Utah Code 72-5-407. Voluntary purchase of property for corridor preservation — Notice requirements
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(1) As used in this section:
Terms Used In Utah Code 72-5-407
- Corridor: means the path or proposed path of a transportation facility, including a public transit facility, that exists or that may exist in the future, and may include the land occupied or to be occupied by a transportation facility, and any other land that may be needed for expanding a transportation facility or for controlling access to it. See Utah Code 72-5-401
- Corridor preservation: means planning or acquisition processes intended to:(2)(a) protect or enhance the capacity of existing corridors; and(2)(b) protect the availability of proposed corridors in advance of the need for and the actual commencement of the transportation facility construction. See Utah Code 72-5-401
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. 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(1)(a) “Greenbelt property” means land assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.(1)(b) “Rollback tax” means the tax imposed under Section 59-2-506.(2) Before purchasing greenbelt property for corridor preservation on a voluntary basis, the department, county, or municipality shall:(2)(a) provide written notice to the property owner that notifies the property owner that:(2)(a)(i) because the property owner has agreed to sell the greenbelt property to a governmental entity on a voluntary basis, the property owner:(2)(a)(i)(A) is required to pay the rollback tax in accordance with Subsection 59-2-511(2)(b); and(2)(a)(i)(B) is not eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and(2)(a)(ii) if the property owner does not sell the greenbelt property to the governmental entity on a voluntary basis and a governmental entity later acquires the greenbelt property under eminent domain or under the threat or imminence of eminent domain proceedings, the property owner:(2)(a)(ii)(A) would not be required to pay the rollback tax in accordance with Subsection 59-2-511(3); and(2)(a)(ii)(B) may be eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and(2)(b) obtain a signed statement from the property owner acknowledging that the property owner received the written notice described in Subsection (2)(a).(3) Before purchasing any other real property not described in Subsection (2) for corridor preservation on a voluntary basis, the department, county, or municipality shall:(3)(a) provide written notice to the property owner that notifies the property owner that:(3)(a)(i) because the property owner has agreed to sell the real property to a governmental entity on a voluntary basis, the property owner is not eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and(3)(a)(ii) if the property owner does not sell the real property to the governmental entity on a voluntary basis and a governmental entity later acquires the real property under eminent domain or under the threat or imminence of eminent domain proceedings, the property owner may be eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and(3)(b) obtain a signed statement from the property owner acknowledging that the property owner received the written notice described in Subsection (3)(a).(4) The department shall create and publish the form of:(4)(a) the notices described in Subsections (2)(a) and (3)(a); and(4)(b) the statements described in Subsections (2)(b) and (3)(b).