Utah Code 17B-1-411. Modifications to area proposed for annexation — Limitations
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Terms Used In Utah Code 17B-1-411
- Applicable area: means :(1)(a) for a county, the unincorporated area of the county that is included within the area proposed for annexation; or(1)(b) for a municipality, the area of the municipality that is included within the area proposed for annexation. See Utah Code 17B-1-401
- 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- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Special district: means a limited purpose local government entity, as described in Section
17B-1-103 , that operates under, is subject to, and has the powers described in:(31)(a) this chapter; or(31)(b)(31)(b)(i) this chapter; and(31)(b)(ii)(31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;(31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;(31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;(31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;(31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;(31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;(31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;(31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;(31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;(31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;(31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or(31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102(1)(a) Subject to Subsections (2), (3), (4), and (5), a board of trustees may, within 30 days after the public hearing under Section17B-1-409 , or, if no public hearing is held, within 30 days after the board provides notice under Subsection17B-1-413 (2)(a)(i), modify the area proposed for annexation to include land not previously included in that area or to exclude land from that area if the modification enhances the feasibility of the proposed annexation.(1)(b) A modification under Subsection (1)(a) may consist of the exclusion of all the land within an applicable area if:(1)(b)(i) the entire area proposed to be annexed consists of more than that applicable area;(1)(b)(ii) sufficient protests under Section17B-1-412 are filed with respect to that applicable area that an election would have been required under Subsection17B-1-412 (3) if that applicable area were the entire area proposed to be annexed; and(1)(b)(iii) the other requirements of Subsection (1)(a) are met.(2) A board of trustees may not add property under Subsection (1) to the area proposed for annexation without the consent of the owner of that property.(3) Except as provided in Subsection (1)(b), a modification under Subsection (1) may not avoid the requirement for an election under Subsection17B-1-412 (3) if, before the modification, the election was required because of protests filed under Section17B-1-412 .(4) If the annexation is proposed by a petition under Subsection17B-1-403 (2)(c), a modification may not be made unless the requirements of Subsection17B-1-403 (2)(c) are met after the modification as to the area proposed to be annexed.(5) If the petition meets the requirements of Subsection17B-1-413 (1) before a modification under this section but fails to meet those requirements after modification:(5)(a) the special district board shall give notice as provided in Section17B-1-410 and hold a public hearing as provided in Section17B-1-409 on the proposed annexation; and(5)(b) the petition shall be considered in all respects as one that does not meet the requirements of Subsection17B-1-413 (1). - Land: includes :