United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-810

Protest to annexation petition -- Planning advisory area planning commission recommendation -- Petition requirements -- Disposition of petition if no protest filed -- Public hearing and notice. A…

Source excerpt

annexation proceduremunicipal annexationmunicipal governancepetition procedurepetition protestprotest filingpublic hearing noticereal propertyrecords officer

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Protest to annexation petition -- Planning advisory area planning commission recommendation -- Petition requirements -- Disposition of petition if no protest filed -- Public hearing and notice. A protest to an annexation petition under”

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Protest to annexation petition -- Planning advisory area planning commission recommendation -- Petition requirements -- Disposition of petition if no protest filed -- Public hearing and notice.

Section 10-2-810

Subsection 10-2-810(2)(b)

state each reason for the protest of the annexation petition and justification for the protest under the standards established in this part;

Section 10-2-810(2)(b)

Subsection 10-2-810(4)(b)(ii)

This text refers to creating the boundary commission under Section 10-2-809 if it has not already been created.

Section 10-2-810(4)(b)(ii)

Subsection 10-2-810(5)(b)(ii)

the boundary commission; and

Section 10-2-810(5)(b)(ii)

Subsection 10-2-810(7)(b)

The municipality must publish notice of the public hearing for the municipality and the area proposed for annexation as a class B notice at least seven days before the hearing.

Section 10-2-810(7)(b)

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Showing 30 of 30 provisions

Provision 30

Part 10-2-8

part 10-2-8 Annexation

§ 10-2-810Protest to annexation petition -- Planning advisory area planning commission recommendation -- Petition requirements -- Disposition of petition if no protest filed -- Public hearing and notice.Provision

Source excerpt

Protest to annexation petition -- Planning advisory area planning commission recommendation -- Petition requirements -- Disposition of petition if no protest filed -- Public hearing and notice. A protest to an annexation petition under Section 10-2-806 may only be filed by: the legislative body or governing board of an affected entity; an owner of rural real property located within the area proposed for annexation; or an owner of private real property located in a mining protection area. Each protest under Subsection (1) shall: be filed with the county clerk of the county in which the area proposed for annexation is located; state each reason for the protest of the annexation petition and justification for the protest under the standards established in this part; contain any information that the county boundary commission requires or the party filing the protest considers relevant to the protest; and contain the name and address of a contact person who is to receive notices sent by the boundary commission with respect to the protest proceedings. The party filing a protest under this section shall on the same date deliver or mail a copy of the protest to the municipal records officer of the proposed annexing municipality. Each county clerk who receives a protest under Subsection (2)(a) shall: immediately notify the county legislative body of the protest; and deliver the protest to the boundary commission within five days after: receipt of the protest, if the boundary commission has previously been created; or creation of the boundary commission under Section 10-2-809 , if the boundary commission has not previously been created. If a protest is filed under this section: the municipal legislative body may, at the next regular municipal legislative meeting occurring within 30 days of the day of certification, as described in Subsection 10-2-807(3) , deny the annexation petition; or if the municipal legislative body does not deny the annexation petition under Subsection (5)(a)(i) , the municipal legislative body may not take further action on the annexation petition until after receipt of the boundary commission's notice of its decision on the protest under Section 10-2-811 . If a municipal legislative body denies an annexation petition under Subsection (5)(a)(i) , the municipal legislative body shall, within five days after the denial, send notice of the denial in writing to: the contact sponsor of the annexation petition; the boundary commission; and each entity that filed a protest. A protest may not be filed later than 30 days after the day of certification, as described in Subsection 10-2-807(3) . If no timely protest is filed under this section, the municipal legislative body may, subject to Subsection (7) , approve the annexation petition. Before approving an annexation petition under Subsection (6) , the municipal legislative body shall: hold a public hearing; and provide notice of the public hearing by publishing the notice for the municipality and the area proposed for annexation, as a class B notice under Section 63G-30-102 , for at least seven days before the date of the public hearing.

Section 10-2-810Verify source

§ 10-2-810(1)Subsection 10-2-810(1)Provision

Source excerpt

Only certain listed parties may file a protest to an annexation petition under Section 10-2-806.

A protest to an annexation petition under Section 10-2-806 may only be filed by: the legislative body or governing board of an affected entity; an owner of rural real property located within the area proposed for annexation; or an owner of private real property located in a mining protection area.

Section 10-2-810(1)Verify source

§ 10-2-810(1)(a)Subsection 10-2-810(1)(a)Provision

Source excerpt

Refers to the legislative body or governing board of an affected entity.

the legislative body or governing board of an affected entity;

Section 10-2-810(1)(a)Verify source

§ 10-2-810(1)(b)Subsection 10-2-810(1)(b)Provision

Source excerpt

Refers to an owner of rural real property within the area proposed for annexation.

an owner of rural real property located within the area proposed for annexation; or

Section 10-2-810(1)(b)Verify source

§ 10-2-810(1)(c)Subsection 10-2-810(1)(c)Provision

Source excerpt

This text identifies an owner of private real property located in a mining protection area.

an owner of private real property located in a mining protection area.

Section 10-2-810(1)(c)Verify source

§ 10-2-810(2)Subsection 10-2-810(2)Provision

Source excerpt

A protest under Subsection (1) must be filed with the county clerk and include the protest’s reasons, supporting justification, any required or relevant information, and a contact person’s name and address.

Each protest under Subsection (1) shall: be filed with the county clerk of the county in which the area proposed for annexation is located; state each reason for the protest of the annexation petition and justification for the protest under the standards established in this part; contain any information that the county boundary commission requires or the party filing the protest considers relevant to the protest; and contain the name and address of a contact person who is to receive notices sent by the boundary commission with respect to the protest proceedings.

Section 10-2-810(2)Verify source

§ 10-2-810(2)(a)Subsection 10-2-810(2)(a)Provision

Source excerpt

A filing must be made with the county clerk of the county where the proposed annexation area is located.

be filed with the county clerk of the county in which the area proposed for annexation is located;

Section 10-2-810(2)(a)Verify source

§ 10-2-810(2)(b)Subsection 10-2-810(2)(b)Provision

Source excerpt

state each reason for the protest of the annexation petition and justification for the protest under the standards established in this part;

Section 10-2-810(2)(b)Verify source

§ 10-2-810(2)(c)Subsection 10-2-810(2)(c)Provision

Source excerpt

contain any information that the county boundary commission requires or the party filing the protest considers relevant to the protest; and

Section 10-2-810(2)(c)Verify source

§ 10-2-810(2)(d)Subsection 10-2-810(2)(d)Provision

Source excerpt

A filing must include the name and address of a contact person for notices from the boundary commission about the protest proceedings.

contain the name and address of a contact person who is to receive notices sent by the boundary commission with respect to the protest proceedings.

Section 10-2-810(2)(d)Verify source

§ 10-2-810(3)Subsection 10-2-810(3)Provision

Source excerpt

The party filing a protest under this section shall on the same date deliver or mail a copy of the protest to the municipal records officer of the proposed annexing municipality.

Section 10-2-810(3)Verify source

§ 10-2-810(4)Subsection 10-2-810(4)Provision

Source excerpt

A county clerk who receives a protest must immediately notify the county legislative body and deliver the protest to the boundary commission within five days, either after receipt or after the commission is created, depending on whether the commission already exists.

Each county clerk who receives a protest under Subsection (2)(a) shall: immediately notify the county legislative body of the protest; and deliver the protest to the boundary commission within five days after: receipt of the protest, if the boundary commission has previously been created; or creation of the boundary commission under Section 10-2-809 , if the boundary commission has not previously been created.

Section 10-2-810(4)Verify source

§ 10-2-810(4)(a)Subsection 10-2-810(4)(a)Provision

Source excerpt

An unspecified actor must immediately notify the county legislative body of the protest.

immediately notify the county legislative body of the protest; and

Section 10-2-810(4)(a)Verify source

§ 10-2-810(4)(b)Subsection 10-2-810(4)(b)Provision

Source excerpt

The protest must be delivered to the boundary commission within five days after the protest is received, or within five days after the boundary commission is created if it was not previously created.

deliver the protest to the boundary commission within five days after: receipt of the protest, if the boundary commission has previously been created; or creation of the boundary commission under Section 10-2-809 , if the boundary commission has not previously been created.

Section 10-2-810(4)(b)Verify source

§ 10-2-810(4)(b)(i)Subsection 10-2-810(4)(b)(i)Provision

Source excerpt

receipt of the protest, if the boundary commission has previously been created; or

Section 10-2-810(4)(b)(i)Verify source

§ 10-2-810(4)(b)(ii)Subsection 10-2-810(4)(b)(ii)Provision

Source excerpt

This text refers to creating the boundary commission under Section 10-2-809 if it has not already been created.

creation of the boundary commission under Section 10-2-809 , if the boundary commission has not previously been created.

Section 10-2-810(4)(b)(ii)Verify source

§ 10-2-810(5)Subsection 10-2-810(5)Provision

Source excerpt

If a protest is filed under this section: the municipal legislative body may, at the next regular municipal legislative meeting occurring within 30 days of the day of certification, as described in Subsection 10-2-807(3) , deny the annexation petition; or if the municipal legislative body does not deny the annexation petition under Subsection (5)(a)(i) , the municipal legislative body may not take further action on the annexation petition until after receipt of the boundary commission's notice of its decision on the protest under Section 10-2-811 . If a municipal legislative body denies an annexation petition under Subsection (5)(a)(i) , the municipal legislative body shall, within five days after the denial, send notice of the denial in writing to: the contact sponsor of the annexation petition; the boundary commission; and each entity that filed a protest.

Section 10-2-810(5)Verify source

§ 10-2-810(5)(a)Subsection 10-2-810(5)(a)Provision

Source excerpt

If a protest is filed, the municipal legislative body may deny the annexation petition at the next regular meeting within 30 days of certification, or it may not take further action until it receives the boundary commission’s notice of decision on the protest.

Section 10-2-810(5)(a)Verify source

§ 10-2-810(5)(a)(i)Subsection 10-2-810(5)(a)(i)Provision

Source excerpt

The municipal legislative body may deny the annexation petition at the next regular municipal legislative meeting within 30 days after certification.

the municipal legislative body may, at the next regular municipal legislative meeting occurring within 30 days of the day of certification, as described in Subsection 10-2-807(3) , deny the annexation petition; or

Section 10-2-810(5)(a)(i)Verify source

§ 10-2-810(5)(a)(ii)Subsection 10-2-810(5)(a)(ii)Provision

Source excerpt

If the municipal legislative body does not deny the annexation petition, it may not take further action on the petition until it receives the boundary commission’s notice of decision on the protest.

if the municipal legislative body does not deny the annexation petition under Subsection (5)(a)(i) , the municipal legislative body may not take further action on the annexation petition until after receipt of the boundary commission's notice of its decision on the protest under Section 10-2-811 .

Section 10-2-810(5)(a)(ii)Verify source

§ 10-2-810(5)(b)Subsection 10-2-810(5)(b)Provision

Source excerpt

If a municipal legislative body denies an annexation petition under Subsection (5)(a)(i), it must send written notice of the denial within five days.

If a municipal legislative body denies an annexation petition under Subsection (5)(a)(i) , the municipal legislative body shall, within five days after the denial, send notice of the denial in writing to: the contact sponsor of the annexation petition; the boundary commission; and each entity that filed a protest.

Section 10-2-810(5)(b)Verify source

§ 10-2-810(5)(b)(i)Subsection 10-2-810(5)(b)(i)Provision

Source excerpt

the contact sponsor of the annexation petition;

Section 10-2-810(5)(b)(i)Verify source

§ 10-2-810(5)(b)(ii)Subsection 10-2-810(5)(b)(ii)Provision

Source excerpt

the boundary commission; and

Section 10-2-810(5)(b)(ii)Verify source

§ 10-2-810(5)(b)(iii)Subsection 10-2-810(5)(b)(iii)Provision

Source excerpt

This provision refers to each entity that filed a protest.

each entity that filed a protest.

Section 10-2-810(5)(b)(iii)Verify source

§ 10-2-810(6)Subsection 10-2-810(6)Provision

Source excerpt

A protest cannot be filed more than 30 days after certification. If no timely protest is filed, the municipal legislative body may approve the annexation petition, subject to Subsection (7).

A protest may not be filed later than 30 days after the day of certification, as described in Subsection 10-2-807(3) . If no timely protest is filed under this section, the municipal legislative body may, subject to Subsection (7) , approve the annexation petition.

Section 10-2-810(6)Verify source

§ 10-2-810(6)(a)Subsection 10-2-810(6)(a)Provision

Source excerpt

A protest may not be filed later than 30 days after the day of certification, as described in Subsection 10-2-807(3) .

Section 10-2-810(6)(a)Verify source

§ 10-2-810(6)(b)Subsection 10-2-810(6)(b)Provision

Source excerpt

If no timely protest is filed, the municipal legislative body may approve the annexation petition, subject to Subsection (7).

If no timely protest is filed under this section, the municipal legislative body may, subject to Subsection (7) , approve the annexation petition.

Section 10-2-810(6)(b)Verify source

§ 10-2-810(7)Subsection 10-2-810(7)Provision

Source excerpt

Before approving an annexation petition, the municipal legislative body must hold a public hearing and publish notice of it for at least seven days in the required class B form.

Before approving an annexation petition under Subsection (6) , the municipal legislative body shall: hold a public hearing; and provide notice of the public hearing by publishing the notice for the municipality and the area proposed for annexation, as a class B notice under Section 63G-30-102 , for at least seven days before the date of the public hearing.

Section 10-2-810(7)Verify source

§ 10-2-810(7)(a)Subsection 10-2-810(7)(a)Provision

Source excerpt

hold a public hearing; and

Section 10-2-810(7)(a)Verify source

§ 10-2-810(7)(b)Subsection 10-2-810(7)(b)Provision

Source excerpt

The municipality must publish notice of the public hearing for the municipality and the area proposed for annexation as a class B notice at least seven days before the hearing.

provide notice of the public hearing by publishing the notice for the municipality and the area proposed for annexation, as a class B notice under Section 63G-30-102 , for at least seven days before the date of the public hearing.

Section 10-2-810(7)(b)Verify source

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Utah Code § 10-2-810

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