79-4-203. Powers and duties of division.
| (1) |
As used in this section, “real property” includes land under water, upland, and all other property commonly or legally defined as real property. |
Terms Used In Utah Code 79-4-203
- County legislative body: means :Utah Code 68-3-12.5
- Devise: To gift property by will.
- Executive director: means the executive director of the department who is appointed under Section 79-2-202. See Utah Code 79-1-102
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :Utah Code 68-3-12.5
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Personal property: includes :Utah Code 68-3-12.5
- Personal property: All property that is not real property.
- 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.
- 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
| (2) |
The Division of Wildlife Resources shall retain the power and jurisdiction conferred upon the Division of Wildlife Resources by law within state parks and on property controlled by the Division of State Parks with reference to fish and game. |
| (3) |
The division shall permit multiple use of state parks and property controlled by the division for purposes such as grazing, fishing, hunting, camping, mining, and the development and utilization of water and other natural resources. |
| (4) |
| (a) |
The division may acquire real and personal property in the name of the state by all legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or otherwise, subject to the approval of the executive director and the governor. |
| (b) |
In acquiring any real or personal property, the credit of the state may not be pledged without the consent of the Legislature. |
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| (5) |
| (a) |
Before acquiring any real property, the division shall notify the county legislative body of the county where the property is situated of the division’s intention to acquire the property. |
| (b) |
If the county legislative body requests a hearing within 10 days of receipt of the notice, the division shall hold a public hearing in the county concerning the matter. |
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| (6) |
Acceptance of gifts or devises of land or other property is at the discretion of the division, subject to the approval of the executive director and the governor. |
| (7) |
The division shall acquire property by eminent domain in the manner authorized by 5. |
| (8) |
| (a) |
The division may make charges for special services and use of facilities, the income from which is available for park purposes. |
| (b) |
The division may conduct and operate those services necessary for the comfort and convenience of the public. |
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| (9) |
| (a) |
The division may lease or rent concessions of all lawful kinds and nature in state parks and property to persons, partnerships, and corporations for a valuable consideration upon the recommendation of the board. |
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| (10) |
The division shall proceed without delay to negotiate with the federal government concerning the Weber Basin and other recreation and reclamation projects. |
Amended by Chapter 68, 2022 General Session
