Utah Code 63A-5b-304. Agencies authorized to hold title — Transfer of real property to a government entity
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(1) As used in this section:
Terms Used In Utah Code 63A-5b-304
- Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
- Appraisal: A determination of property value.
- Department: means the Department of Government Operations. See Utah Code 63A-1-103
- Director: means the division director, appointed under Section
63A-5b-302 . See Utah Code 63A-5b-102 - Division: means the Division of Facilities Construction and Management created in Section
63A-5b-301 . See Utah Code 63A-5b-102 - Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Institution of higher education: means an institution listed in Subsection
53B-2-101 (1). See Utah Code 63A-5b-102 - Property: includes both real and personal property. 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
- Trust lands administration: means the School and Institutional Trust Lands Administration established in Section
53C-1-201 . See Utah Code 63A-5b-102
(1)(a) “Agency property” means real property, as described in Subsection (2), that:
(1)(a)(i) is owned by a title agency; and
(1)(a)(ii) the title agency no longer uses or needs.
(1)(b) “Government entity” means:
(1)(b)(i) a local government entity, as defined in Section 63A-5b-901; or
(1)(b)(ii) a state agency, as defined in Section 63A-5b-901.
(1)(c) “Title agency” means an agency listed in Subsection (2).
(2) Notwithstanding Section 63A-5b-303, an agency may hold title to real property that the agency occupies for a purpose other than the agency’s administrative offices, if the agency is:
(2)(a) the Department of Transportation;
(2)(b) the Department of Natural Resources;
(2)(c) the Department of Workforce Services;
(2)(d) the Division of Forestry, Fire, and State Lands;
(2)(e) the Utah National Guard;
(2)(f) an area vocational center or other institution administered by the State Board of Education;
(2)(g) the trust lands administration; or
(2)(h) an institution of higher education.
(3) A title agency is not required to obtain an appraisal of agency property the title agency intends to transfer to a government entity if:
(3)(a) the director of the title agency determines that the transfer is in the best interest of the title agency and the state; and
(3)(b) the government entity to which ownership of the agency property is transferred will use the property for a public purpose.
(4) Subsection (3) does not apply if the title agency is required by law to receive fair market value in exchange for a transfer of agency property to a government entity.