Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
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)
the owner of real property shall be:
(i)
except as provided in Subsection (1)(a)(ii), the fee title owner according to the records of the county recorder on the date of the filing of the request or petition; or
(ii)
for a proposed annexation under 4, the lessee of military land, as defined in Section 63H-1-102, if the area proposed for annexation includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act; and
(b)
the value of private real property shall be determined according to the last assessment before the filing of the request or petition, as determined by:
(i)
the county under 3, for property subject to assessment by the county;
(ii)
the State Tax Commission under 2, for property subject to assessment by the State Tax Commission; or
(iii)
the county, for all other property.
(2)
For purposes of each provision of this title that requires the owners of private real property covering a percentage of the total private land area within the proposed special district to sign a request, petition, or protest:
(a)
a parcel of real property may not be included in the calculation of the required percentage unless the request or petition is signed by:
(i)
except as provided in Subsection (2)(a)(ii), owners representing a majority ownership interest in that parcel; or
(ii)
if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel;
(b)
the signature of a person signing a request or petition in a representative capacity on behalf of an owner is invalid unless:
(i)
the person’s representative capacity and the name of the owner the person represents are indicated on the request or petition with the person’s signature; and
(ii)
the person provides documentation accompanying the request or petition that reasonably substantiates the person’s representative capacity; and
(c)
subject to Subsection (2)(b), a duly appointed personal representative may sign a request or petition on behalf of a deceased owner.
