17B-1-1303.  Initiation of dissolution process.
     The process to dissolve a special district may be initiated by:

(1)  for an inactive special district:

Terms Used In Utah Code 17B-1-1303

  • Land: includes :Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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.
  • 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:
(a) this chapter; or
(b) 
(i) this chapter; and
(ii) 
(A) 1;
(B) 2;
(C) 3;
(D) 4;
(E) 5;
(F) 6;
(G) 7;
(H) 8;
(I) 9;
(J) 10; or
(K) 11. See Utah Code 17B-1-102
  • 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) 

    (i)  for a special district whose board of trustees is elected by electors based on the acre-feet of water allotted to the land owned by the elector, a petition signed by the owners of 25% of the acre-feet of water allotted to the land within the special district; or

    (ii)  for all other districts:

    (A)  a petition signed by the owners of private real property that:

    (I)  is located within the special district proposed to be dissolved;

    (II)  covers at least 25% of the private land area within the special district; and

    (III)  is equal in assessed value to at least 25% of the assessed value of all private real property within the special district; or

    (B)  a petition signed by registered voters residing within the special district proposed to be dissolved equal in number to at least 25% of the number of votes cast in the district for the office of governor at the last regular general election before the filing of the petition; or

    (b)  a resolution adopted by the administrative body; and

    (2)  for an active special district, a petition signed by:

    (a)  for a special district whose board of trustees is elected by electors based on the acre-feet of water allotted to the land owned by the elector, the owners of 33% of the acre-feet of water allotted to the land within the special district;

    (b)  for a special district created to acquire or assess a groundwater right for the development and execution of a groundwater management plan in coordination with the state engineer in accordance with Section 73-5-15, the owners of groundwater rights that:

    (i)  are diverted within the district; and

    (ii)  cover at least 33% of the total amount of groundwater diverted in accordance with the groundwater rights within the district as a whole; or

    (c)  for all other districts:

    (i)  the owners of private real property that:

    (A)  is located within the special district proposed to be dissolved;

    (B)  covers at least 33% of the private land area within the special district; and

    (C)  is equal in assessed value to at least 25% of the assessed value of all private real property within the special district; or

    (ii)  33% of registered voters residing within the special district proposed to be dissolved.

    Amended by Chapter 15, 2023 General Session