Terms Used In Utah Code > Title 63A > Chapter 5b > Part 9 - Disposal of Division-owned Property

• Applicant: means a person who submits a timely, qualified proposal to the division. See Utah Code 63A-5b-901
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Condemnee: means the same as that term is defined in Section 78B-6-520. See Utah Code 63A-5b-901
• 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.
• Department: means the Department of Government Operations. See Utah Code 63A-1-103
• Director: means the division director, appointed under Section 63A-5b-302. See Utah Code 63A-5b-102
• Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
• Division-owned property: means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property. See Utah Code 63A-5b-901
• Executive director: means the executive director of the Department of Government Operations. See Utah Code 63A-1-103
• 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.
• Grantor: The person who establishes a trust and places property into it.
• 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}
• Local government entity: means a county, city, town, metro township, special district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state. See Utah Code 63A-5b-901
• Person: means :Utah Code 68-3-12.5
• Primary state agency: means a state agency for which the division holds title to real property that the state agency occupies or uses, as provided in Subsection 63A-5b-303(1)(a)(iv). See Utah Code 63A-5b-901
• Private party: means a person who is not a state agency, local government entity, or public purpose nonprofit entity. See Utah Code 63A-5b-901
• 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
• Public purpose nonprofit entity: means a corporation, association, organization, or entity that:

  (a)	is located within the state;

  (b)	is not a state agency or local government entity;

  (c)	is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; and

  (d)

  operates to fulfill a public purpose. See Utah Code 63A-5b-901 Qualified proposal: means a written proposal that: (a)  meets the criteria established by the division by rule under Section 63A-5b-903; (b)  if submitted by a local government entity or public purpose nonprofit entity, explains the public purpose for which the local government entity or public purpose nonprofit entity seeks a transfer of ownership or lease of the vacant division-owned property; and (c)  the director determines will, if accepted and implemented, provide a material benefit to the state. See Utah Code 63A-5b-901 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. Secondary state agency: means a state agency: (a)  that is authorized to hold title to real property that the state agency occupies or uses, as provided in Section 63A-5b-304; and (b)  for which the division does not hold title to real property that the state agency occupies or uses. See Utah Code 63A-5b-901 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 State agency: means a department, division, office, entity, agency, or other unit of state government. See Utah Code 63A-5b-901 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transfer of ownership: includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property. See Utah Code 63A-5b-901 Vacant division-owned property: means division-owned property that: (a)  a primary state agency is not occupying or using; and (b)  the director has determined should be made available for: (i)  use or occupancy by a primary state agency; or (ii)  a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party. See Utah Code 63A-5b-901 Writing: includes :Utah Code 68-3-12.5 Written proposal: means a brief statement in writing that explains: (a)  the proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property; and (b)  how the state will benefit from the proposed use or occupancy, transfer of ownership, or lease. See Utah Code 63A-5b-901