United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2-812

Source excerpt

annexationcounty recommendationgeographic scopegovernment consolidationland area thresholdsland uselandowner consentlocal governmentlocal government approvallocal government approvalslocal government compliancelocal government processmunicipal annexationmunicipal annexation processmunicipal boundariesmunicipal boundarymunicipal expansionmunicipal governancemunicipal procedureordinance adoptionpropertyproperty protestspublic hearingpublic hearing noticepublic noticeresidentswritten protests

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

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“Annexation of an island or peninsula without a petition -- Notice -- Hearing. Notwithstanding Subsection 10-2-804(4) , a municipality may annex an unincorporated area under this section without an annexation petition if: for an”

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Annexation of an island or peninsula without a petition -- Notice -- Hearing.

Section 10-2-812

Subsection 10-2-812(1)(b)(iv)(B)

the area to be annexed is located in the expansion area of a municipality; and

Section 10-2-812(1)(b)(iv)(B)

Subsection 10-2-812(5)(a)(iii)

describes the area proposed for annexation; and

Section 10-2-812(5)(a)(iii)

Subsection 10-2-812(6)(c)(i)(B)

the area to be annexed is not likely to be naturally annexed by the municipality in the future as the result of urban development;

Section 10-2-812(6)(c)(i)(B)

Subsection 10-2-812(8)(b)

the requirements of Subsection (2) are met.

Section 10-2-812(8)(b)

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Showing 69 of 69 provisions

Provision 69

Part 10-2-8

part 10-2-8 Annexation

§ 10-2-812Annexation of an island or peninsula without a petition -- Notice -- Hearing.Provision

Source excerpt

Annexation of an island or peninsula without a petition -- Notice -- Hearing. Notwithstanding Subsection 10-2-804(4) , a municipality may annex an unincorporated area under this section without an annexation petition if: for an unincorporated area within the expansion area of more than one municipality, each municipality agrees to the annexation; and the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality; the majority of each island or peninsula consists of residential or commercial development; the area proposed for annexation requires the delivery of municipal-type services; and the municipality has provided most or all of the municipal-type services to the area for more than one year; the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and the municipality has provided one or more municipal-type services to the area for at least one year; the area consists of: an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and no more than 50 acres; or the area to be annexed consists only of one or more unincorporated islands in a county of the second class; the area to be annexed is located in the expansion area of a municipality; and the county legislative body in which the municipality is located provides notice to each property owner within the area to be annexed that the county legislative body will hold a public hearing, no less than 15 days after the day on which the county legislative body provides the notice, and may make a recommendation of annexation to the municipality whose expansion area includes the area to be annexed after the public hearing. Notwithstanding Subsection 10-2-804(2)(c) , a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if: in adopting the resolution under Subsection (3)(a) the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and for an annexation of one or more unincorporated islands under Subsection (1)(b), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (1)(b)(ii) relating to the number of residents. The legislative body of each municipality intending to annex an area under this section shall: adopt a resolution indicating the municipal legislative body's intent to annex the area, describing the area proposed to be annexed; and hold a public hearing on the proposed annexation no earlier than 30 days after the adoption of the resolution described in Subsection (3)(a). A legislative body described in Subsection (3) shall provide notice of a public hearing described in Subsection (3)(b): for at least three weeks before the day of the public hearing, for the municipality and the area proposed for annexation, as a class B notice under Section 63G-30-102 ; and by sending written notice to: the board of each special district and special service district whose boundaries contain some or all of the area proposed for annexation; and the legislative body of the county in which the area proposed for annexation is located. The legislative body of the annexing municipality shall ensure that: each notice described in Subsection (4): states that the municipal legislative body has adopted a resolution indicating the municipality's intent to annex the area proposed for annexation; states the date, time, and place of the public hearing described in Subsection (3)(b); describes the area proposed for annexation; and except for an annexation that meets the requirements of Subsection (6)(b) or (c) , states in conspicuous and plain terms that the municipal legislative body will annex the area unless, at or before the public hearing described in Subsection (3)(b), written protests to the annexation are filed by the owners of private real property that: is located within the area proposed for annexation; covers a majority of the total private land area within the entire area proposed for annexation; and is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation; and the first publication of the notice described in Subsection (4)(a) occurs within 14 days after the day on which the municipal legislative body adopts a resolution under Subsection (3)(a). Except as provided in Subsections (6)(b)(i) and (6)(c)(i), upon conclusion of the public hearing described in Subsection (3)(b), the municipal legislative body may adopt an ordinance approving the annexation of the area proposed for annexation under this section unless, at or before the hearing, written protests to the annexation have been filed with the recorder or clerk of the municipality by the owners of private real property that: is located within the area proposed for annexation; covers a majority of the total private land area within the entire area proposed for annexation; and is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation. Notwithstanding Subsection (6)(a), upon conclusion of the public hearing described in Subsection (3)(b), a municipality may adopt an ordinance approving the annexation of the area proposed for annexation under this section without allowing or considering protests under Subsection (6)(a) if the owners of at least 75% of the total private land area within the entire area proposed for annexation, representing at least 75% of the value of the private real property within the entire area proposed for annexation, have consented in writing to the annexation. Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(b)(i), the area annexed is conclusively presumed to be validly annexed. Notwithstanding Subsection (6)(a), upon conclusion of the public hearing described in Subsection (3)(b), a municipality may adopt an ordinance approving the annexation of an area that the county legislative body proposes for annexation under this section without allowing or considering protests under Subsection (6)(a) if the county legislative body has formally recommended annexation to the annexing municipality and has made a formal finding that: the area to be annexed can be more efficiently served by the municipality than by the county; the area to be annexed is not likely to be naturally annexed by the municipality in the future as the result of urban development; annexation of the area is likely to facilitate the consolidation of overlapping functions of local government; and annexation of the area is likely to result in an equitable distribution of community resources and obligations. The county legislative body may base the finding required in Subsection (6)(c)(i)(B) on: existing development in the area; natural or other conditions that may limit the future development of the area; or other factors that the county legislative body considers relevant. A county legislative body may make the recommendation for annexation required in Subsection (6)(c)(i) for only a portion of an unincorporated island if, as a result of information provided at the public hearing, the county legislative body makes a formal finding that it would be equitable to leave a portion of the island unincorporated. If a county legislative body has made a recommendation of annexation under Subsection (6)(c)(i): the relevant municipality is not required to proceed with the recommended annexation; and if the relevant municipality proceeds with annexation, the municipality shall annex the entire area that the county legislative body recommended for annexation. Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(c)(i), the area annexed is conclusively presumed to be validly annexed. Except as provided in Subsections (6)(b)(i) and (6)(c)(i), if protests are timely filed under Subsection (6)(a), the municipal legislative body may not adopt an ordinance approving the annexation of the area proposed for annexation, and the annexation proceedings under this section shall be considered terminated. Subsection (7)(a) does not prohibit the municipal legislative body from excluding from a proposed annexation under Subsection (1)(b) the property within an unincorporated island regarding which protests have been filed and proceeding under Subsection (2) to annex some or all of the remaining portion of the unincorporated island. Nothing in this section prohibits a municipal legislative body from excluding from a proposed annexation any property that is the subject of a protest, or excluding from a proposed annexation any property for any other reason, and proceeding with the annexation of the non-excluded property if: the non-excluded property complies with Subsection (1) ; and the requirements of Subsection (2) are met.

Section 10-2-812Verify source

§ 10-2-812(1)Subsection 10-2-812(1)Provision

Source excerpt

Notwithstanding Subsection 10-2-804(4) , a municipality may annex an unincorporated area under this section without an annexation petition if: for an unincorporated area within the expansion area of more than one municipality, each municipality agrees to the annexation; and the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality; the majority of each island or peninsula consists of residential or commercial development; the area proposed for annexation requires the delivery of municipal-type services; and the municipality has provided most or all of the municipal-type services to the area for more than one year; the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and the municipality has provided one or more municipal-type services to the area for at least one year; the area consists of: an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and no more than 50 acres; or the area to be annexed consists only of one or more unincorporated islands in a county of the second class; the area to be annexed is located in the expansion area of a municipality; and the county legislative body in which the municipality is located provides notice to each property owner within the area to be annexed that the county legislative body will hold a public hearing, no less than 15 days after the day on which the county legislative body provides the notice, and may make a recommendation of annexation to the municipality whose expansion area includes the area to be annexed after the public hearing.

Section 10-2-812(1)Verify source

§ 10-2-812(1)(a)Subsection 10-2-812(1)(a)Provision

Source excerpt

For an unincorporated area in the expansion area of more than one municipality, each municipality must agree to the annexation.

for an unincorporated area within the expansion area of more than one municipality, each municipality agrees to the annexation; and

Section 10-2-812(1)(a)Verify source

§ 10-2-812(1)(b)Subsection 10-2-812(1)(b)Provision

Source excerpt

the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality; the majority of each island or peninsula consists of residential or commercial development; the area proposed for annexation requires the delivery of municipal-type services; and the municipality has provided most or all of the municipal-type services to the area for more than one year; the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and the municipality has provided one or more municipal-type services to the area for at least one year; the area consists of: an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and no more than 50 acres; or the area to be annexed consists only of one or more unincorporated islands in a county of the second class; the area to be annexed is located in the expansion area of a municipality; and the county legislative body in which the municipality is located provides notice to each property owner within the area to be annexed that the county legislative body will hold a public hearing, no less than 15 days after the day on which the county legislative body provides the notice, and may make a recommendation of annexation to the municipality whose expansion area includes the area to be annexed after the public hearing.

Section 10-2-812(1)(b)Verify source

§ 10-2-812(1)(b)(i)Subsection 10-2-812(1)(b)(i)Provision

Source excerpt

Section 10-2-812(1)(b)(i)Verify source

§ 10-2-812(1)(b)(i)(A)Subsection 10-2-812(1)(b)(i)(A)Provision

Source excerpt

the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality;

Section 10-2-812(1)(b)(i)(A)Verify source

§ 10-2-812(1)(b)(i)(B)Subsection 10-2-812(1)(b)(i)(B)Provision

Source excerpt

the majority of each island or peninsula consists of residential or commercial development;

Section 10-2-812(1)(b)(i)(B)Verify source

§ 10-2-812(1)(b)(i)(C)Subsection 10-2-812(1)(b)(i)(C)Provision

Source excerpt

the area proposed for annexation requires the delivery of municipal-type services; and

Section 10-2-812(1)(b)(i)(C)Verify source

§ 10-2-812(1)(b)(i)(D)Subsection 10-2-812(1)(b)(i)(D)Provision

Source excerpt

This provision describes a municipality that has provided most or all municipal-type services to an area for more than one year.

the municipality has provided most or all of the municipal-type services to the area for more than one year;

Section 10-2-812(1)(b)(i)(D)Verify source

§ 10-2-812(1)(b)(ii)Subsection 10-2-812(1)(b)(ii)Provision

Source excerpt

The area to be annexed must be an unincorporated island or peninsula contiguous to the municipality with fewer than 800 residents, and the municipality must have provided municipal-type services there for at least one year.

the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and the municipality has provided one or more municipal-type services to the area for at least one year;

Section 10-2-812(1)(b)(ii)Verify source

§ 10-2-812(1)(b)(ii)(A)Subsection 10-2-812(1)(b)(ii)(A)Provision

Source excerpt

The area to be annexed must be an unincorporated island or peninsula contiguous to the municipality, and each such area must have fewer than 800 residents.

the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and

Section 10-2-812(1)(b)(ii)(A)Verify source

§ 10-2-812(1)(b)(ii)(B)Subsection 10-2-812(1)(b)(ii)(B)Provision

Source excerpt

This text describes a municipality having provided one or more municipal-type services to the area for at least one year.

the municipality has provided one or more municipal-type services to the area for at least one year;

Section 10-2-812(1)(b)(ii)(B)Verify source

§ 10-2-812(1)(b)(iii)Subsection 10-2-812(1)(b)(iii)Provision

Source excerpt

The area must be an unincorporated island or contiguous unincorporated peninsula within or next to the municipality, and it must be no more than 50 acres.

the area consists of: an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and no more than 50 acres; or

Section 10-2-812(1)(b)(iii)Verify source

§ 10-2-812(1)(b)(iii)(A)Subsection 10-2-812(1)(b)(iii)(A)Provision

Source excerpt

an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and

Section 10-2-812(1)(b)(iii)(A)Verify source

§ 10-2-812(1)(b)(iii)(B)Subsection 10-2-812(1)(b)(iii)(B)Provision

Source excerpt

no more than 50 acres; or

Section 10-2-812(1)(b)(iii)(B)Verify source

§ 10-2-812(1)(b)(iv)Subsection 10-2-812(1)(b)(iv)Provision

Source excerpt

the area to be annexed consists only of one or more unincorporated islands in a county of the second class; the area to be annexed is located in the expansion area of a municipality; and the county legislative body in which the municipality is located provides notice to each property owner within the area to be annexed that the county legislative body will hold a public hearing, no less than 15 days after the day on which the county legislative body provides the notice, and may make a recommendation of annexation to the municipality whose expansion area includes the area to be annexed after the public hearing.

Section 10-2-812(1)(b)(iv)Verify source

§ 10-2-812(1)(b)(iv)(A)Subsection 10-2-812(1)(b)(iv)(A)Provision

Source excerpt

the area to be annexed consists only of one or more unincorporated islands in a county of the second class;

Section 10-2-812(1)(b)(iv)(A)Verify source

§ 10-2-812(1)(b)(iv)(B)Subsection 10-2-812(1)(b)(iv)(B)Provision

Source excerpt

the area to be annexed is located in the expansion area of a municipality; and

Section 10-2-812(1)(b)(iv)(B)Verify source

§ 10-2-812(1)(b)(iv)(C)Subsection 10-2-812(1)(b)(iv)(C)Provision

Source excerpt

The county legislative body must notify each property owner in the area to be annexed, and the public hearing must be held at least 15 days after notice. After the hearing, it may recommend annexation to the municipality.

the county legislative body in which the municipality is located provides notice to each property owner within the area to be annexed that the county legislative body will hold a public hearing, no less than 15 days after the day on which the county legislative body provides the notice, and may make a recommendation of annexation to the municipality whose expansion area includes the area to be annexed after the public hearing.

Section 10-2-812(1)(b)(iv)(C)Verify source

§ 10-2-812(2)Subsection 10-2-812(2)Provision

Source excerpt

A municipality may annex part of an unincorporated island or peninsula if its legislative body finds that annexing only part is in the municipality’s best interest and the resident-number requirement is met.

Notwithstanding Subsection 10-2-804(2)(c) , a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if: in adopting the resolution under Subsection (3)(a) the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and for an annexation of one or more unincorporated islands under Subsection (1)(b), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (1)(b)(ii) relating to the number of residents.

Section 10-2-812(2)Verify source

§ 10-2-812(2)(a)Subsection 10-2-812(2)(a)Provision

Source excerpt

When adopting the resolution under Subsection (3)(a), the municipal legislative body must determine that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality’s best interest.

in adopting the resolution under Subsection (3)(a) the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and

Section 10-2-812(2)(a)Verify source

§ 10-2-812(2)(b)Subsection 10-2-812(2)(b)Provision

Source excerpt

For an annexation of one or more unincorporated islands, the entire unincorporated island area being annexed must meet the resident-number requirement in Subsection (1)(b)(ii).

for an annexation of one or more unincorporated islands under Subsection (1)(b), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (1)(b)(ii) relating to the number of residents.

Section 10-2-812(2)(b)Verify source

§ 10-2-812(3)Subsection 10-2-812(3)Provision

Source excerpt

A municipality’s legislative body that intends to annex an area must adopt a resolution stating that intent and describing the area, then hold a public hearing on the proposed annexation at least 30 days later.

The legislative body of each municipality intending to annex an area under this section shall: adopt a resolution indicating the municipal legislative body's intent to annex the area, describing the area proposed to be annexed; and hold a public hearing on the proposed annexation no earlier than 30 days after the adoption of the resolution described in Subsection (3)(a).

Section 10-2-812(3)Verify source

§ 10-2-812(3)(a)Subsection 10-2-812(3)(a)Provision

Source excerpt

adopt a resolution indicating the municipal legislative body's intent to annex the area, describing the area proposed to be annexed; and

Section 10-2-812(3)(a)Verify source

§ 10-2-812(3)(b)Subsection 10-2-812(3)(b)Provision

Source excerpt

A public hearing on the proposed annexation must be held no earlier than 30 days after the related resolution is adopted.

hold a public hearing on the proposed annexation no earlier than 30 days after the adoption of the resolution described in Subsection (3)(a).

Section 10-2-812(3)(b)Verify source

§ 10-2-812(4)Subsection 10-2-812(4)Provision

Source excerpt

A legislative body must give notice of the public hearing at least three weeks before it occurs and send written notice to specified local and district bodies.

A legislative body described in Subsection (3) shall provide notice of a public hearing described in Subsection (3)(b): for at least three weeks before the day of the public hearing, for the municipality and the area proposed for annexation, as a class B notice under Section 63G-30-102 ; and by sending written notice to: the board of each special district and special service district whose boundaries contain some or all of the area proposed for annexation; and the legislative body of the county in which the area proposed for annexation is located.

Section 10-2-812(4)Verify source

§ 10-2-812(4)(a)Subsection 10-2-812(4)(a)Provision

Source excerpt

A class B notice must be given for at least three weeks before the public hearing.

for at least three weeks before the day of the public hearing, for the municipality and the area proposed for annexation, as a class B notice under Section 63G-30-102 ; and

Section 10-2-812(4)(a)Verify source

§ 10-2-812(4)(b)Subsection 10-2-812(4)(b)Provision

Source excerpt

by sending written notice to: the board of each special district and special service district whose boundaries contain some or all of the area proposed for annexation; and the legislative body of the county in which the area proposed for

Section 10-2-812(4)(b)Verify source

§ 10-2-812(4)(b)(i)Subsection 10-2-812(4)(b)(i)Provision

Source excerpt

the board of each special district and special service district whose boundaries contain some or all of the area proposed for annexation; and

Section 10-2-812(4)(b)(i)Verify source

§ 10-2-812(4)(b)(ii)Subsection 10-2-812(4)(b)(ii)Provision

Source excerpt

the legislative body of the county in which the area proposed for annexation is located.

Section 10-2-812(4)(b)(ii)Verify source

§ 10-2-812(5)Subsection 10-2-812(5)Provision

Source excerpt

The legislative body of the annexing municipality must make sure the required annexation notice includes specific statements about the resolution, hearing details, area description, and protest warning, and that the first publication happens within 14 days after the resolution.

The legislative body of the annexing municipality shall ensure that: each notice described in Subsection (4): states that the municipal legislative body has adopted a resolution indicating the municipality's intent to annex the area proposed for annexation; states the date, time, and place of the public hearing described in Subsection (3)(b); describes the area proposed for annexation; and except for an annexation that meets the requirements of Subsection (6)(b) or (c) , states in conspicuous and plain terms that the municipal legislative body will annex the area unless, at or before the public hearing described in Subsection (3)(b), written protests to the annexation are filed by the owners of private real property that: is located within the area proposed for annexation; covers a majority of the total private land area within the entire area proposed for annexation; and is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation; and the first publication of the notice described in Subsection (4)(a) occurs within 14 days after the day on which the municipal legislative body adopts a resolution under Subsection (3)(a).

Section 10-2-812(5)Verify source

§ 10-2-812(5)(a)Subsection 10-2-812(5)(a)Provision

Source excerpt

Each notice must include the annexation resolution, hearing details, a description of the area, and—unless an exception applies—a plain warning that the municipality will annex unless qualifying written protests are filed before or at the hearing.

each notice described in Subsection (4): states that the municipal legislative body has adopted a resolution indicating the municipality's intent to annex the area proposed for annexation; states the date, time, and place of the public hearing described in Subsection (3)(b); describes the area proposed for annexation; and except for an annexation that meets the requirements of Subsection (6)(b) or (c) , states in conspicuous and plain terms that the municipal legislative body will annex the area unless, at or before the public hearing described in Subsection (3)(b), written protests to the annexation are filed by the owners of private real property that: is located within the area proposed for annexation; covers a majority of the total private land area within the entire area proposed for annexation; and is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation; and

Section 10-2-812(5)(a)Verify source

§ 10-2-812(5)(a)(i)Subsection 10-2-812(5)(a)(i)Provision

Source excerpt

states that the municipal legislative body has adopted a resolution indicating the municipality's intent to annex the area proposed for annexation;

Section 10-2-812(5)(a)(i)Verify source

§ 10-2-812(5)(a)(ii)Subsection 10-2-812(5)(a)(ii)Provision

Source excerpt

states the date, time, and place of the public hearing described in Subsection (3)(b);

Section 10-2-812(5)(a)(ii)Verify source

§ 10-2-812(5)(a)(iii)Subsection 10-2-812(5)(a)(iii)Provision

Source excerpt

describes the area proposed for annexation; and

Section 10-2-812(5)(a)(iii)Verify source

§ 10-2-812(5)(a)(iv)Subsection 10-2-812(5)(a)(iv)Provision

Source excerpt

except for an annexation that meets the requirements of Subsection (6)(b) or (c) , states in conspicuous and plain terms that the municipal legislative body will annex the area unless, at or before the public hearing described in Subsection (3)(b), written protests to the annexation are filed by the owners of private real property that: is located within the area proposed for annexation; covers a majority of the total private land area within the entire area proposed for annexation; and is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation; and

Section 10-2-812(5)(a)(iv)Verify source

§ 10-2-812(5)(a)(iv)(A)Subsection 10-2-812(5)(a)(iv)(A)Provision

Source excerpt

is located within the area proposed for annexation;

Section 10-2-812(5)(a)(iv)(A)Verify source

§ 10-2-812(5)(a)(iv)(B)Subsection 10-2-812(5)(a)(iv)(B)Provision

Source excerpt

The referenced area must cover a majority of the total private land area within the area proposed for annexation.

covers a majority of the total private land area within the entire area proposed for annexation; and

Section 10-2-812(5)(a)(iv)(B)Verify source

§ 10-2-812(5)(a)(iv)(C)Subsection 10-2-812(5)(a)(iv)(C)Provision

Source excerpt

The property value must meet a minimum threshold: at least half of the value of all private real property in the area proposed for annexation.

is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation; and

Section 10-2-812(5)(a)(iv)(C)Verify source

§ 10-2-812(5)(b)Subsection 10-2-812(5)(b)Provision

Source excerpt

The first publication of the notice in Subsection (4)(a) must occur within 14 days after the municipal legislative body adopts a resolution under Subsection (3)(a).

the first publication of the notice described in Subsection (4)(a) occurs within 14 days after the day on which the municipal legislative body adopts a resolution under Subsection (3)(a).

Section 10-2-812(5)(b)Verify source

§ 10-2-812(6)Subsection 10-2-812(6)Provision

Source excerpt

Except as provided in Subsections (6)(b)(i) and (6)(c)(i), upon conclusion of the public hearing described in Subsection (3)(b), the municipal legislative body may adopt an ordinance approving the annexation of the area proposed for annexation under this section unless, at or before the hearing, written protests to the annexation have been filed with the recorder or clerk of the municipality by the owners of private real property that: is located within the area proposed for annexation; covers a majority of the total private land area within the entire area proposed for annexation; and is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation. Notwithstanding Subsection (6)(a), upon conclusion of the public hearing described in Subsection (3)(b), a municipality may adopt an ordinance approving the annexation of the area proposed for annexation under this section without allowing or considering protests under Subsection (6)(a) if the owners of at least 75% of the total private land area within the entire area proposed for annexation, representing at least 75% of the value of the private real property within the entire area proposed for annexation, have consented in writing to the annexation. Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(b)(i), the area annexed is conclusively presumed to be validly annexed. Notwithstanding Subsection (6)(a), upon conclusion of the public hearing described in Subsection (3)(b), a municipality may adopt an ordinance approving the annexation of an area that the county legislative body proposes for annexation under this section without allowing or considering protests under Subsection (6)(a) if the county legislative body has formally recommended annexation to the annexing municipality and has made a formal finding that: the area to be annexed can be more efficiently served by the municipality than by the county; the area to be annexed is not likely to be naturally annexed by the municipality in the future as the result of urban development; annexation of the area is likely to facilitate the consolidation of overlapping functions of local government; and annexation of the area is likely to result in an equitable distribution of community resources and obligations. The county legislative body may base the finding required in Subsection (6)(c)(i)(B) on: existing development in the area; natural or other conditions that may limit the future development of the area; or other factors that the county legislative body considers relevant. A county legislative body may make the recommendation for annexation required in Subsection (6)(c)(i) for only a portion of an unincorporated island if, as a result of information provided at the public hearing, the county legislative body makes a formal finding that it would be equitable to leave a portion of the island unincorporated. If a county legislative body has made a recommendation of annexation under Subsection (6)(c)(i): the relevant municipality is not required to proceed with the recommended annexation; and if the relevant municipality proceeds with annexation, the municipality shall annex the entire area that the county legislative body recommended for annexation. Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(c)(i), the area annexed is conclusively presumed to be validly annexed.

Section 10-2-812(6)Verify source

§ 10-2-812(6)(a)Subsection 10-2-812(6)(a)Provision

Source excerpt

The municipal legislative body may approve the annexation ordinance after the public hearing, unless qualifying written protests are filed on time by owners of private real property in the area.

Section 10-2-812(6)(a)Verify source

§ 10-2-812(6)(a)(i)Subsection 10-2-812(6)(a)(i)Provision

Source excerpt

is located within the area proposed for annexation;

Section 10-2-812(6)(a)(i)Verify source

§ 10-2-812(6)(a)(ii)Subsection 10-2-812(6)(a)(ii)Provision

Source excerpt

covers a majority of the total private land area within the entire area proposed for annexation; and

Section 10-2-812(6)(a)(ii)Verify source

§ 10-2-812(6)(a)(iii)Subsection 10-2-812(6)(a)(iii)Provision

Source excerpt

A value must be at least half of all private real property in the proposed annexation area.

is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation.

Section 10-2-812(6)(a)(iii)Verify source

§ 10-2-812(6)(b)Subsection 10-2-812(6)(b)Provision

Source excerpt

A municipality may approve an annexation ordinance without hearing protests if the written-consent threshold is met.

Notwithstanding Subsection (6)(a), upon conclusion of the public hearing described in Subsection (3)(b), a municipality may adopt an ordinance approving the annexation of the area proposed for annexation under this section without allowing or considering protests under Subsection (6)(a) if the owners of at least 75% of the total private land area within the entire area proposed for annexation, representing at least 75% of the value of the private real property within the entire area proposed for annexation, have consented in writing to the annexation. Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(b)(i), the area annexed is conclusively presumed to be validly annexed.

Section 10-2-812(6)(b)Verify source

§ 10-2-812(6)(b)(i)Subsection 10-2-812(6)(b)(i)Provision

Source excerpt

A municipality may approve an annexation ordinance after the public hearing if enough affected landowners have given written consent.

Section 10-2-812(6)(b)(i)Verify source

§ 10-2-812(6)(b)(ii)Subsection 10-2-812(6)(b)(ii)Provision

Source excerpt

When an annexation approved by an ordinance adopted under Subsection (6)(b)(i) takes effect under Section 10-2-813, the annexed area is conclusively presumed to be validly annexed.

Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(b)(i), the area annexed is conclusively presumed to be validly annexed.

Section 10-2-812(6)(b)(ii)Verify source

§ 10-2-812(6)(c)Subsection 10-2-812(6)(c)Provision

Source excerpt

A municipality may approve an annexation ordinance after the public hearing, and without considering protests, if the county legislative body has formally recommended annexation and made the required findings.

Notwithstanding Subsection (6)(a), upon conclusion of the public hearing described in Subsection (3)(b), a municipality may adopt an ordinance approving the annexation of an area that the county legislative body proposes for annexation under this section without allowing or considering protests under Subsection (6)(a) if the county legislative body has formally recommended annexation to the annexing municipality and has made a formal finding that: the area to be annexed can be more efficiently served by the municipality than by the county; the area to be annexed is not likely to be naturally annexed by the municipality in the future as the result of urban development; annexation of the area is likely to facilitate the consolidation of overlapping functions of local government; and annexation of the area is likely to result in an equitable distribution of community resources and obligations. The county legislative body may base the finding required in Subsection (6)(c)(i)(B) on: existing development in the area; natural or other conditions that may limit the future development of the area; or other factors that the county legislative body considers relevant. A county legislative body may make the recommendation for annexation required in Subsection (6)(c)(i) for only a portion of an unincorporated island if, as a result of information provided at the public hearing, the county legislative body makes a formal finding that it would be equitable to leave a portion of the island unincorporated. If a county legislative body has made a recommendation of annexation under Subsection (6)(c)(i): the relevant municipality is not required to proceed with the recommended annexation; and if the relevant municipality proceeds with annexation, the municipality shall annex the entire area that the county legislative body recommended for annexation. Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(c)(i), the area annexed is conclusively presumed to be validly annexed.

Section 10-2-812(6)(c)Verify source

§ 10-2-812(6)(c)(i)Subsection 10-2-812(6)(c)(i)Provision

Source excerpt

A municipality may approve annexation of an area after the public hearing, but only if the county legislative body has formally recommended annexation and made the required findings, and protests under Subsection (6)(a) need not be allowed or considered.

Section 10-2-812(6)(c)(i)Verify source

§ 10-2-812(6)(c)(i)(A)Subsection 10-2-812(6)(c)(i)(A)Provision

Source excerpt

the area to be annexed can be more efficiently served by the municipality than by the county;

Section 10-2-812(6)(c)(i)(A)Verify source

§ 10-2-812(6)(c)(i)(B)Subsection 10-2-812(6)(c)(i)(B)Provision

Source excerpt

the area to be annexed is not likely to be naturally annexed by the municipality in the future as the result of urban development;

Section 10-2-812(6)(c)(i)(B)Verify source

§ 10-2-812(6)(c)(i)(C)Subsection 10-2-812(6)(c)(i)(C)Provision

Source excerpt

annexation of the area is likely to facilitate the consolidation of overlapping functions of local government; and

Section 10-2-812(6)(c)(i)(C)Verify source

§ 10-2-812(6)(c)(i)(D)Subsection 10-2-812(6)(c)(i)(D)Provision

Source excerpt

annexation of the area is likely to result in an equitable distribution of community resources and obligations.

Section 10-2-812(6)(c)(i)(D)Verify source

§ 10-2-812(6)(c)(ii)Subsection 10-2-812(6)(c)(ii)Provision

Source excerpt

The county legislative body may base the required finding on existing development, natural or other limiting conditions, or other relevant factors.

The county legislative body may base the finding required in Subsection (6)(c)(i)(B) on: existing development in the area; natural or other conditions that may limit the future development of the area; or other factors that the county legislative body considers relevant.

Section 10-2-812(6)(c)(ii)Verify source

§ 10-2-812(6)(c)(ii)(A)Subsection 10-2-812(6)(c)(ii)(A)Provision

Source excerpt

existing development in the area;

Section 10-2-812(6)(c)(ii)(A)Verify source

§ 10-2-812(6)(c)(ii)(B)Subsection 10-2-812(6)(c)(ii)(B)Provision

Source excerpt

natural or other conditions that may limit the future development of the area; or

Section 10-2-812(6)(c)(ii)(B)Verify source

§ 10-2-812(6)(c)(ii)(C)Subsection 10-2-812(6)(c)(ii)(C)Provision

Source excerpt

other factors that the county legislative body considers relevant.

Section 10-2-812(6)(c)(ii)(C)Verify source

§ 10-2-812(6)(c)(iii)Subsection 10-2-812(6)(c)(iii)Provision

Source excerpt

A county legislative body may recommend annexation for only part of an unincorporated island if information from the public hearing supports a formal finding that leaving part of the island unincorporated would be equitable.

A county legislative body may make the recommendation for annexation required in Subsection (6)(c)(i) for only a portion of an unincorporated island if, as a result of information provided at the public hearing, the county legislative body makes a formal finding that it would be equitable to leave a portion of the island unincorporated.

Section 10-2-812(6)(c)(iii)Verify source

§ 10-2-812(6)(c)(iv)Subsection 10-2-812(6)(c)(iv)Provision

Source excerpt

If a county legislative body has recommended annexation, the relevant municipality is not required to proceed; if it does annex, it must annex the entire recommended area.

If a county legislative body has made a recommendation of annexation under Subsection (6)(c)(i): the relevant municipality is not required to proceed with the recommended annexation; and if the relevant municipality proceeds with annexation, the municipality shall annex the entire area that the county legislative body recommended for annexation.

Section 10-2-812(6)(c)(iv)Verify source

§ 10-2-812(6)(c)(iv)(A)Subsection 10-2-812(6)(c)(iv)(A)Provision

Source excerpt

The relevant municipality is not required to proceed with the recommended annexation.

the relevant municipality is not required to proceed with the recommended annexation; and

Section 10-2-812(6)(c)(iv)(A)Verify source

§ 10-2-812(6)(c)(iv)(B)Subsection 10-2-812(6)(c)(iv)(B)Provision

Source excerpt

If the municipality proceeds with annexation, it must annex the entire area recommended for annexation by the county legislative body.

if the relevant municipality proceeds with annexation, the municipality shall annex the entire area that the county legislative body recommended for annexation.

Section 10-2-812(6)(c)(iv)(B)Verify source

§ 10-2-812(6)(c)(v)Subsection 10-2-812(6)(c)(v)Provision

Source excerpt

Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(c)(i), the area annexed is conclusively presumed to be validly annexed.

Section 10-2-812(6)(c)(v)Verify source

§ 10-2-812(7)Subsection 10-2-812(7)Provision

Source excerpt

If timely protests are filed, the municipal legislative body may not approve the annexation ordinance and the annexation proceedings are terminated, subject to stated exceptions.

Except as provided in Subsections (6)(b)(i) and (6)(c)(i), if protests are timely filed under Subsection (6)(a), the municipal legislative body may not adopt an ordinance approving the annexation of the area proposed for annexation, and the annexation proceedings under this section shall be considered terminated. Subsection (7)(a) does not prohibit the municipal legislative body from excluding from a proposed annexation under Subsection (1)(b) the property within an unincorporated island regarding which protests have been filed and proceeding under Subsection (2) to annex some or all of the remaining portion of the unincorporated island.

Section 10-2-812(7)Verify source

§ 10-2-812(7)(a)Subsection 10-2-812(7)(a)Provision

Source excerpt

Section 10-2-812(7)(a)Verify source

§ 10-2-812(7)(b)Subsection 10-2-812(7)(b)Provision

Source excerpt

The municipal legislative body is not prohibited from excluding protested property in an unincorporated island from a proposed annexation and then annexing some or all of the remaining island under Subsection (2).

Subsection (7)(a) does not prohibit the municipal legislative body from excluding from a proposed annexation under Subsection (1)(b) the property within an unincorporated island regarding which protests have been filed and proceeding under Subsection (2) to annex some or all of the remaining portion of the unincorporated island.

Section 10-2-812(7)(b)Verify source

§ 10-2-812(8)Subsection 10-2-812(8)Provision

Source excerpt

A municipal legislative body may exclude property from a proposed annexation, including property subject to a protest, and may proceed with annexing the remaining property if the stated conditions are met.

Nothing in this section prohibits a municipal legislative body from excluding from a proposed annexation any property that is the subject of a protest, or excluding from a proposed annexation any property for any other reason, and proceeding with the annexation of the non-excluded property if: the non-excluded property complies with Subsection (1) ; and the requirements of Subsection (2) are met.

Section 10-2-812(8)Verify source

§ 10-2-812(8)(a)Subsection 10-2-812(8)(a)Provision

Source excerpt

the non-excluded property complies with Subsection (1) ; and

Section 10-2-812(8)(a)Verify source

§ 10-2-812(8)(b)Subsection 10-2-812(8)(b)Provision

Source excerpt

the requirements of Subsection (2) are met.

Section 10-2-812(8)(b)Verify source

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Utah Code § 10-2-812

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