Utah Code 63L-13-201. Acquisition of land prohibited — Exceptions — Enforcement
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(1) As used in this section, “department” means the Department of Public Safety created under Section 53-1-103 .
Terms Used In Utah Code 63L-13-201
- Interest in land: means any right, title, lien, claim, interest, or estate with respect to land. See Utah Code 63L-13-101
- Land: includes :(4)(b)(i) agricultural land, as defined in Section
4-46-102 ;(4)(b)(ii) land owned or controlled by a political subdivision;(4)(b)(iii) land owned or controlled by a school district;(4)(b)(iv) non-federal land, as defined in Section9-9-402 ;(4)(b)(v) private land;(4)(b)(vi) public land;(4)(b)(vii) state land, as defined in Subsection9-9-402 (14)(a);(4)(b)(viii) waters of the state, as defined in Subsection19-5-102 (23)(a); and(4)(b)(ix) subsurface land. See Utah Code 63L-13-101- Land conveyance: means the transfer of any interest in land from one party to another. See Utah Code 63L-13-101
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Restricted foreign entity: means :
(7)(a) a company that the United States Secretary of Defense is required to identify and report as a military company under Section 1260H of the William M. See Utah Code 63L-13-101- 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) Subject to Subsection (3) and Section63L-13-202 , a restricted foreign entity may not acquire an interest in land in this state.(3) A restricted foreign entity that, in violation of Subsection (2), obtains an interest in land shall alienate the interest in accordance with Section63L-13-202 .(4) The department shall:(4)(a) maintain a publicly available list of restricted foreign entities;(4)(b) create a process by which a county recorder may report a land conveyance the county recorder suspects is prohibited under this section;(4)(c) provide an annual notice to each county recorder in the state that includes:(4)(c)(i) instruction on how to identify a restricted foreign entity;(4)(c)(ii) the process by which a county recorder may report to the department a land conveyance the county recorder suspects is prohibited under this section; and(4)(c)(iii) any additional information the department deems necessary;(4)(d) investigate the validity of each land conveyance a county recorder reports under this section;(4)(e) when, after investigation, the department determines that a land conveyance violates this section:(4)(e)(i) give notice to the restricted foreign entity that:(4)(e)(i)(A) the land conveyance violates this section; and(4)(e)(i)(B) Section63L-13-202 requires the restricted foreign entity to alienate the restricted foreign entity’s interest in the land within one year or the Division of Facilities Construction and Management will sell the interest in accordance with Subsection63L-13-202 (3); and(4)(e)(ii) notify the county recorder of the county in which the land is located of the land conveyance; and(4)(f) coordinate with the Division of Facilities Construction and Management to facilitate a sale of the interest in land as described in Section63L-13-202 .(5) A county recorder:(5)(a) is not liable for a conveyance to a restricted foreign entity; and(5)(b) shall, upon notice from the department under Subsection (4)(e)(ii), create a public record of each violation of this section.