(1)  For purposes of this chapter:

Terms Used In Utah Code 17D-1-104

  • Applicable area: means :
(a) for a proposal to create a special service district, the area included within the proposed special service district;
(b) for a proposal to annex an area to an existing special service district, the area proposed to be annexed;
(c) for a proposal to add a service to the service or services provided by a special service district, the area included within the special service district; and
(d) for a proposal to consolidate special service districts, the area included within each special service district proposed to be consolidated. See Utah Code 17D-1-102
  • Land: includes :Utah Code 68-3-12.5
  • Person: means :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.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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 is:

    (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 petition or protest; or

    (ii)  for a proposed annexation or addition of a new service under 4, the lessee of military land, as defined in Section 63H-1-102, if the area proposed to be annexed or within which a new service is proposed to be added 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 is determined according to the last assessment before the filing of the petition or protest, as determined by:

    (i) 

    (A)  the county under 3, for property subject to assessment by the county; or

    (B)  the State Tax Commission under 2, for property subject to assessment by the State Tax Commission; and

    (ii)  the county, for all other property.

    (2)  For purposes of each provision of this chapter that requires the owners of private real property covering a percentage of the total private land area within the applicable area to sign a petition or protest:

    (a)  a parcel of real property may not be included in the calculation of the required percentage unless the petition or protest 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 petition or protest 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 petition or protest with the person’s signature; and

    (ii)  the person provides documentation accompanying the petition or protest that reasonably substantiates the person’s representative capacity; and

    (c)  subject to Subsection (2)(b), a duly appointed personal representative may sign a petition or protest on behalf of a deceased owner.

    (3)  For purposes of this chapter, registered voters shall be determined according to the official register.

    Amended by Chapter 92, 2009 General Session