Utah Code 23A-6-202. Acquisition of real property held in private ownership — Published notice and governor’s approval required
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(1) The division may not acquire title to real property held in private ownership without first:
Terms Used In Utah Code 23A-6-202
- County executive: means :(7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(7)(b) the county executive, in the county executive-council optional form of government authorized by Section
17-52a-203 ; or(7)(c) the county manager, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- 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- 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
- 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(1)(a) publishing a notice of the proposed acquisition:(1)(a)(i) in a newspaper of general circulation in the county in which the property is located; and(1)(a)(ii) as required in Section 45-1-101; and(1)(b) obtaining the approval of the governor.(2) Subsection (1) applies whether title to real property held in private ownership is acquired through a purchase, donation, or other means.(3) In the case of a proposed purchase of private property, the division may publish notice after earnest money is paid.(4) The published notice shall inform the public regarding:(4)(a) the proposed use of the real property;(4)(b) any conditions on the acquisition of the real property placed by donors, the federal government, sellers, or others specifying how the real property is to be used;(4)(c) any changes to existing land uses that are anticipated; and(4)(d) the public comment submission process for comments on the proposed acquisition.(5) The governor shall:(5)(a) submit a notification of the proposed acquisition to:(5)(a)(i) the county executive of the county in which the real property is located;(5)(a)(ii) the legislators of the legislative districts in which the real property is located; and(5)(a)(iii) the School and Institutional Trust Lands Administration; and(5)(b) invite those notified to submit comments on the proposed acquisition.(6) After considering comments on the proposed acquisition, the governor may:(6)(a) approve the acquisition in whole or in part; or(6)(b) disapprove the acquisition.