(1) After receipt of the commission‘s decision on a protest under Subsection 10-2-416(2), a municipal legislative body may:

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Terms Used In Utah Code 10-2-408

  • Annexation petition: means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. See Utah Code 10-2-401
  • Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401
  • Mining protection area: means the same as that term is defined in Section 17-41-101. See Utah Code 10-2-401
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • 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
  • Rural real property: includes any portion of private real property, if the private real property:
                   (1)(j)(ii)(A) qualifies as rural real property under Subsection (1)(j)(i); and
                   (1)(j)(ii)(B) consists of more than 1,500 total acres. See Utah Code 10-2-401
     (1)(a) deny the annexation petition; or
     (1)(b) subject to Subsection (2), if the commission approves the annexation, approve the annexation petition consistent with the commission’s decision.
(2) A municipal legislative body shall exclude from the annexed area:

     (2)(a) rural real property, unless the owner of the rural real property has signed the petition for annexation or gives written consent to include the rural real property; and
     (2)(b) private real property located in a mining protection area, unless the owner of the private real property gives written consent to include the private real property.