53G-3-204.  Notice before preparing or amending a long-range plan or acquiring certain property.

(1)  As used in this section:

Terms Used In Utah Code 53G-3-204

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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.
(a)  “Affected entity” means each county, municipality, special district under Title 17B, Limited Purpose Local Government Entities – Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:

(i)  whose services or facilities are likely to require expansion or significant modification because of an intended use of land; or

(ii)  that has filed with the school district a copy of the general or long-range plan of the county, municipality, special district, special service district, school district, interlocal cooperation entity, or specified public utility.

(b)  “Specified public utility” means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1.

(2) 

(a)  If a school district located in a county of the first or second class prepares a long-range plan regarding the school district’s facilities proposed for the future or amends an already existing long-range plan, the school district shall, before preparing a long-range plan or amendments to an existing long-range plan, provide written notice, as provided in this section, of the school district’s intent to prepare a long-range plan or to amend an existing long-range plan.

(b)  Each notice under Subsection (2)(a) shall:

(i)  indicate that the school district intends to prepare a long-range plan or to amend a long-range plan, as the case may be;

(ii)  describe or provide a map of the geographic area that will be affected by the long-range plan or amendments to a long-range plan;

(iii)  be:

(A)  sent to each county in whose unincorporated area and each municipality in whose boundaries is located the land on which the proposed long-range plan or amendments to a long-range plan are expected to indicate that the proposed facilities will be located;

(B)  sent to each affected entity;

(C)  sent to the Utah Geospatial Resource Center created in Section 63A-16-505;

(D)  sent to each association of governments, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality described in Subsection (2)(b)(iii)(A) is a member; and

(E)  published for the geographic area that will be affected by the proposed long-range plan, or amendments to a long-range plan, as a class A notice under Section 63G-30-102, for at least 30 days;

(iv)  with respect to the notice to counties and municipalities described in Subsection (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to consider in the process of preparing, adopting, and implementing the long-range plan or amendments to a long-range plan concerning:

(A)  impacts that the use of land proposed in the proposed long-range plan or amendments to a long-range plan may have on the county, municipality, or affected entity; and

(B)  uses of land that the county, municipality, or affected entity is planning or considering that may conflict with the proposed long-range plan or amendments to a long-range plan; and

(v)  include the address of an Internet website, if the school district has one, and the name and telephone number of an individual where more information can be obtained concerning the school district’s proposed long-range plan or amendments to a long-range plan.

(3) 

(a)  Except as provided in Subsection (3)(d), each school district intending to acquire real property in a county of the first or second class for the purpose of expanding the district’s infrastructure or other facilities shall provide written notice, as provided in this Subsection (3), of the school district’s intent to acquire the property if the intended use of the property is contrary to:

(i)  the anticipated use of the property under the county or municipality’s general plan; or

(ii)  the property’s current zoning designation.

(b)  Each notice under Subsection (3)(a) shall:

(i)  indicate that the school district intends to acquire real property;

(ii)  identify the real property; and

(iii)  be sent to:

(A)  each county in whose unincorporated area and each municipality in whose boundaries the property is located; and

(B)  each affected entity.

(c)  A notice under this Subsection (3) is a protected record as provided in Subsection 63G-2-305(8).

(d) 

(i)  The notice requirement of Subsection (3)(a) does not apply if the school district previously provided notice under Subsection (2) identifying the general location within the municipality or unincorporated part of the county where the property to be acquired is located.

(ii)  If a school district is not required to comply with the notice requirement of Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall provide the notice specified in Subsection (3)(a) as soon as practicable after the school district’s acquisition of the real property.

Amended by Chapter 16, 2023 General Session
Amended by Chapter 435, 2023 General Session

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