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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-204.5

This section lets certain landowners ask to exclude or include land in a proposed municipality, and sets deadlines and review steps for the county clerk and lieutenant governor.

Source excerpt

county clerk processincorporationland inclusion/exclusion requestsproperty noticesproperty ownership
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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“This section lets certain landowners ask to exclude or include land in a proposed municipality, and sets deadlines and review steps for the county clerk and lieutenant governor.”

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Subsection 10-2a-204.5(2)

Within 30 calendar days after the first public hearing, a specified landowner may ask the county clerk to exclude land from the proposed incorporation area, and a county landowner may ask to include land in that area.

Section 10-2a-204.5(2)

Subsection 10-2a-204.5(5)

The county clerk must decide timely exclusion or inclusion requests, send them and the supporting materials to the lieutenant governor, and then notify affected parties in writing after the lieutenant governor’s final determination.

Section 10-2a-204.5(5)

Subsection 10-2a-204.5(7)(c)(ii)

if the lieutenant governor reverses a determination of the county clerk, the reason for the reversal and the supporting facts.

Section 10-2a-204.5(7)(c)(ii)

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

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Showing 34 of 34 provisions

Provision 34

Part 10-2a-2

part 10-2a-2 Incorporation of a Municipality

§ 10-2a-204.5Notice to owner of property -- Exclusion or inclusion of property from or in proposed municipality.Provision

Source excerpt

This section lets certain landowners ask to exclude or include land in a proposed municipality, and sets deadlines and review steps for the county clerk and lieutenant governor.

Notice to owner of property -- Exclusion or inclusion of property from or in proposed municipality. As used in this section: "Owner" means a person having an interest in real property, including an affiliate, subsidiary, or parent company. "Specified landowner" means a record owner of real property: who owns more than: 1% of the assessed fair market value, as of January 1 of the current year, of all property within the boundaries of a proposed incorporation; or 10% of the total private land area within the boundaries of a proposed incorporation; or located in a mining protection area as defined in Section 17-41-101 . Within 30 calendar days after the day of the first public hearing described in Section 10-2a-204.3 : a specified landowner may request that the county clerk exclude all or part of the land owned by the specified landowner from the area proposed for incorporation by filing a request for exclusion with the county clerk that describes the land for which the specified landowner requests exclusion; or any owner of land located within the county where the area proposed for incorporation is located may file a request that all or part of that land be included in the area proposed for incorporation by filing a request for inclusion with the county clerk that describes the land that the landowner desires to include. The county clerk shall exclude the land identified by a specified landowner under Subsection (2)(a) from the proposed incorporation boundaries unless the county clerk finds by clear and convincing evidence that: except for a proposed incorporation of a community council area, the exclusion will leave an unincorporated island within the proposed municipality; and the land receives from the county a majority of currently provided municipal services. The county clerk shall include land identified by a landowner under Subsection (2)(b) in the area proposed for incorporation unless the county clerk finds by clear and convincing evidence that: except for a proposed incorporation of a community council area, the land will not be contiguous with the area of the proposed municipality, taking into account other requests for inclusion or requests for exclusion received before the deadline described in Subsection (2); or the inclusion will cause the area proposed for incorporation to violate a requirement for incorporation described in this part. The county clerk shall: no earlier than 30 days after, but no later than 44 days after, the day of the first public hearing described in Section 10-2a-204.3 , make a determination on all timely requests for exclusion or inclusion; forward to the lieutenant governor for review: all timely requests for exclusion or inclusion; the county clerk's determination on each of the requests described in Subsection (5)(b)(i); and the reasons, including the supporting data, for each determination described in Subsection (5)(b)(ii); and within five days after the day on which the lieutenant governor makes a final determination on whether to include or exclude land under Subsection (7), the county clerk shall mail or transmit written notice of whether the land is included or excluded from the proposed incorporation boundaries to: for a request for exclusion, the specified landowner that requested the exclusion; for a request for inclusion, the owner of land that requested the inclusion; and the contact sponsor. For a request for exclusion or inclusion that is denied, the county clerk shall include, in the written notice described in Subsection (5)(c), a detailed explanation of the reason for the denial and the facts supporting the denial. Within 14 days after the day on which the lieutenant governor receives the information described in Subsection (5)(b) the lieutenant governor shall: review each determination; uphold or reverse each determination; and forward to the county clerk: the lieutenant governor's final determinations; and if the lieutenant governor reverses a determination of the county clerk, the reason for the reversal and the supporting facts.
Section 10-2a-204.5Verify source
§ 10-2a-204.5(1)Subsection 10-2a-204.5(1)Provision

Source excerpt

This section defines “owner” and “specified landowner” for incorporation-related property calculations.

As used in this section: "Owner" means a person having an interest in real property, including an affiliate, subsidiary, or parent company. "Specified landowner" means a record owner of real property: who owns more than: 1% of the assessed fair market value, as of January 1 of the current year, of all property within the boundaries of a proposed incorporation; or 10% of the total private land area within the boundaries of a proposed incorporation; or located in a mining protection area as defined in Section 17-41-101 .
Section 10-2a-204.5(1)Verify source
§ 10-2a-204.5(1)(a)Subsection 10-2a-204.5(1)(a)Provision

Source excerpt

“Owner” means a person with an interest in real property, including an affiliate, subsidiary, or parent company.

"Owner" means a person having an interest in real property, including an affiliate, subsidiary, or parent company.
Section 10-2a-204.5(1)(a)Verify source
§ 10-2a-204.5(1)(b)Subsection 10-2a-204.5(1)(b)Provision

Source excerpt

"Specified landowner" means a record owner of real property: who owns more than: 1% of the assessed fair market value, as of January 1 of the current year, of all property within the boundaries of a proposed incorporation; or 10% of the

"Specified landowner" means a record owner of real property: who owns more than: 1% of the assessed fair market value, as of January 1 of the current year, of all property within the boundaries of a proposed incorporation; or 10% of the total private land area within the boundaries of a proposed incorporation; or located in a mining protection area as defined in Section 17-41-101 .
Section 10-2a-204.5(1)(b)Verify source
§ 10-2a-204.5(1)(b)(i)Subsection 10-2a-204.5(1)(b)(i)Provision

Source excerpt

This text sets ownership thresholds tied to a proposed incorporation area: more than 1% of assessed fair market value of all property, or 10% of total private land area.

who owns more than: 1% of the assessed fair market value, as of January 1 of the current year, of all property within the boundaries of a proposed incorporation; or 10% of the total private land area within the boundaries of a proposed incorporation; or
Section 10-2a-204.5(1)(b)(i)Verify source
§ 10-2a-204.5(1)(b)(i)(A)Subsection 10-2a-204.5(1)(b)(i)(A)Provision

Source excerpt

A threshold is set at 1% of the assessed fair market value of all property within a proposed incorporation, measured as of January 1 of the current year.

1% of the assessed fair market value, as of January 1 of the current year, of all property within the boundaries of a proposed incorporation; or
Section 10-2a-204.5(1)(b)(i)(A)Verify source
§ 10-2a-204.5(1)(b)(i)(B)Subsection 10-2a-204.5(1)(b)(i)(B)Provision

Source excerpt

A threshold of 10% of the total private land area within a proposed incorporation is referenced.

10% of the total private land area within the boundaries of a proposed incorporation; or
Section 10-2a-204.5(1)(b)(i)(B)Verify source
§ 10-2a-204.5(1)(b)(ii)Subsection 10-2a-204.5(1)(b)(ii)Provision

Source excerpt

located in a mining protection area as defined in Section 17-41-101 .

located in a mining protection area as defined in Section 17-41-101 .
Section 10-2a-204.5(1)(b)(ii)Verify source
§ 10-2a-204.5(2)Subsection 10-2a-204.5(2)Provision

Source excerpt

Within 30 calendar days after the first public hearing, a specified landowner may ask the county clerk to exclude land from the proposed incorporation area, and a county landowner may ask to include land in that area.

Within 30 calendar days after the day of the first public hearing described in Section 10-2a-204.3 : a specified landowner may request that the county clerk exclude all or part of the land owned by the specified landowner from the area proposed for incorporation by filing a request for exclusion with the county clerk that describes the land for which the specified landowner requests exclusion; or any owner of land located within the county where the area proposed for incorporation is located may file a request that all or part of that land be included in the area proposed for incorporation by filing a request for inclusion with the county clerk that describes the land that the landowner desires to include.
Section 10-2a-204.5(2)Verify source
§ 10-2a-204.5(2)(a)Subsection 10-2a-204.5(2)(a)Provision

Source excerpt

A specified landowner may request exclusion of all or part of the land from a proposed incorporation area by filing a request with the county clerk that describes the land.

a specified landowner may request that the county clerk exclude all or part of the land owned by the specified landowner from the area proposed for incorporation by filing a request for exclusion with the county clerk that describes the land for which the specified landowner requests exclusion; or
Section 10-2a-204.5(2)(a)Verify source
§ 10-2a-204.5(2)(b)Subsection 10-2a-204.5(2)(b)Provision

Source excerpt

A landowner in the county where the proposed incorporation area is located may file a request to have all or part of the land included in that area.

any owner of land located within the county where the area proposed for incorporation is located may file a request that all or part of that land be included in the area proposed for incorporation by filing a request for inclusion with the county clerk that describes the land that the landowner desires to include.
Section 10-2a-204.5(2)(b)Verify source
§ 10-2a-204.5(3)Subsection 10-2a-204.5(3)Provision

Source excerpt

The county clerk must exclude certain land from proposed incorporation boundaries unless specific evidence shows the exclusion would create an unincorporated island or the land receives a majority of county-provided municipal services.

The county clerk shall exclude the land identified by a specified landowner under Subsection (2)(a) from the proposed incorporation boundaries unless the county clerk finds by clear and convincing evidence that: except for a proposed incorporation of a community council area, the exclusion will leave an unincorporated island within the proposed municipality; and the land receives from the county a majority of currently provided municipal services.
Section 10-2a-204.5(3)Verify source
§ 10-2a-204.5(3)(a)Subsection 10-2a-204.5(3)(a)Provision

Source excerpt

except for a proposed incorporation of a community council area, the exclusion will leave an unincorporated island within the proposed municipality; and

except for a proposed incorporation of a community council area, the exclusion will leave an unincorporated island within the proposed municipality; and
Section 10-2a-204.5(3)(a)Verify source
§ 10-2a-204.5(3)(b)Subsection 10-2a-204.5(3)(b)Provision

Source excerpt

the land receives from the county a majority of currently provided municipal services.

the land receives from the county a majority of currently provided municipal services.
Section 10-2a-204.5(3)(b)Verify source
§ 10-2a-204.5(4)Subsection 10-2a-204.5(4)Provision

Source excerpt

The county clerk must include land a landowner identified for incorporation unless clear and convincing evidence shows a contiguity problem or another incorporation requirement would be violated.

The county clerk shall include land identified by a landowner under Subsection (2)(b) in the area proposed for incorporation unless the county clerk finds by clear and convincing evidence that: except for a proposed incorporation of a community council area, the land will not be contiguous with the area of the proposed municipality, taking into account other requests for inclusion or requests for exclusion received before the deadline described in Subsection (2); or the inclusion will cause the area proposed for incorporation to violate a requirement for incorporation described in this part.
Section 10-2a-204.5(4)Verify source
§ 10-2a-204.5(4)(a)Subsection 10-2a-204.5(4)(a)Provision

Source excerpt

except for a proposed incorporation of a community council area, the land will not be contiguous with the area of the proposed municipality, taking into account other requests for inclusion or requests for exclusion received before the

except for a proposed incorporation of a community council area, the land will not be contiguous with the area of the proposed municipality, taking into account other requests for inclusion or requests for exclusion received before the deadline described in Subsection (2); or
Section 10-2a-204.5(4)(a)Verify source
§ 10-2a-204.5(4)(b)Subsection 10-2a-204.5(4)(b)Provision

Source excerpt

the inclusion will cause the area proposed for incorporation to violate a requirement for incorporation described in this part.

the inclusion will cause the area proposed for incorporation to violate a requirement for incorporation described in this part.
Section 10-2a-204.5(4)(b)Verify source
§ 10-2a-204.5(5)Subsection 10-2a-204.5(5)Provision

Source excerpt

The county clerk must decide timely exclusion or inclusion requests, send them and the supporting materials to the lieutenant governor, and then notify affected parties in writing after the lieutenant governor’s final determination.

The county clerk shall: no earlier than 30 days after, but no later than 44 days after, the day of the first public hearing described in Section 10-2a-204.3 , make a determination on all timely requests for exclusion or inclusion; forward to the lieutenant governor for review: all timely requests for exclusion or inclusion; the county clerk's determination on each of the requests described in Subsection (5)(b)(i); and the reasons, including the supporting data, for each determination described in Subsection (5)(b)(ii); and within five days after the day on which the lieutenant governor makes a final determination on whether to include or exclude land under Subsection (7), the county clerk shall mail or transmit written notice of whether the land is included or excluded from the proposed incorporation boundaries to: for a request for exclusion, the specified landowner that requested the exclusion; for a request for inclusion, the owner of land that requested the inclusion; and the contact sponsor.
Section 10-2a-204.5(5)Verify source
§ 10-2a-204.5(5)(a)Subsection 10-2a-204.5(5)(a)Provision

Source excerpt

A determination on all timely requests for exclusion or inclusion must be made 30 to 44 days after the first public hearing in Section 10-2a-204.3.

no earlier than 30 days after, but no later than 44 days after, the day of the first public hearing described in Section 10-2a-204.3 , make a determination on all timely requests for exclusion or inclusion;
Section 10-2a-204.5(5)(a)Verify source
§ 10-2a-204.5(5)(b)Subsection 10-2a-204.5(5)(b)Provision

Source excerpt

Certain requests, determinations, and supporting reasons must be forwarded to the lieutenant governor for review.

forward to the lieutenant governor for review: all timely requests for exclusion or inclusion; the county clerk's determination on each of the requests described in Subsection (5)(b)(i); and the reasons, including the supporting data, for each determination described in Subsection (5)(b)(ii); and
Section 10-2a-204.5(5)(b)Verify source
§ 10-2a-204.5(5)(b)(i)Subsection 10-2a-204.5(5)(b)(i)Provision

Source excerpt

all timely requests for exclusion or inclusion;

all timely requests for exclusion or inclusion;
Section 10-2a-204.5(5)(b)(i)Verify source
§ 10-2a-204.5(5)(b)(ii)Subsection 10-2a-204.5(5)(b)(ii)Provision

Source excerpt

the county clerk's determination on each of the requests described in Subsection (5)(b)(i); and

the county clerk's determination on each of the requests described in Subsection (5)(b)(i); and
Section 10-2a-204.5(5)(b)(ii)Verify source
§ 10-2a-204.5(5)(b)(iii)Subsection 10-2a-204.5(5)(b)(iii)Provision

Source excerpt

the reasons, including the supporting data, for each determination described in Subsection (5)(b)(ii); and

the reasons, including the supporting data, for each determination described in Subsection (5)(b)(ii); and
Section 10-2a-204.5(5)(b)(iii)Verify source
§ 10-2a-204.5(5)(c)Subsection 10-2a-204.5(5)(c)Provision

Source excerpt

The county clerk must send written notice within five days after the lieutenant governor’s final determination about whether land is included or excluded.

within five days after the day on which the lieutenant governor makes a final determination on whether to include or exclude land under Subsection (7), the county clerk shall mail or transmit written notice of whether the land is included or excluded from the proposed incorporation boundaries to: for a request for exclusion, the specified landowner that requested the exclusion; for a request for inclusion, the owner of land that requested the inclusion; and the contact sponsor.
Section 10-2a-204.5(5)(c)Verify source
§ 10-2a-204.5(5)(c)(i)Subsection 10-2a-204.5(5)(c)(i)Provision

Source excerpt

This text refers to the specified landowner who requested the exclusion.

for a request for exclusion, the specified landowner that requested the exclusion;
Section 10-2a-204.5(5)(c)(i)Verify source
§ 10-2a-204.5(5)(c)(ii)Subsection 10-2a-204.5(5)(c)(ii)Provision

Source excerpt

for a request for inclusion, the owner of land that requested the inclusion; and

for a request for inclusion, the owner of land that requested the inclusion; and
Section 10-2a-204.5(5)(c)(ii)Verify source
§ 10-2a-204.5(5)(c)(iii)Subsection 10-2a-204.5(5)(c)(iii)Provision

Source excerpt

the contact sponsor.

the contact sponsor.
Section 10-2a-204.5(5)(c)(iii)Verify source
§ 10-2a-204.5(6)Subsection 10-2a-204.5(6)Provision

Source excerpt

If a request for exclusion or inclusion is denied, the county clerk must include a detailed explanation of the denial and the supporting facts in the written notice.

For a request for exclusion or inclusion that is denied, the county clerk shall include, in the written notice described in Subsection (5)(c), a detailed explanation of the reason for the denial and the facts supporting the denial.
Section 10-2a-204.5(6)Verify source
§ 10-2a-204.5(7)Subsection 10-2a-204.5(7)Provision

Source excerpt

The lieutenant governor must review each determination, uphold or reverse it, and send the final determinations to the county clerk within 14 days after receiving the information in Subsection (5)(b).

Within 14 days after the day on which the lieutenant governor receives the information described in Subsection (5)(b) the lieutenant governor shall: review each determination; uphold or reverse each determination; and forward to the county clerk: the lieutenant governor's final determinations; and if the lieutenant governor reverses a determination of the county clerk, the reason for the reversal and the supporting facts.
Section 10-2a-204.5(7)Verify source
§ 10-2a-204.5(7)(a)Subsection 10-2a-204.5(7)(a)Provision

Source excerpt

A person must review each determination.

review each determination;
Section 10-2a-204.5(7)(a)Verify source
§ 10-2a-204.5(7)(b)Subsection 10-2a-204.5(7)(b)Provision

Source excerpt

uphold or reverse each determination; and

uphold or reverse each determination; and
Section 10-2a-204.5(7)(b)Verify source
§ 10-2a-204.5(7)(c)Subsection 10-2a-204.5(7)(c)Provision

Source excerpt

The lieutenant governor must forward final determinations to the county clerk, and if a county clerk determination is reversed, also provide the reason and supporting facts.

forward to the county clerk: the lieutenant governor's final determinations; and if the lieutenant governor reverses a determination of the county clerk, the reason for the reversal and the supporting facts.
Section 10-2a-204.5(7)(c)Verify source
§ 10-2a-204.5(7)(c)(i)Subsection 10-2a-204.5(7)(c)(i)Provision

Source excerpt

the lieutenant governor's final determinations; and

the lieutenant governor's final determinations; and
Section 10-2a-204.5(7)(c)(i)Verify source
§ 10-2a-204.5(7)(c)(ii)Subsection 10-2a-204.5(7)(c)(ii)Provision

Source excerpt

if the lieutenant governor reverses a determination of the county clerk, the reason for the reversal and the supporting facts.

if the lieutenant governor reverses a determination of the county clerk, the reason for the reversal and the supporting facts.
Section 10-2a-204.5(7)(c)(ii)Verify source

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