Utah Code 10-2a-204.5. Notice to owner of property — Exclusion or inclusion of property from or in proposed municipality

10-2a-204.5. Notice to owner of property — Exclusion or inclusion of property from or in proposed municipality.

(1)

As used in this section:

Terms Used In Utah Code 10-2a-204.5

Contiguous: means :

(a)	if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and

(b)

if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

Land: includes :Utah Code 68-3-12.5

Municipal: means of or relating to a municipality. See Utah Code 10-1-104

Municipality: means :

(a)	a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;

(b)	a town, as classified in Section 10-2-301; or

(c)

a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104

Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104

Property: includes both real and personal property. See Utah Code 68-3-12.5

real property: includes :Utah Code 68-3-12.5

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Unincorporated: means not within a municipality. See Utah Code 10-1-104

(a)

“Owner” means a person having an interest in real property, including an affiliate, subsidiary, or parent company.

(b)

“Specified landowner” means a record owner of real property:

(i)

who owns more than:

(A)	1% of the assessed fair market value, as of January 1 of the current year, of all property within the boundaries of a proposed incorporation; or

(B)	10% of the total private land area within the boundaries of a proposed incorporation; or

(ii)	located in a mining protection area as defined in Section 17-41-101.

(2)

Within 30 calendar days after the day of the first public hearing described in Section 10-2a-204.3:

(a)	a specified landowner may request that the county clerk exclude all or part of the land owned by the specified landowner from the area proposed for incorporation by filing a request for exclusion with the county clerk that describes the land for which the specified landowner requests exclusion; or

(b)

any owner of land located within the county where the area proposed for incorporation is located may file a request that all or part of that land be included in the area proposed for incorporation by filing a request for inclusion with the county clerk that describes the land that the landowner desires to include.

(3)

The county clerk shall exclude the land identified by a specified landowner under Subsection (2)(a) from the proposed incorporation boundaries unless the county clerk finds by clear and convincing evidence that:

(a)	the exclusion will leave an unincorporated island within the proposed municipality; and

(b)	the land receives from the county a majority of currently provided municipal services.

(4)

The county clerk shall include land identified by a landowner under Subsection (2)(b) in the area proposed for incorporation unless the county clerk finds by clear and convincing evidence that:

(a)	the land will not be contiguous with the area of the proposed municipality, taking into account other requests for inclusion or requests for exclusion received before the deadline described in Subsection (2); or

(b)	the inclusion will cause the area proposed for incorporation to violate a requirement for incorporation described in this part.

(5)

The county clerk shall:

(a)	no earlier than 30 days after, but no later than 44 days after, the day of the first public hearing described in Section 10-2a-204.3, make a determination on all timely requests for exclusion or inclusion;

(b)

forward to the lieutenant governor for review:

(i)	all timely requests for exclusion or inclusion;

(ii)	the county clerk’s determination on each of the requests described in Subsection (5)(b)(i); and

(iii)

the reasons, including the supporting data, for each determination described in Subsection (5)(b)(ii); and

(c)

within five days after the day on which the lieutenant governor makes a final determination on whether to include or exclude land under Subsection (7), the county clerk shall mail or transmit written notice of whether the land is included or excluded from the proposed incorporation boundaries to:

(i)	for a request for exclusion, the specified landowner that requested the exclusion;

(ii)	for a request for inclusion, the owner of land that requested the inclusion; and

(iii)

the contact sponsor.

(6)	For a request for exclusion or inclusion that is denied, the county clerk shall include, in the written notice described in Subsection (5)(c), a detailed explanation of the reason for the denial and the facts supporting the denial.

(7)

Within 14 days after the day on which the lieutenant governor receives the information described in Subsection (5)(b) the lieutenant governor shall:

(a)	review each determination;

(b)	uphold or reverse each determination; and

(c)

forward to the county clerk:

(i)	the lieutenant governor’s final determinations; and

(ii)	if the lieutenant governor reverses a determination of the county clerk, the reason for the reversal and the supporting facts.

Renumbered and Amended by Chapter 224, 2023 General Session

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