Utah Code 11-13-210. Controversies involving agreements between Utah public agencies and out-of-state agencies
Current as of: 2023 | Check for updates
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| (1) | In any case or controversy involving the performance or interpretation of or the liability under an agreement entered into under this chapter between or among one or more Utah public agencies and one or more out-of-state public agencies, the public agencies that are parties to the agreement shall be real parties in interest and the state may maintain an action to recoup or otherwise make itself whole for any damages or liabilities which it may incur by reason of being joined as a party to the case or controversy. |
| (a) | a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state; |
| (b) | the state or any department, division, or agency of the state; |
| (c) | any agency of the United States; |
| (d) | any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or |
| (e) | any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103 |
| (2) | An action shall be maintainable against any public agency whose default, failure to perform, or other conduct caused or contributed to the incurring of damage or liability by the state. |
Renumbered and Amended by Chapter 286, 2002 General Session