Utah Code 63A-5b-905. Notice required before division may effect a transfer of ownership or lease of division-owned property for less than fair market value
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(1) Before the division may effect a transfer of ownership or lease of vacant division-owned property for less than fair market value, the division shall give notice as provided in Subsection (2).
Terms Used In Utah Code 63A-5b-905
- 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
- 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
- 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
- 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
- Written proposal: means a brief statement in writing that explains:(13)(a) the proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property; and(13)(b) how the state will benefit from the proposed use or occupancy, transfer of ownership, or lease. See Utah Code 63A-5b-901
(2) A notice required under Subsection (1) shall:
(2)(a) identify and describe the vacant division-owned property;
(2)(b) indicate the availability of the vacant division-owned property;
(2)(c) invite persons interested in the vacant division-owned property to submit a written proposal to the division;
(2)(d) indicate the deadline for submitting a written proposal;
(2)(e) be posted on the division’s website for at least 60 consecutive days before the deadline for submitting a written proposal, in a location specifically designated for notices dealing with vacant division-owned property;
(2)(f) be posted on the Utah Public Notice Website created in Section 63A-16-601 for at least 60 consecutive days before the deadline for submitting a written proposal; and
(2)(g) be sent by email to each person who has previously submitted to the division a written request to receive notices under this section.