Utah Code > Title 13 > Chapter 10 – Unauthorized Recording Practices Act


§ 13-10-1	Title of chapter
§ 13-10-2	Purpose of chapter
§ 13-10-3	Definitions
§ 13-10-4	Prohibited practices
§ 13-10-5	Exemptions
§ 13-10-6	Violation a misdemeanor
§ 13-10-7	Application of provisions
§ 13-10-8	Failure to disclose the origin of a recording — Penalty

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Terms Used In Utah Code > Title 13 > Chapter 10 - Unauthorized Recording Practices Act

Accessible housing: means housing which has been constructed or modified to be accessible, as described in the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 35A-8-101
Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Utah Code 75A-6-102
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adult: means an individual who is 21 years old or older. See Utah Code 75A-8-102
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if:
     (3)(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
     (3)(b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or
     (3)(c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 75A-6-102
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appraisal: A determination of property value.
Apprentice: means an individual who has entered into:
     (1)(a) a written agreement approved by the Office of Apprenticeship with an employer or the employer's agent, an association of employers, an organization of employees, or a joint committee representing employers and employees;
     (1)(b) an apprenticeship that meets Office of Apprenticeship standards; or
     (1)(c) an apprenticeship that can be completed at no charge to the participant where the participant learns and works with registered standards to learn a set of skills that result in the participant qualifying for a state license or certification or earning industry recognized credentials at the completion of the apprenticeship. See Utah Code 35A-6-102
Apprenticeship: means an industry-driven, high-quality career pathway where employers can develop and prepare their future workforce, and individuals can obtain paid work experience, classroom instruction, and a portable, nationally recognized credential. See Utah Code 35A-6-102
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Area of operation: means :
(1)(a) in the case of an authority of a city, the city, except that the area of operation of an authority of a city does not include an area that lies within the territorial boundaries of some other city; or
(1)(b) in the case of an authority of a county, all of the county for which it is created except, that a county authority may not undertake a project within the boundaries of a city unless a resolution has been adopted by the governing body of the city, and by any authority which has been established and authorized to exercise its powers in the city, declaring that there is need for the county authority to exercise its powers within that city. See Utah Code 35A-8-401
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assignment: includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer. See Utah Code 75A-7-102
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
authority: means a public body corporate and politic created by this part. See Utah Code 35A-8-401
base period: means the first four of the last five completed calendar quarters next preceding the first day of the individual's benefit year with respect to any individual whose benefit year commences on or after January 5, 1986. See Utah Code 35A-4-201
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Beneficiary: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Benefit costs: means the net money payments made to individuals who were employed by employers subject to contributions, excluding extended benefit costs, as provided in this chapter with respect to unemployment. See Utah Code 35A-4-301
Benefit year: means the 52 consecutive week period beginning with the first week with respect to which an individual files for benefits and is found to have an insured status. See Utah Code 35A-4-201
Benefits: means the money payments payable to an individual as provided in this chapter with respect to the individual's unemployment. See Utah Code 35A-4-201
Bequest: Property gifted by will.
Blighted area: means an area where dwellings predominate that, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary facilities or any combination of these factors, are detrimental to safety, health, and morals. See Utah Code 35A-8-401
Bonds: means bonds, notes, interim certificates, debentures, or other obligations issued by an authority under this part. See Utah Code 35A-8-401
Bonus payments: means that portion of the bonus payments received by the United States government under the Leasing Act paid to the state under Section 35 of the Leasing Act, Utah Code 35A-8-302
Broker: means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the accounts of others. See Utah Code 75A-8-102
Calendar quarter: means the period of three consecutive months ending on March 31, June 30, September 30, or December 31, or the equivalent, as the department may by rule prescribe. See Utah Code 35A-4-201
Carries: means engages in the transmission of an electronic communication. See Utah Code 75A-6-102
Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Utah Code 75A-6-102
Charter school: means :
          (7)(a)(i) an operating charter school;
          (7)(a)(ii) a charter school applicant that a charter school authorizer approves in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
          (7)(a)(iii) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 10-9a-103
City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
City: means a city or town in the state. See Utah Code 35A-8-401
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Claim of beneficial interest: includes :
(2)(a) a claim of any interest by a decedent's legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person in his behalf; and
(2)(b) a claim that the transfer would be in breach of fiduciary duties. See Utah Code 75A-7-102
Clerk: means the city or county clerk, or the officer charged with the duties customarily imposed on the clerk. See Utah Code 35A-8-401
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Commissioner: means the Commissioner of Apprenticeship Programs described in Section 35A-6-105. See Utah Code 35A-6-102
Conservator: includes a limited conservator. See Utah Code 75A-6-102
Conservator: means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. See Utah Code 75A-8-102
Content of an electronic communication: means information concerning the substance or meaning of the communication that:
     (6)(a) has been sent or received by a user;
     (6)(b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
     (6)(c) is not readily accessible to the public. See Utah Code 75A-6-102
Contiguous: means :
(2)(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
(2)(b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
Contract: A legal written agreement that becomes binding when signed.
Contribution: means the money payments required by this chapter to be made into the Unemployment Compensation Fund by any employing unit on account of having individuals in its employ. See Utah Code 35A-4-201
Contribution year: means any calendar year beginning on January 1 and ending on December 31. See Utah Code 35A-4-301
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Corporation: means a private or public corporation, association or trust issuing a security. See Utah Code 75A-7-102
County: means a county in the state. See Utah Code 35A-8-401
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75A-6-102
Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75A-8-102
Custodial property: means :
(7)(a) any interest in property transferred to a custodian under this chapter; and
(7)(b) the income from and proceeds of that interest in property. See Utah Code 75A-8-102
Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75A-6-102
Custodian: means a person so designated under Section 75A-8-110 or a successor or substitute custodian designated under Section 75A-8-119. See Utah Code 75A-8-102
Date of hire: means the date a person who is homeless first performs labor or services for compensation for an employer. See Utah Code 35A-5-302
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
Dependent: A person dependent for support upon another.
Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Utah Code 75A-6-102
Devise: To gift property by will.
Digital asset: means an electronic record in which an individual has a right or interest. See Utah Code 75A-6-102
Director: means the director of the division. See Utah Code 35A-8-101
Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 10-9a-103
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Division: means the Unemployment Insurance Division. See Utah Code 35A-4-201
Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
Docket: A log containing brief entries of court proceedings.
Elderly: means a person who meets the age, disability, or other conditions established by regulation of the authority. See Utah Code 35A-8-401
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75A-6-102
Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Utah Code 75A-6-102
employer: means :
     (1)(a) an individual or employing unit which employs one or more individuals for some portion of a day during a calendar year, or that, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, under the act, to be an employer;
     (1)(b) an employing unit that, having become an employer under Subsection (1)(a), has not, under Sections 35A-4-303 and 35A-4-310, ceased to be an employer subject to this chapter; or
     (1)(c) for the effective period of its election under Subsection 35A-4-310(3), an employing unit that has elected to become fully subject to this chapter. See Utah Code 35A-4-203
Employing unit: means :
          (1)(a)(i) any individual or type of organization that has or subsequent to January 1, 1935, had one or more individuals performing services for it within the state including any:
               (1)(a)(i)(A) partnership;
               (1)(a)(i)(B) association;
               (1)(a)(i)(C) trust;
               (1)(a)(i)(D) estate;
               (1)(a)(i)(E) joint stock company;
               (1)(a)(i)(F) insurance company;
               (1)(a)(i)(G) limited liability company;
               (1)(a)(i)(H) limited liability partnership;
               (1)(a)(i)(I) joint venture;
               (1)(a)(i)(J) corporation, whether domestic or foreign;
               (1)(a)(i)(K) the receiver, trustee in bankruptcy, trustee or successor of any entity listed in Subsections (1)(a)(i)(A) through (J);
               (1)(a)(i)(L) the legal representative of a deceased person; or
               (1)(a)(i)(M) a tribal unit; or
          (1)(a)(ii) any properly and legally registered professional employer organization as defined by Section 31A-40-102. See Utah Code 35A-4-202
Employment office: means a free public employment office or branch operated by this or any other state as a part of a state-controlled system of public employment offices or by a federal agency charged with the administration of an unemployment compensation program or free public employment offices. See Utah Code 35A-4-201
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Estate: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-6-102
Estate: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
Executor: A male person named in a will to carry out the decedent
Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
Extended benefits: has the meaning specified in Subsection 35A-4-402(7)(f). See Utah Code 35A-4-201
Federal government: includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise, of the United States. See Utah Code 35A-8-401
Fiduciary: A trustee, executor, or administrator.
Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Utah Code 75A-6-102
Fiduciary: means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee. See Utah Code 75A-7-102
Financial institution: means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. See Utah Code 75A-8-102
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Fixed: means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied in the recording or other tangible medium of expression is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. See Utah Code 13-10-3
Flood plain: means land that:
(16)(a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or
(16)(b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 10-9a-103
Fraud: Intentional deception resulting in injury to another.
Fund: means the Unemployment Compensation Fund established by this chapter. See Utah Code 35A-4-201
General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
Geologic hazard: means :
     (18)(a) a surface fault rupture;
     (18)(b) shallow groundwater;
     (18)(c) liquefaction;
     (18)(d) a landslide;
     (18)(e) a debris flow;
     (18)(f) unstable soil;
     (18)(g) a rock fall; or
     (18)(h) any other geologic condition that presents a risk:
          (18)(h)(i) to life;
          (18)(h)(ii) of substantial loss of real property; or
          (18)(h)(iii) of substantial damage to real property. See Utah Code 10-9a-103
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governing body: means , in the case of a city, the council or other body of the city in which is vested legislative authority customarily imposed on the city council, and in the case of a county, the board of county commissioners. See Utah Code 35A-8-401
Governmental entity: is a s defined in Section 59-2-511. See Utah Code 35A-5-302
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: includes a limited guardian. See Utah Code 75A-6-102
Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Housing project: includes :
          (11)(b)(i) buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances;
          (11)(b)(ii) streets, sewers, water service, utilities, parks, site preparation and landscaping;
          (11)(b)(iii) facilities for administrative, community, health, recreational, welfare, or other purposes;
          (11)(b)(iv) the planning of the buildings and other improvements;
          (11)(b)(v) the acquisition of property or any interest in the property;
          (11)(b)(vi) the demolition of existing structures;
          (11)(b)(vii) the construction, reconstruction, rehabilitation, alteration, or repair of the improvements and all other work in connection with them; and
          (11)(b)(viii) all other real and personal property and all tangible or intangible assets held or used in connection with the housing project. See Utah Code 35A-8-401
Identical plans: means building plans submitted to a municipality that:
     (22)(a) are clearly marked as "identical plans";
     (22)(b) are substantially identical to building plans that were previously submitted to and reviewed and approved by the municipality; and
     (22)(c) describe a building that:
          (22)(c)(i) is located on land zoned the same as the land on which the building described in the previously approved plans is located;
          (22)(c)(ii) is subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans;
          (22)(c)(iii) has a floor plan identical to the building plan previously submitted to and reviewed and approved by the municipality; and
          (22)(c)(iv) does not require any additional engineering or analysis. See Utah Code 10-9a-103
Impact board: means the Permanent Community Impact Fund Board created under Section 35A-8-304. See Utah Code 35A-8-302
Impact fund: means the Permanent Community Impact Fund established by this chapter. See Utah Code 35A-8-302
Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
(24)(a) recording a subdivision plat; or
(24)(b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 10-9a-103
Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
(25)(a) complies with the municipality's written standards for design, materials, and workmanship; and
(25)(b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 10-9a-103
Incapacitated: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Incapacity: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 75A-6-102
Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
     (27)(a) is required for human occupation; and
     (27)(b) an applicant must install:
          (27)(b)(i) in accordance with published installation and inspection specifications for public improvements; and
          (27)(b)(ii) whether the improvement is public or private, as a condition of:
               (27)(b)(ii)(A) recording a subdivision plat;
               (27)(b)(ii)(B) obtaining a building permit; or
               (27)(b)(ii)(C) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103
Insured average fiscal year weekly wage: means the insured average fiscal year wage determined in Subsection (11), divided by 52, calculated to two decimal places, disregarding any fraction of one cent. See Utah Code 35A-4-201
Insured status: means that an individual has, during the individual's base-period, performed services and earned wages in employment sufficient to qualify for benefits under Section 35A-4-403. See Utah Code 35A-4-201
Insured work: means employment for an employer, as defined in Section 35A-4-203. See Utah Code 35A-4-201
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Interested person: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Interlocal agency: means a legal or administrative entity created by a subdivision or combination of subdivisions under the authority of Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 35A-8-302
Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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
Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103
Land use authority: means :
(31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
(32)(a) a land use permit; or
(32)(b) a land use application. See Utah Code 10-9a-103
Land use permit: means a permit issued by a land use authority. See Utah Code 10-9a-103
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}
Leasing Act: means the Mineral Lands Leasing Act of 1920, Utah Code 35A-8-302
Legal representative: means an individual's personal representative or conservator. See Utah Code 75A-8-102
Legatee: A beneficiary of a decedent
Legislative body: means the municipal council. See Utah Code 10-9a-103
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local historic district or area: means a geographically definable area that:
(36)(a) contains any combination of buildings, structures, sites, objects, landscape features, archeological sites, or works of art that contribute to the historic preservation goals of a legislative body; and
(36)(b) is subject to land use regulations to preserve the historic significance of the local historic district or area. See Utah Code 10-9a-103
Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
(38)(a)(i) whether or not the lots are located in the same subdivision; and
(38)(a)(ii) with the consent of the owners of record. See Utah Code 10-9a-103
Major disaster: means a flood, drought, fire, hurricane, earthquake, storm, or other catastrophe, which in the determination of the governing body is of sufficient severity and magnitude to warrant the use of available resources of the federal, state, and local governments to alleviate the damage, hardship, or suffering caused. See Utah Code 35A-8-401
Major transit investment corridor: means public transit service that uses or occupies:
     (39)(a) public transit rail right-of-way;
     (39)(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
     (39)(c) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and:
          (39)(c)(i) a public transit district as defined in Section 17B-2a-802; or
          (39)(c)(ii) an eligible political subdivision as defined in Section 59-12-2219. See Utah Code 10-9a-103
Mayor: means the mayor of the city or the officer charged with the duties customarily imposed on the mayor or executive head of a city. See Utah Code 35A-8-401
Minor: means an individual who is under 21 years old. See Utah Code 75A-8-102
Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103
Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 35A-8-101
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipal utility easement: means an easement that:
     (42)(a) is created or depicted on a plat recorded in a county recorder's office and is described as a municipal utility easement granted for public use;
     (42)(b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
     (42)(c) the municipality or the municipality's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines;
     (42)(d) is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement;
     (42)(e)
          (42)(e)(i) is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and
          (42)(e)(ii) is located in a utility easement granted for public use; or
     (42)(f) is described in Section 10-9a-529 and is used by a specified public utility. See Utah Code 10-9a-103
Municipality: means :
     (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
     (5)(b) a town, as classified in Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
obligee: includes a bondholder, agent or trustee for a bondholder, a lessor demising to the authority used in connection with a project, an assignee or assignees of the lessor's interest in whole or in part, and the federal government when it is a party to a contract with the authority. See Utah Code 35A-8-401
Office of Apprenticeship: means the federal agency designated by the United States Department of Labor to oversee apprenticeship programs. See Utah Code 35A-6-102
Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms of service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Utah Code 75A-6-102
Owner: means the person, corporation, partnership, or business association who owns the sounds fixed in a master phonograph record, master disc, master wire, master tape, master film, or other device used for reproducing recorded sounds on phonograph records, discs, wires, tapes, films, or other articles or materials in which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived. See Utah Code 13-10-3
Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
Parcel boundary adjustment: means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 10-9a-524, if no additional parcel is created and:
(48)(a)(i) none of the property identified in the agreement is a lot; or
(48)(a)(ii) the adjustment is to the boundaries of a single person's parcels. See Utah Code 10-9a-103
Parent: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Payor: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75A-6-102
Person: includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See Utah Code 75A-7-102
Person: means an individual, corporation, organization as defined in Section 75-1-201, or other legal entity. See Utah Code 75A-8-102
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
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
Person who is homeless: means an individual whose primary nighttime residence is:
(4)(a) a public or private place not designated for or ordinarily used as a regular sleeping accommodation for an individual, including a car, park, abandoned building, bus station, train station, airport, or camping ground; or
(4)(b) a publicly or privately operated shelter designated to provide temporary living arrangements, including a permanent housing, permanent supportive, or transitional facility. See Utah Code 35A-5-302
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Personal representative: means an executor, administrator, special administrator as defined in Section 75-1-201, or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 75A-6-102
Personal representative: means an executor, administrator, successor personal representative as defined in Section 75-1-201, or special administrator as defined in Section 75-1-201, of a decedent's estate or a person legally authorized to perform substantially the same functions. See Utah Code 75A-8-102
Petition: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Plan for moderate income housing: means a written document adopted by a municipality's legislative body that includes:
     (50)(a) an estimate of the existing supply of moderate income housing located within the municipality;
     (50)(b) an estimate of the need for moderate income housing in the municipality for the next five years;
     (50)(c) a survey of total residential land use;
     (50)(d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and
     (50)(e) a description of the municipality's program to encourage an adequate supply of moderate income housing. See Utah Code 10-9a-103
Planning: includes :
          (7)(b)(i) the preparation of maps and guidelines;
          (7)(b)(ii) land use planning;
          (7)(b)(iii) a study or analysis of:
               (7)(b)(iii)(A) the social or economic impacts associated with natural resource development;
               (7)(b)(iii)(B) the demand for the transportation of individuals or goods;
               (7)(b)(iii)(C) state, regional, and local development and growth;
               (7)(b)(iii)(D) population and employment;
               (7)(b)(iii)(E) development related to natural resources; and
               (7)(b)(iii)(F) as related to any other activity described in this Subsection (7), engineering, financial analysis, legal analysis, or any other analysis helpful to the state, subdivision, or interlocal agency; and
          (7)(b)(iv) any activity described in this Subsection (7) regardless of whether the activity is for a public facility or a public service. See Utah Code 35A-8-302
Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
Potential geologic hazard area: means an area that:
(52)(a) is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or
(52)(b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. See Utah Code 10-9a-103
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Utah Code 75A-6-102
Pre-apprenticeship: means a program or set of strategies that is designed to prepare individuals to enter and succeed in an apprenticeship program with registered standards. See Utah Code 35A-6-102
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75A-6-102
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
project: means a work or undertaking, on contiguous or noncontiguous sites to:
          (11)(a)(i) demolish, clear, or remove buildings from a blighted area;
          (11)(a)(ii) provide or assist in providing decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of medium and low income by any suitable methods, including rental, sale of individual units in single or multifamily structures under conventional condominium, cooperative sales contract, lease-purchase agreement, loans, or subsidizing of rentals or charges; or
          (11)(a)(iii) accomplish a combination of Subsections (11)(a)(i) and (ii). See Utah Code 35A-8-401
Property: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Utah Code 75A-6-102
Public agency: means :
     (53)(a) the federal government;
     (53)(b) the state;
     (53)(c) a county, municipality, school district, special district, special service district, or other political subdivision of the state; or
     (53)(d) a charter school. See Utah Code 10-9a-103
Public assistance: means :
     (10)(a) services or benefits provided under Chapter 3, Employment Support Act;
     (10)(b) medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance;
     (10)(c) foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act;
     (10)(d) SNAP benefits; and
     (10)(e) any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102
Public body: means a city, county or municipal corporation, commission, district, authority, agency, subdivision, or other body of the foregoing. See Utah Code 35A-8-401
Public facility: means a facility:
(8)(a) in whole or in part, owned, controlled, or operated by the state, a subdivision, or an interlocal agency; and
(8)(b) that serves a public purpose. See Utah Code 35A-8-302
Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
Public service: includes :
          (9)(b)(i) a service described in Subsection (9)(a) regardless of whether the service is provided in connection with a public facility;
          (9)(b)(ii) the cost of providing a service described in Subsection (9)(a), including administrative costs, wages, and legal fees; and
          (9)(b)(iii) a contract with a public postsecondary institution to fund research, education, or a public service program. See Utah Code 35A-8-302
Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 10-9a-103
Quorum: The number of legislators that must be present to do business.
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
Receiving zone: means an area of a municipality that the municipality designates, by ordinance, as an area in which an owner of land may receive a transferable development right. See Utah Code 10-9a-103
Recess: A temporary interruption of the legislative business.
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75A-6-102
Record: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 10-9a-103
Remote computing service: means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in Utah Code 75A-6-102
Residential facility for persons with a disability: means a residence:
     (59)(a) in which more than one person with a disability resides; and
     (59)(b) which is licensed or certified by the Department of Health and Human Services under:
          (59)(b)(i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
          (59)(b)(ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. See Utah Code 10-9a-103
Residential roadway: means a public local residential road that:
     (60)(a) will serve primarily to provide access to adjacent primarily residential areas and property;
     (60)(b) is designed to accommodate minimal traffic volumes or vehicular traffic;
     (60)(c) is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan;
     (60)(d) has a posted speed limit of 25 miles per hour or less;
     (60)(e) does not have higher traffic volumes resulting from connecting previously separated areas of the municipal road network;
     (60)(f) cannot have a primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries; and
     (60)(g) primarily serves traffic within a neighborhood or limited residential area and is not necessarily continuous through several residential areas. See Utah Code 10-9a-103
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
     (61)(a) parliamentary order and procedure;
     (61)(b) ethical behavior; and
     (61)(c) civil discourse. See Utah Code 10-9a-103
Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 10-9a-103
Security: includes any share of stock, bond, debenture, note or other security issued by a corporation which is registered as to ownership on the books of the corporation. See Utah Code 75A-7-102
Security: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Sending zone: means an area of a municipality that the municipality designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. See Utah Code 10-9a-103
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Special district: means an entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or the state. See Utah Code 10-9a-103
Specified public agency: means :
     (65)(a) the state;
     (65)(b) a school district; or
     (65)(c) a charter school. See Utah Code 10-9a-103
Specified public utility: means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1. See Utah Code 10-9a-103
State: includes any state of the United States, the district of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Utah Code 75A-8-102
State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
State: includes the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia. See Utah Code 35A-4-201
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
Statute: A law passed by a legislature.
Subdivision: includes :
(68)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
(68)(b)(ii) except as provided in Subsection (68)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
Subdivision: means a county, city, town, county service area, special service district, special improvement district, water conservancy district, water improvement district, sewer improvement district, housing authority, building authority, school district, or public postsecondary institution organized under the laws of this state. See Utah Code 35A-8-302
Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 10-9a-608 that:
          (69)(a)(i) vacates all or a portion of the subdivision;
          (69)(a)(ii) alters the outside boundary of the subdivision;
          (69)(a)(iii) changes the number of lots within the subdivision;
          (69)(a)(iv) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
          (69)(a)(v) alters a common area or other common amenity within the subdivision. See Utah Code 10-9a-103
Subpoena: A command to a witness to appear and give testimony.
Substantial evidence: means evidence that:
(70)(a) is beyond a scintilla; and
(70)(b) a reasonable mind would accept as adequate to support a conclusion. See Utah Code 10-9a-103
Suspect soil: means soil that has:
     (71)(a) a high susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential;
     (71)(b) bedrock units with high shrink or swell susceptibility; or
     (71)(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features. See Utah Code 10-9a-103
Terms of service agreement: means an agreement that controls the relationship between a user and a custodian. See Utah Code 75A-6-102
Testator: A male person who leaves a will at death.
Testator: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Therapeutic school: means a residential group living facility:
     (72)(a) for four or more individuals who are not related to:
          (72)(a)(i) the owner of the facility; or
          (72)(a)(ii) the primary service provider of the facility;
     (72)(b) that serves students who have a history of failing to function:
          (72)(b)(i) at home;
          (72)(b)(ii) in a public school; or
          (72)(b)(iii) in a nonresidential private school; and
     (72)(c) that offers:
          (72)(c)(i) room and board; and
          (72)(c)(ii) an academic education integrated with:
               (72)(c)(ii)(A) specialized structure and supervision; or
               (72)(c)(ii)(B) services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development. See Utah Code 10-9a-103
Throughput infrastructure project: includes :
          (11)(b)(i) an ownership interest or a joint or undivided ownership interest in a facility;
          (11)(b)(ii) a membership interest in the owner of a facility; or
          (11)(b)(iii) a contractual right, whether secured or unsecured, to use all or a portion of the throughput, transportation, or transmission capacity of a facility. See Utah Code 35A-8-302
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Total wages: means all remuneration paid by an employer to employees for insured work. See Utah Code 35A-4-301
Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transfer: means a change on the books of a corporation in the registered ownership of a security. See Utah Code 75A-7-102
Transfer: means a transaction that creates custodial property under Section 75A-8-109. See Utah Code 75A-8-102
Transfer agent: means a person employed or authorized by a corporation to transfer securities issued by the corporation. See Utah Code 75A-7-102
Transferable development right: means a right to develop and use land that originates by an ordinance that authorizes a land owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. See Utah Code 10-9a-103
Transferor: means a person who makes a transfer under this chapter. See Utah Code 75A-8-102
Tribal unit: means a subdivision, subsidiary, or business enterprise wholly owned by an American Indian tribe. See Utah Code 35A-4-201
Trust: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-6-102
Trust: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Trust company: means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. See Utah Code 75A-8-102
Trustee: A person or institution holding and administering property in trust.
Trustee: includes a successor trustee. See Utah Code 75A-6-102
Trustee: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
Unincorporated: means the area outside of the incorporated area of a city or town. See Utah Code 10-9a-103
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
User: means a person that has an account with a custodian. See Utah Code 75A-6-102
Wage requirement: means that an employer pays a person who is homeless $4,000 or more in wages during a time period that:
(5)(a) begins on the date of hire; and
(5)(b) ends no later than two calendar quarters after the calendar quarter in which the date of hire occurs. See Utah Code 35A-5-302
wages: means wages as currently defined by Section 3306(b), Internal Revenue Code of 1986, with modifications, subtractions, and adjustments provided in Subsections (2), (3), and (4). See Utah Code 35A-4-208
Water interest: means any right to the beneficial use of water, including:
     (75)(a) each of the rights listed in Section 73-1-11; and
     (75)(b) an ownership interest in the right to the beneficial use of water represented by:
          (75)(b)(i) a contract; or
          (75)(b)(ii) a share in a water company, as defined in Section Utah Code 10-9a-103
Week: means the period or periods of seven consecutive calendar days as the department may prescribe by rule. See Utah Code 35A-4-201
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
Youth apprenticeship: means a program or set of strategies that combines academic and technical classroom instruction with work experience through an apprenticeship program and which provides the foundation for youth in high school to choose among multiple pathways, including enrolling in college, beginning full-time employment, or a combination of college and employment. See Utah Code 35A-6-102
Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 10-9a-103