Utah Code 39A-2-102. Responsibilities of State Armory Board
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(1) The board shall supervise and control all facilities, ranges, training lands, and all real property held or acquired for the military purposes of the state.
Terms Used In Utah Code 39A-2-102
- 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
- National Guard: means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. See Utah Code 39A-1-102
- 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- 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
(2) The board may:(2)(a) provide suitable facilities, ranges, and training lands for the different organizations of the National Guard;(2)(b) lease real property throughout the state wherever necessary for the use of organizations of the National Guard and for the storage of state and government property at a rental that the board considers reasonable;(2)(c) erect facilities and ranges at places within the state that it considers necessary upon lands to which it has acquired the legal title;(2)(d) expend military funds to acquire legal title to lands and to construct facilities and ranges;(2)(e) sell and lease property that the board holds under Subsection (1) for purposes consistent with the mission of the Utah National Guard; and(2)(f) conduct meetings and take official action in person or as necessary via electronic means, including telephone or video teleconferencing, or a combination of these methods.(3)(3)(a) Subject to Subsection (3)(b), the board may take options for the purchase of any premises under lease to the state for National Guard purposes:(3)(a)(i) at any time during the life of the lease; and(3)(a)(ii) when the purchase is in the state’s interest.(3)(b) An option is not binding upon the board until it is approved by the Legislature.(4)(4)(a) Before legally binding the state to sell or lease any real property owned by the National Guard, the board shall submit a description of the proposed sale to the Legislative Management Committee for its review and recommendations.(4)(b) Before legally binding the state to purchase any interest in real property, the board shall submit a description of the proposed sale to the Legislative Management Committee for its review and recommendations.(4)(c) The Legislative Management Committee shall review each proposal and may approve or disapprove the sale.(5)(5)(a) There is created an expendable special revenue fund known as the “State Armory Fund.”(5)(b) The State Armory Fund shall consist of:(5)(b)(i) proceeds from the sales and leases of real property authorized by this section;(5)(b)(ii) appropriations by the Legislature; and(5)(b)(iii) interest earned on the fund.(5)(c) Subject to the Legislative Management Committee’s review and recommendation, the State Armory Board may expend money in the State Armory Fund to pay for the acquisition and sale of real property and the construction of new armories.