Utah Code 63A-5b-909. State real property subject to right of first refusal
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Terms Used In Utah Code 63A-5b-909
- Condemnee: means the same as that term is defined in Section
Utah Code 63A-5b-901 - Division: means the Division of Facilities Construction and Management created in Section
63A-5b-301 . See Utah Code 63A-5b-102 - Division-owned property: means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property. See Utah Code 63A-5b-901
- Grantor: The person who establishes a trust and places property into it.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Transfer of ownership: includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property. See Utah Code 63A-5b-901
- Vacant division-owned property: means division-owned property that:
(12)(a) a primary state agency is not occupying or using; and(12)(b) the director has determined should be made available for:(12)(b)(i) use or occupancy by a primary state agency; or(12)(b)(ii) a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party. See Utah Code 63A-5b-901(1)(a) If Section78B-6-520.3 applies to vacant division-owned property, the division shall comply with Subsection78B-6-520.3 (3).(1)(b) If a condemnee accepts the division’s offer to sell the vacant division-owned property as provided in Section78B-6-520.3 , the division shall:(1)(b)(i) comply with the requirements of Section78B-6-520.3 ; and(1)(b)(ii) terminate any process to convey the vacant division-owned property.(1)(c) A condemnee may waive rights and benefits afforded under Section78B-6-520.3 and instead seek a transfer of ownership or lease of vacant division-owned property under the provisions of this chapter in the same manner as any other person not entitled to the rights and benefits of Section78B-6-520.3 .(2)(2)(a) If Section78B-6-521 applies to the anticipated disposal of the vacant division-owned property, the division shall comply with the limitations and requirements of Subsections78B-6-521 (2) and (3).(2)(b) If the original grantor or a subsequent bona fide purchaser, or the original grantor’s or subsequent bona fide purchaser’s assignee, accepts an offer for sale as provided in Subsection78B-6-521 (2)(a), the division shall:(2)(b)(i) sell the vacant division-owned property to the original grantor or subsequent bona fide purchaser, or the original grantor’s or subsequent bona fide purchaser’s assignee, in accordance with Section78B-6-521 ; and(2)(b)(ii) terminate any process under this chapter to convey the vacant division-owned property.(2)(c) An original grantor or subsequent bona fide purchaser, or the original grantor’s or subsequent bona fide purchaser’s assignee, may waive rights afforded under Section78B-6-521 and instead seek a transfer of ownership or lease of vacant division-owned property in the same manner as any other person seeking a transfer of ownership or lease of vacant division-owned property to which Section78B-6-521 does not apply.