Superseded 7/1/2023)

59-2-301.5.  Definitions — Assessment of property if threatened or endangered species is present.

(1)  As used in this section:

Terms Used In Utah Code 59-2-301.5

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fair market value: means the amount at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts. See Utah Code 59-2-102
  • Property: means property that is subject to assessment and taxation according to its value. See Utah Code 59-2-102
(a)  “Endangered” is as defined in Section 23-13-2.

(b)  “Threatened” is as defined in Section 23-13-2.

(2)  In assessing the fair market value of property, a county assessor shall consider as part of the determination of fair market value whether a threatened or endangered species is present on any portion of the property, including any impacts the presence of the threatened or endangered species has on:

(a)  the functionality of the property;

(b)  the ability to use the property; and

(c)  property rights.

(3)  This section does not prohibit a county assessor from including as part of a determination of the fair market value of property any other factor affecting the fair market value of the property.

Enacted by Chapter 96, 2013 General Session