Chapter 21 Lands and Waters for Wildlife Purposes


-21-1 Acquisition of lands, waters and rights-of-way -- Authority of division



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23-21-1 Acquisition of lands, waters and rights-of-way -- Authority of division.

          The Division of Wildlife Resources shall have the power to acquire lands, waters, and rights-of-way by purchase, lease, agreement, gift, exchange, contribution, or any other lawful means, for authorized activities of the Division of Wildlife Resources as outlined by this code and the rules and regulations of the Wildlife Board.
Enacted by Chapter 46, 1971 General Session

23-21-1.5 Acquisition of real property held in private ownership -- Published notice and governor’s approval required.

(1) The Division of Wildlife Resources may not acquire title to real property held in private ownership without first:

(a) publishing a notice of the proposed acquisition:

(i) in a newspaper of general circulation in the county in which the property is located; and

(ii) as required in Section 45-1-101; and

(b) obtaining the approval of the governor.

(2) The requirements of Subsection (1) apply whether title to real property held in private ownership is acquired through a purchase, donation, or other means.

(3) In the case of a proposed purchase of private property, the notice may be published after earnest money is paid.

(4) The published notice shall inform the public regarding:

(a) the proposed use of the land;

(b) any conditions on the acquisition of the land placed by donors, the federal government, sellers, or others specifying how the land must be used;

(c) any changes to existing land uses that are anticipated; and

(d) the public comment submission process for comments on the proposed acquisition.

(5) The governor shall:

(a) submit a notification of the proposed acquisition to:

(i) the county executive of the county in which the property is located;

(ii) the legislators of the legislative districts in which the lands are located; and

(iii) the School and Institutional Trust Lands Administration; and

(b) invite those notified to submit any comments on the proposed acquisition.

(6) After considering comments on the proposed acquisition, the governor may approve the acquisition in whole or in part or disapprove the acquisition.


Amended by Chapter 388, 2009 General Session




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