Terms Used In Utah Code > Title 78B > Chapter 6 > Part 8. Utah Code § 78B-6-401. Title 78B - Judicial Code. View procedures and guidelines (PDF) for remote public comment and virtual meeting instructions (PDF). Utah Code Title 57, Chapter 14; Nuisance - Utah Code Title 78B, Chapter 6, Part 11; Public Use Constituting Dedication of Private Road. See, obtained at a substance abuse program that is approved by the Division of Substance Abuse and Mental Health in accordance with Section, designed to prevent substance use or the onset of a mental health disorder. Particular Proceedings: Part 1. See Utah Code 78B-6-103 ... Utah Code § 78B-6-301. 2019 (you are here) 2018 2017 Other previous versions. (1) Each district court has the power to issue declaratory judgments determining rights, status, and other legal relations within its respective jurisdiction. Property exempt from execution. A multi-query feature is available for those needing more detailed information from previous legislative sessions and digests. NOW, THEREFORE , I, Gary R. Herbert, Governor of the State of Utah, hereby order the suspension of enforcement of Utah Code Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer as the part relates to a residential tenant who: 3 - Jurisdiction of Supreme Court, human trafficking of a child in violation of Section, a private agency licensed to receive a child for placement or adoption under this code; or, a private agency that receives a child for placement or adoption in another state, which agency is licensed or approved where such license or approval is required by law. See Utah Code 78A-6-301; Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. (1) Notwithstanding Sections 76-10-803 and 78B-6-1101, a manufacturing facility or operation may not be considered a nuisance, private or public, by virtue of any changed circumstance in land uses near the facility after it has been in operation for more than three years if the manufacturing facility or operation was not a nuisance at the time it began operation. Section 78B-6-102 - Legislative intent and findings - Best interest of child - Interests of each party, Section 78B-6-105 - District court venue - Jurisdiction of juvenile court - Jurisdiction over nonresidents - Time for filing, Section 78B-6-106 - Responsibility for own actions - Fraud or misrepresentation, Section 78B-6-107 - Compliance with the Interstate Compact on Placement of Children -Compliance with the Indian Child Welfare Act, Section 78B-6-108 - Alien child - Evidence of lawful admission to United States required, Section 78B-6-109 - Determination of rights prior to adoption petition, Section 78B-6-110 - Notice of adoption proceedings, Section 78B-6-110.1 - Prebirth notice to presumed father of intent to place a child for adoption, Section 78B-6-110.5 - Out-of-state birth mothers and adoptive parents - Declaration regarding potential birth fathers, Section 78B-6-111 - Criminal sexual offenses, Section 78B-6-112 - District court jurisdiction over termination of parental rights proceedings, Section 78B-6-113 - Prospective adoptive parent not a resident - Preplacement requirements, Section 78B-6-114 - Adoption by married persons - Consent, Section 78B-6-115 - Who may adopt - Adoption of minor - Adoption of adult, Section 78B-6-116 - Notice and consent for adoption of an adult, Section 78B-6-117 - Who may adopt - Adoption of minor, Section 78B-6-119 - Counseling for parents, Section 78B-6-120 - Necessary consent to adoption or relinquishment for adoption, Section 78B-6-121 - Consent of unmarried biological father, Section 78B-6-121.5 - Compact for Interstate Sharing of Putative Father Registry Information - Severability clause, Section 78B-6-122 - Qualifying circumstance, Section 78B-6-122.5 - Effect of out-of-state paternity adjudication, declaration, or acknowledgment, Section 78B-6-123 - Power of a minor to consent or relinquish, Section 78B-6-124 - Persons who may take consents and relinquishments, Section 78B-6-125 - Time period prior to birth mother's consent, Section 78B-6-126 - When consent or relinquishment effective, Section 78B-6-127 - Parents whose rights have been terminated, Section 78B-6-128 - Preplacement adoptive evaluations - Exceptions, Section 78B-6-129 - Postplacement adoptive evaluations, Section 78B-6-130 - Preplacement and postplacement adoptive evaluations - Review by court, Section 78B-6-131 - Child in custody of state - Placement, Section 78B-6-133 - Contested adoptions - Rights of parties - Determination of custody, Section 78B-6-134 - Custody pending final decree, Section 78B-6-136 - Final decree of adoption - Agreement by adoptive parent or parents, Section 78B-6-136.5 - Timing of entry of final decree of adoption - Posthumous adoption, Section 78B-6-137 - Decree of adoption - Best interest of child - Legislative findings, Section 78B-6-138 - Pre-existing parent's rights and duties dissolved, Section 78B-6-139 - Name and status of adopted child, Section 78B-6-140 - Itemization of fees and expenses, Section 78B-6-141 - [Effective Until11/1/2021]Court hearings may be closed - Petition and documents sealed - Exceptions, Section 78B-6-141 - [Effective11/1/2021]Court hearings may be closed - Petition and documents sealed - Exceptions, Section 78B-6-142 - Adoption order from foreign country, Section 78B-6-143 - Nonidentifying health history of adoptee filed with office - Limited availability, Section 78B-6-144 - Mutual-consent, voluntary adoption registry - Procedures - Fees, Section 78B-6-144.5 - Adoption records fees, Section 78B-6-145 - Restrictions on disclosure of information - Violations - Penalty, Section 78B-6-146 - Postadoption contact agreements, Section 78B-6-204 - Dispute Resolution Programs - Director - Duties - Report, Section 78B-6-205 - Judicial Council rules for ADR procedures, Section 78B-6-206 - Minimum procedures for arbitration, Section 78B-6-207 - Minimum procedures for mediation, Section 78B-6-209 - Dispute Resolution Account - Appropriation, Section 78B-6-301 - Acts and omissions constituting contempt, Section 78B-6-302 - Contempt in immediate presence of court - Summary action - Outside presence of court - procedure, Section 78B-6-303 - Warrant of attachment or commitment order to show cause, Section 78B-6-305 - Duty of sheriff - Excuse for nonappearance - Unnecessary restraint forbidden, Section 78B-6-308 - Procedure when party charged fails to appear, Section 78B-6-310 - Contempt - Action by court, Section 78B-6-311 - Damages to party aggrieved, Section 78B-6-312 - Imprisonment to compel performance, Section 78B-6-313 - Contempt of process of nonjudicial officer - Procedure, Section 78B-6-314 - Re-entry after eviction from real property, Section 78B-6-315 - Noncompliance with child support order, Section 78B-6-316 - Compensatory service for violation of parent-time order or failure to pay child support, Section 78B-6-317 - Willful failure to pay criminal judgment accounts receivable, Section 78B-6-401 - Jurisdiction of district courts - Form - Effect, Section 78B-6-402 - Court's general powers, Section 78B-6-404 - Discretion to deny declaratory relief, Section 78B-6-407 - Trial of issues of fact, Section 78B-6-408 - Rights, status, legal relations under instruments, or statutes may be determined, Section 78B-6-410 - Suit by fiduciary or representative, Section 78B-6-412 - Chapter to be liberally construed, Section 78B-6-501 - Eminent domain - Uses for which right may be exercised, Section 78B-6-502 - Estates and rights that may be taken, Section 78B-6-503 - Private property which may be taken, Section 78B-6-503.5 - Other property which may be taken - State as plaintiff, Section 78B-6-504 - Conditions precedent to taking, Section 78B-6-505 - Negotiation and disclosure required before filing an eminent domain action, Section 78B-6-506 - Right of entry for survey and location, Section 78B-6-508 - Who may appear and defend, Section 78B-6-509 - Powers of court or judge - Settlement offer - Litigation expenses, Section 78B-6-510 - Occupancy of premises pending action - Deposit paid into court - Procedure for payment of compensation, Section 78B-6-511 - Compensation and damages - How assessed, Section 78B-6-512 - Damages - When right has accrued - Mitigation or reduction - Improvements, Section 78B-6-513 - When title sought found defective - Another action allowed, Section 78B-6-514 - Payment of award - Bond from railroad to secure fencing, Section 78B-6-515 - Distribution of award - Execution - Annulment of proceedings on failure to pay, Section 78B-6-516 - Judgment of condemnation - Recordation - Effect, Section 78B-6-517 - Substitution of bond for deposit paid into court - Abandonment of action by condemner - Conditions of dismissal, Section 78B-6-518 - Rights of cities and towns not affected, Section 78B-6-519 - When right of way acquired - Duty of party acquiring, Section 78B-6-520 - Action to set aside condemnation for failure to commence or complete construction within reasonable time, Section 78B-6-520.3 - Property sold under threat of eminent domain - Right to repurchase property if property not used for purpose for which acquired, Section 78B-6-521 - Sale of property acquired by eminent domain, Section 78B-6-601 - Penalty for wrongful refusal to allow writ of habeas corpus, Section 78B-6-603 - Recommitment after discharge forbidden - Exceptions, Section 78B-6-604 - Refusing to exhibit authority for detention - Penalty, Section 78B-6-605 - Penalties for wrongful acts of defendant, Section 78B-6-606 - Judgment of removal - Costs - Penalty by fine where state is party, Section 78B-6-607 - Judgment against director of corporation - Of induction in favor of person entitled, Section 78B-6-608 - Action for damages because of usurpation - Limitation of action, Section 78B-6-609 - Mandamus and prohibition - Judgment, Section 78B-6-610 - Disobedience of writ - Punishment, Section 78B-6-702 - Definition - Unreasonably dangerous, Section 78B-6-703 - Defect or defective condition making product unreasonably dangerous - Rebuttable presumption, Section 78B-6-705 - Alteration or modification of product after sale as substantial contributing cause - Manufacturer or seller not liable, Section 78B-6-706 - Statute of limitations, Section 78B-6-707 - Indemnification provisions void and unenforceable, Section 78B-6-802 - Unlawful detainer by tenant for a term less than life, Section 78B-6-802.5 - Unlawful detainer after foreclosure or forced sale, Section 78B-6-803 - Right of tenant of agricultural lands to hold over, Section 78B-6-804 - Remedies available to tenant against undertenant, Section 78B-6-806 - Necessary parties defendant, Section 78B-6-807 - Allegations permitted in complaint - Time for appearance - Service, Section 78B-6-808 - Possession bond of plaintiff - Alternative remedies, Section 78B-6-809 - Proof required of plaintiff - Defense, Section 78B-6-811 - Judgment for restitution, damages, and rent - Immediate enforcement - Remedies, Section 78B-6-812 - Order of restitution - Service - Enforcement - Disposition of personal property - Hearing, Section 78B-6-814 - Exclusion of tenant without judicial process prohibited - Abandoned premises excepted, Section 78B-6-816 - Abandoned premises - Retaking and rerenting by owner - Liability of tenant - Personal property of tenant left on premises, Section 78B-6-901 - Form of action - Judgment - Special execution, Section 78B-6-901.5 - Notice to tenant on residential property to be foreclosed, Section 78B-6-902 - Deficiency judgment - Execution, Section 78B-6-903 - Necessary parties - Unrecorded rights barred, Section 78B-6-904 - Sales - Disposition of surplus money, Section 78B-6-905 - Sales - When debt due in installments, Section 78B-6-906 - Right of redemption - Sales by parcels - Of land and water stock, Section 78B-6-907 - Restraining possessor from injuring property, Section 78B-6-909 - Environmental impairment to real property security interest - Remedies of lender, Section 78B-6-1001 - Right of action for waste - Damages, Section 78B-6-1002 - Right of action for injuries to trees - Damage, Section 78B-6-1003 - Limited damages in certain cases, Section 78B-6-1101 - Definitions - Nuisance - Right of action - Agriculture operations, Section 78B-6-1102.5 - Violation of order enjoining a nuisance, Section 78B-6-1103 - Manufacturing facility in operation over three years - Limited application of restrictions, Section 78B-6-1105 - Tobacco smoke - Legislative intent, Section 78B-6-1106 - Rental units - Tobacco smoke, Section 78B-6-1107 - Nuisance - Drug houses and drug dealing - Gambling - Group criminal activity - Party house - Prostitution - Weapons - Abatement by eviction, Section 78B-6-1108 - Nuisance - Abatement by eviction, Section 78B-6-1109 - Abatement by eviction order - Grounds, Section 78B-6-1110 - Prior acts or threats of violence - Protection of witnesses, Section 78B-6-1111 - Landlord, owner, or designated agent - Necessary party - Automatic eviction, Section 78B-6-1112 - Security requirement - Amount not a limitation - Jurisdiction over surety, Section 78B-6-1113 - Evidence of nuisance, Section 78B-6-1114 - Award of costs and attorney fees, Section 78B-6-1115 - Critical infrastructure materials operations - Nuisance liability, Section 78B-6-1201 - Partition - By cotenants of real property, Section 78B-6-1202 - Complaint - To set forth interests of all parties, Section 78B-6-1203 - Parties - Only holders of recorded rights necessary, Section 78B-6-1204 - Lis pendens required, Section 78B-6-1205 - Summons - To whom directed, Section 78B-6-1206 - Service by publication, Section 78B-6-1207 - Answer must set forth interests claimed, Section 78B-6-1208 - Right of all parties may be determined, Section 78B-6-1209 - Partial partition allowed - When, Section 78B-6-1210 - When all holders of recorded rights are not made parties - Procedure - Reference, Section 78B-6-1211 - Notice of appearance before referee - Referee's report, Section 78B-6-1212 - If partition prejudicial, sale in lieu thereof - Partition by referees, Section 78B-6-1213 - Duties and powers of referees - Procedure, Section 78B-6-1215 - Confirmation, modification, or vacation by court - Effect of death of party before judgment, Section 78B-6-1216 - Tenant for years, less than 10, not affected by judgment, Section 78B-6-1217 - Referees' expenses and fees - Apportionment, Section 78B-6-1218 - Liens on undivided interests - Apportionment, Section 78B-6-1219 - Setoff of estate for life or for years, Section 78B-6-1220 - Proceeds of sale of encumbered property - Disposition of, Section 78B-6-1221 - Lienholders required to exhaust other security first, Section 78B-6-1222 - Distribution of proceeds or securities, Section 78B-6-1223 - Determination of adverse claims, Section 78B-6-1224 - Sales at public auction - Notice, Section 78B-6-1225 - Sales on credit - Order for, Section 78B-6-1226 - Security for payment, Section 78B-6-1227 - Compensation for interest of tenant for life or years, Section 78B-6-1228 - Court determines reasonable compensation for tenant, Section 78B-6-1230 - Protection of vested, contingent, or future rights, Section 78B-6-1231 - Terms of sales - Separate sale of distinct parcels, Section 78B-6-1232 - Who may not be purchaser, Section 78B-6-1233 - Report of referees to the courts of sales, Section 78B-6-1234 - Referees' deed on confirmation - Disposition of proceeds, Section 78B-6-1235 - Allowance on purchase price - When interested party is purchaser, Section 78B-6-1236 - Conveyance to be recorded - Operates as a bar, Section 78B-6-1237 - Investment of sale proceeds for nonresidents or unknown parties, Section 78B-6-1238 - Clerk of court to be custodian, Section 78B-6-1239 - Distribution of securities to parties entitled, Section 78B-6-1240 - Investment of securities by court clerk - Accounting, Section 78B-6-1242 - Interests of minor - Payment to guardian, Section 78B-6-1243 - Partition - Payment of costs - Enforcement of judgment, Section 78B-6-1244 - One referee instead of three allowed by consent, Section 78B-6-1245 - Lien for costs and expenses advanced by one for benefit of all, Section 78B-6-1246 - Abstract of title - Costs and inspection, Section 78B-6-1247 - Interest on advances to be allowed, Section 78B-6-1301 - Quiet title - Action to determine adverse claim to property, Section 78B-6-1303 - Lis pendens - Notice, Section 78B-6-1304 - Motions related to a notice of pendency of an action, Section 78B-6-1304.5 - Civil liability for recording wrongful notice of pendency -Damages, Section 78B-6-1305 - Disclaimer or default by defendant - Costs, Section 78B-6-1306 - Termination of title pending action - Judgment - Damages, Section 78B-6-1307 - Setoff or counterclaim for improvements made, Section 78B-6-1308 - Right of entry pending action for purposes of action, Section 78B-6-1309 - Order for entry - Liability for injuries, Section 78B-6-1310 - Mortgage not considered a conveyance - Foreclosure necessary, Section 78B-6-1311 - Alienation pending action not to prejudice recovery, Section 78B-6-1312 - Actions respecting mining claims - Proof of customs and usage admissible, Section 78B-6-1313 - Temporary injunction in actions involving title to mining claims, Section 78B-6-1314 - Service of summons and conclusiveness of judgment, Section 78B-6-1315 - Judgment on default - Court must require evidence - Conclusiveness of judgment, Section 78B-6-1405 - Counter actions - Attorney fees - Damages, Section 78B-6-1503 - Required disclosures to payee, Section 78B-6-1504 - Approval of transfers of structured settlement payment rights, Section 78B-6-1505 - Effects of transfer of structured settlement payment rights, Section 78B-6-1506 - Procedure for approval of transfers, Section 78B-6-1507 - General provisions - Construction, Section 78B-6-1603 - Citation - Civil penalty, Section 78B-6-1604 - Collection of civil penalty, Section 78B-6-1605 - Reservation of legal options - Ordinances, Section 78B-6-1701 - Cause of action for identity theft, Section 78B-6-1804 - Date and duration of judgment, Section 78B-6-1903 - Prohibition against distribution of demand letters containing bad faith assertions of patent infringement, Section 78B-6-1904 - Action - Enforcement - Remedies - Damages, Section 78B-6-2002 - Legislative findings - Purpose, Section 78B-6-2004 - Required disclosures by plaintiff, Section 78B-6-2005 - Discovery - Use of materials, Section 78B-6-2006 - Scheduling trial - Stay of action, Section 78B-6-2007 - Identification of additional or alternative asbestos trusts by defendant, Section 78B-6-2008 - Valuation of asbestos trust claims, Section 78B-6-2009 - Failure to provide information - Sanctions, Section 78B-6-2103 - Liability - Safe harbor, Section 78B-6-2104 - Damages - Class action, Section 78B-6-2105 - Civil action for enforcement - Penalties. 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