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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-502.7

The court must hold a hearing after a petition and response are filed, hear evidence on the disconnection proposal, and issue a written order with findings and reasons.

Source excerpt

burden of proofcourt hearingmunicipal disconnection
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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“The court must hold a hearing after a petition and response are filed, hear evidence on the disconnection proposal, and issue a written order with findings and reasons.”

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Court action.

The court must hold a hearing after a petition and response are filed, hear evidence on the disconnection proposal, and issue a written order with findings and reasons.

Section 10-2-502.7

Subsection 10-2-502.7(3)(b)

that justice and equity require that the territory be disconnected from the municipality;

Section 10-2-502.7(3)(b)

Subsection 10-2-502.7(3)(d)

The county must be capable, in a cost-effective way and without materially increasing its costs, of providing the services the municipality will no longer provide to the area after disconnection.

Section 10-2-502.7(3)(d)

Subsection 10-2-502.7(5)

The court must put any order granting or denying disconnection in writing and include findings and reasons.

Section 10-2-502.7(5)

04

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In force source record

Source record from le.utah.gov · Legal dates not recorded

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Showing 21 of 21 provisions

Provision 21

Part 10-2-5

part 10-2-5 Restriction of Municipal Limits

§ 10-2-502.7Court action.Provision

Source excerpt

The court must hold a hearing after a petition and response are filed, hear evidence on the disconnection proposal, and issue a written order with findings and reasons.

Court action. After the filing of a petition under Section 10-2-502.5 and a response to the petition, the court shall, upon request of a party or upon its own motion, conduct a court hearing. At the hearing, the court shall hear evidence regarding the viability of the disconnection proposal. The burden of proof is on the petitioner to prove, by a preponderance of the evidence: the viability of the disconnection; that justice and equity require that the territory be disconnected from the municipality; that the proposed disconnection will not: leave the municipality with an area within its boundaries for which the cost, requirements, or other burdens of providing municipal services would materially increase over previous years; make it economically or practically unfeasible for the municipality to continue to function as a municipality; or leave or create one or more islands or peninsulas of unincorporated territory; and that the county in which the area proposed for disconnection is located is capable, in a cost-effective manner and without materially increasing the county's costs of providing municipal services, of providing to the area the services that the municipality will no longer provide to the area due to the disconnection. In determining whether the petitioner has met the petitioner's burden of proof with respect to Subsections (3)(c)(i) and (ii) , the court shall consider all relevant factors, including the effect of the proposed disconnection on: the municipality or community as a whole; adjoining property owners; existing or projected streets or public ways; water mains and water services; sewer mains and sewer services; law enforcement; zoning; and other municipal services. The court's order either ordering or rejecting disconnection shall be in writing with findings and reasons.
Section 10-2-502.7Verify source
§ 10-2-502.7(1)Subsection 10-2-502.7(1)Provision

Source excerpt

After a petition and response under Section 10-2-502.5, the court must hold a hearing if a party asks or on the court’s own motion.

After the filing of a petition under Section 10-2-502.5 and a response to the petition, the court shall, upon request of a party or upon its own motion, conduct a court hearing.
Section 10-2-502.7(1)Verify source
§ 10-2-502.7(2)Subsection 10-2-502.7(2)Provision

Source excerpt

At the hearing, the court must hear evidence about whether the disconnection proposal is viable.

At the hearing, the court shall hear evidence regarding the viability of the disconnection proposal.
Section 10-2-502.7(2)Verify source
§ 10-2-502.7(3)Subsection 10-2-502.7(3)Provision

Source excerpt

The petitioner must prove several conditions for a proposed municipal disconnection, including viability, fairness, and that the disconnection will not create listed service or boundary problems.

The burden of proof is on the petitioner to prove, by a preponderance of the evidence: the viability of the disconnection; that justice and equity require that the territory be disconnected from the municipality; that the proposed disconnection will not: leave the municipality with an area within its boundaries for which the cost, requirements, or other burdens of providing municipal services would materially increase over previous years; make it economically or practically unfeasible for the municipality to continue to function as a municipality; or leave or create one or more islands or peninsulas of unincorporated territory; and that the county in which the area proposed for disconnection is located is capable, in a cost-effective manner and without materially increasing the county's costs of providing municipal services, of providing to the area the services that the municipality will no longer provide to the area due to the disconnection.
Section 10-2-502.7(3)Verify source
§ 10-2-502.7(3)(a)Subsection 10-2-502.7(3)(a)Provision

Source excerpt

the viability of the disconnection;

the viability of the disconnection;
Section 10-2-502.7(3)(a)Verify source
§ 10-2-502.7(3)(b)Subsection 10-2-502.7(3)(b)Provision

Source excerpt

that justice and equity require that the territory be disconnected from the municipality;

that justice and equity require that the territory be disconnected from the municipality;
Section 10-2-502.7(3)(b)Verify source
§ 10-2-502.7(3)(c)Subsection 10-2-502.7(3)(c)Provision

Source excerpt

The proposed disconnection must not leave the municipality with a costly service burden, make municipal operation unfeasible, or create islands or peninsulas of unincorporated territory.

that the proposed disconnection will not: leave the municipality with an area within its boundaries for which the cost, requirements, or other burdens of providing municipal services would materially increase over previous years; make it economically or practically unfeasible for the municipality to continue to function as a municipality; or leave or create one or more islands or peninsulas of unincorporated territory; and
Section 10-2-502.7(3)(c)Verify source
§ 10-2-502.7(3)(c)(i)Subsection 10-2-502.7(3)(c)(i)Provision

Source excerpt

leave the municipality with an area within its boundaries for which the cost, requirements, or other burdens of providing municipal services would materially increase over previous years;

leave the municipality with an area within its boundaries for which the cost, requirements, or other burdens of providing municipal services would materially increase over previous years;
Section 10-2-502.7(3)(c)(i)Verify source
§ 10-2-502.7(3)(c)(ii)Subsection 10-2-502.7(3)(c)(ii)Provision

Source excerpt

make it economically or practically unfeasible for the municipality to continue to function as a municipality; or

make it economically or practically unfeasible for the municipality to continue to function as a municipality; or
Section 10-2-502.7(3)(c)(ii)Verify source
§ 10-2-502.7(3)(c)(iii)Subsection 10-2-502.7(3)(c)(iii)Provision

Source excerpt

leave or create one or more islands or peninsulas of unincorporated territory; and

leave or create one or more islands or peninsulas of unincorporated territory; and
Section 10-2-502.7(3)(c)(iii)Verify source
§ 10-2-502.7(3)(d)Subsection 10-2-502.7(3)(d)Provision

Source excerpt

The county must be capable, in a cost-effective way and without materially increasing its costs, of providing the services the municipality will no longer provide to the area after disconnection.

that the county in which the area proposed for disconnection is located is capable, in a cost-effective manner and without materially increasing the county's costs of providing municipal services, of providing to the area the services that the municipality will no longer provide to the area due to the disconnection.
Section 10-2-502.7(3)(d)Verify source
§ 10-2-502.7(4)Subsection 10-2-502.7(4)Provision

Source excerpt

The court must consider all relevant factors when deciding whether the petitioner has met the burden of proof, including effects of the proposed disconnection on listed public and community interests.

In determining whether the petitioner has met the petitioner's burden of proof with respect to Subsections (3)(c)(i) and (ii) , the court shall consider all relevant factors, including the effect of the proposed disconnection on: the municipality or community as a whole; adjoining property owners; existing or projected streets or public ways; water mains and water services; sewer mains and sewer services; law enforcement; zoning; and other municipal services.
Section 10-2-502.7(4)Verify source
§ 10-2-502.7(4)(a)Subsection 10-2-502.7(4)(a)Provision

Source excerpt

the municipality or community as a whole;

the municipality or community as a whole;
Section 10-2-502.7(4)(a)Verify source
§ 10-2-502.7(4)(b)Subsection 10-2-502.7(4)(b)Provision

Source excerpt

adjoining property owners;

adjoining property owners;
Section 10-2-502.7(4)(b)Verify source
§ 10-2-502.7(4)(c)Subsection 10-2-502.7(4)(c)Provision

Source excerpt

existing or projected streets or public ways;

existing or projected streets or public ways;
Section 10-2-502.7(4)(c)Verify source
§ 10-2-502.7(4)(d)Subsection 10-2-502.7(4)(d)Provision

Source excerpt

water mains and water services;

water mains and water services;
Section 10-2-502.7(4)(d)Verify source
§ 10-2-502.7(4)(e)Subsection 10-2-502.7(4)(e)Provision

Source excerpt

sewer mains and sewer services;

sewer mains and sewer services;
Section 10-2-502.7(4)(e)Verify source
§ 10-2-502.7(4)(f)Subsection 10-2-502.7(4)(f)Provision

Source excerpt

law enforcement;

law enforcement;
Section 10-2-502.7(4)(f)Verify source
§ 10-2-502.7(4)(g)Subsection 10-2-502.7(4)(g)Provision

Source excerpt

zoning; and

zoning; and
Section 10-2-502.7(4)(g)Verify source
§ 10-2-502.7(4)(h)Subsection 10-2-502.7(4)(h)Provision

Source excerpt

other municipal services.

other municipal services.
Section 10-2-502.7(4)(h)Verify source
§ 10-2-502.7(5)Subsection 10-2-502.7(5)Provision

Source excerpt

The court must put any order granting or denying disconnection in writing and include findings and reasons.

The court's order either ordering or rejecting disconnection shall be in writing with findings and reasons.
Section 10-2-502.7(5)Verify source

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