Title 63A. Utah Administrative Services Code Chapter 1


A-5b-907 Priorities for vacant division-owned property -- Division to convey vacant division-owned property



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63A-5b-907 Priorities for vacant division-owned property -- Division to convey vacant division-owned property.

(1)

(a) A state agency has priority for vacant division-owned property over a local government entity, a public purpose nonprofit entity, and a private party.

(b) A local government entity and a public purpose nonprofit entity have:

(i) priority for vacant division-owned property over a private party; and

(ii) between them the same priority for vacant division-owned property.

(2) If the division receives multiple timely qualified proposals from applicants with the highest and same priority, the division shall:

(a) notify the board of:

(i) the availability of the vacant division-owned property; and

(ii) the applicants with the highest and same priority that have submitted qualified proposals; and

(b) provide the board with a copy of the timely qualified proposals submitted by the applicants with the highest and same priority.

(3) Within 30 days after being notified under Subsection (2), the board shall:

(a) determine which applicant’s qualified proposal is most likely to result in the highest and best public benefit; and

(b) notify the division of the board’s decision under Subsection (3)(a).

(4) The division shall convey the vacant division-owned property to:

(a) the applicant with the highest priority under Subsection (1), if the division receives a timely qualified proposal from a single applicant with the highest priority; or

(b) the applicant whose qualified proposal was determined by the board under Subsection (3) to be most likely to result in the highest and best public benefit, if the division receives multiple timely qualified proposals from applicants with the highest and same priority.

(5)

(a) If the division leases vacant division-owned property to a private party, the division shall, within 30 days after a lease agreement is executed, provide written notice of the lease to:

(i) the municipality in which the vacant division-owned property is located, if the vacant division-owned property is within a municipality; or

(ii) the county in whose unincorporated area the vacant division-owned property is located, if the vacant division-owned property is not located within a municipality.

(b) Nothing in this chapter may be used by a private party leasing division-owned property as a basis for not complying with applicable local land use ordinances and regulations.


Renumbered and Amended by Chapter 152, 2020 General Session




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