26B-6-507.  Utah State Developmental Center land and water rights.

(1)  As used in this section, “long-term lease” means:

Terms Used In Utah Code 26B-6-507

  • Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
  • Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  a lease with a term of five years or more; or

(b)  a lease with a term of less than five years that may be unilaterally renewed by the lessee.

(2) 

(a)  Notwithstanding Section 65A-4-1, any sale, long-term lease, or other disposition of real property, water rights, or water shares associated with the developmental center shall be conducted as provided in this Subsection (2).

(b)  The board shall:

(i)  approve the sale, long-term lease, or other disposition of real property, water rights, or water shares associated with the developmental center;

(ii)  secure the approval of the Legislature before offering the real property, water rights, or water shares for sale, long-term lease, or other disposition; and

(iii)  if the Legislature’s approval is secured, as described in Subsection (2)(b)(ii), direct the Division of Facilities Construction and Management to convey, lease, or dispose of the real property, water rights, or water shares associated with the developmental center according to the board’s determination.

Renumbered and Amended by Chapter 308, 2023 General Session