Utah Code 63A-5b-904. Division authority with respect to vacant division-owned property — Limitations
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(1) Subject to Section 63A-5b-909 , the division may:
Terms Used In Utah Code 63A-5b-904
- 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
- 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 - Division-owned property: means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property. See Utah Code 63A-5b-901
- Executive director: means the executive director of the Department of Government Operations. See Utah Code 63A-1-103
- 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.
- 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
- Local government entity: means a county, city, town, special district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state. See Utah Code 63A-5b-901
- Primary state agency: means a state agency for which the division holds title to real property that the state agency occupies or uses, as provided in Subsection
63A-5b-303 (1)(a)(iv). See Utah Code 63A-5b-901 - Private party: means a person who is not a state agency, local government entity, or public purpose nonprofit entity. See Utah Code 63A-5b-901
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public purpose nonprofit entity: means a corporation, association, organization, or entity that:(7)(a) is located within the state;(7)(b) is not a state agency or local government entity;(7)(c) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; and(7)(d) operates to fulfill a public purpose. See Utah Code 63A-5b-901
- Secondary state agency: means a state agency:(9)(a) that is authorized to hold title to real property that the state agency occupies or uses, as provided in Section
63A-5b-304 ; and(9)(b) for which the division does not hold title to real property that the state agency occupies or uses. See Utah Code 63A-5b-901 - 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
- Transfer of ownership: includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property. See Utah Code 63A-5b-901
- Vacant division-owned property: means division-owned property that:(12)(a) a primary state agency is not occupying or using; and(12)(b) the director has determined should be made available for:(12)(b)(i) use or occupancy by a primary state agency; or(12)(b)(ii) a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party. See Utah Code 63A-5b-901
(1)(a) provide for a primary state agency‘s occupancy or use of vacant division-owned property, if the director determines that the primary state agency‘s occupancy or use is in the best interests of the state;
(1)(b) effect a transfer of ownership or lease of vacant division-owned property, as provided in this section; or
(1)(c) refer vacant division-owned property to the Department of Transportation for sale by auction, as provided in Section 63A-5b-908 .
(2) The division may effect a transfer of ownership or lease of vacant division-owned property without receiving fair market value in return if:
(2)(a) the director determines that the transfer of ownership or lease is in the best interests of the state;
(2)(b) for a proposed transfer of ownership or lease to a local government entity, public purpose nonprofit entity, or private party, the director determines that the local government entity, public purpose nonprofit entity, or private party intends to use the property to fulfill a public purpose;
(2)(c) the director requests and receives a recommendation on the proposed transfer of ownership or lease from the Legislative Executive Appropriations Committee;
(2)(d) the director communicates the Executive Appropriations Committee’s recommendation to the executive director; and
(2)(e) the executive director approves the transfer of ownership or lease.
(3)
(3)(a) If the division effects a transfer of ownership of vacant division-owned property without receiving fair market value in return, the division shall require the documents memorializing the transfer of ownership to preserve to the division:
(3)(a)(i) in the case of a transfer of ownership of vacant division-owned property to a secondary state agency, local government entity, or public purpose nonprofit entity for no or nominal consideration, a right of reversion, providing for the ownership of the property to revert to the division if the property ceases to be used for the public benefit; or
(3)(a)(ii) in the case of any other transfer of ownership of vacant division-owned property, a right of first refusal allowing the division to purchase the property from the transferee for the same price that the transferee paid to the division if the transferee wishes to transfer ownership of the former vacant division-owned property.
(3)(b) Subsection (3)(a) does not apply to the sale of vacant division-owned property at an auction under Section 63A-5b-908 .