10-2-411.  Disqualification of commission member — Alternate member.

(1)  A member of the boundary commission is disqualified with respect to a protest before the commission if that member owns property:

Terms Used In Utah Code 10-2-411

  • Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Specified county: means a county of the second, third, fourth, fifth, or sixth class. See Utah Code 10-2-401
  • Unincorporated: means not within a municipality. See Utah Code 10-1-104
(a)  for a proposed annexation of an area located within a county of the first class:

(i)  within the area proposed for annexation in a petition that is the subject of the protest; or

(ii)  that is in the unincorporated area within 1/2 mile of the area proposed for annexation in a petition that is the subject of a protest under Subsection 10-2-407(1)(c); or

(b)  for a proposed annexation of an area located in a specified county, within the area proposed for annexation.

(2)  If a member is disqualified under Subsection (1), the body that appointed the disqualified member shall appoint an alternate member to serve on the commission for purposes of the protest as to which the member is disqualified.

Amended by Chapter 352, 2015 General Session