Utah Code 17D-1-104. Property owner provisions — Determination of registered voters
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(1) For purposes of this chapter:
Terms Used In Utah Code 17D-1-104
- Applicable area: means :(2)(a) for a proposal to create a special service district, the area included within the proposed special service district;(2)(b) for a proposal to annex an area to an existing special service district, the area proposed to be annexed;(2)(c) for a proposal to add a service to the service or services provided by a special service district, the area included within the special service district; and(2)(d) for a proposal to consolidate special service districts, the area included within each special service district proposed to be consolidated. See Utah Code 17D-1-102
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :
(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) the owner of real property is:(1)(a)(i) except as provided in Subsection (1)(a)(ii), the fee title owner according to the records of the county recorder on the date of the filing of the petition or protest; or(1)(a)(ii) for a proposed annexation or addition of a new service under Part 4, Annexing a New Area and Adding a New Service, the lessee of military land, as defined in Section 63H-1-102, if the area proposed to be annexed or within which a new service is proposed to be added includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act; and(1)(b) the value of private real property is determined according to the last assessment before the filing of the petition or protest, as determined by:(1)(b)(i)(1)(b)(i)(A) the county under Title 59, Chapter 2, Part 3, County Assessment, for property subject to assessment by the county; or(1)(b)(i)(B) the State Tax Commission under Title 59, Chapter 2, Part 2, Assessment of Property, for property subject to assessment by the State Tax Commission; and(1)(b)(ii) the county, for all other property.(2) For purposes of each provision of this chapter that requires the owners of private real property covering a percentage of the total private land area within the applicable area to sign a petition or protest:(2)(a) a parcel of real property may not be included in the calculation of the required percentage unless the petition or protest is signed by:(2)(a)(i) except as provided in Subsection (2)(a)(ii), owners representing a majority ownership interest in that parcel; or(2)(a)(ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel;(2)(b) the signature of a person signing a petition or protest in a representative capacity on behalf of an owner is invalid unless:(2)(b)(i) the person’s representative capacity and the name of the owner the person represents are indicated on the petition or protest with the person’s signature; and(2)(b)(ii) the person provides documentation accompanying the petition or protest that reasonably substantiates the person’s representative capacity; and(2)(c) subject to Subsection (2)(b), a duly appointed personal representative may sign a petition or protest on behalf of a deceased owner.(3) For purposes of this chapter, registered voters shall be determined according to the official register. - Land: includes :