damage that results from the modification.

(b) Any action for damages from a modification shall be brought within nine months after the plans for modification of the design or operation of the facility are approved.

(5)(a) The owner or operator of a proposed facility may, at any time before an award of damages, abandon the construction or operation of the facility or any modification and cause the action to be dismissed.

(b) As a condition of dismissal, however, the owner or operator shall compensate the plaintiff for any actual damage sustained as a result of construction or operation of the facility before abandonment together with court costs and a reasonable attorney's fee.