Title 63A. Utah Administrative Services Code Chapter 1


Part 9 Disposal of Division-owned Property



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Part 9
Disposal of Division-owned Property


63A-5b-901 Definitions.

          As used in this part:

(1) “Applicant” means a person who submits a timely, qualified proposal to the division.

(2) “Condemnee” means the same as that term is defined in Section 78B-6-520.3.

(3) “Convey” means:

(a) to provide for a primary state agency’s occupancy or use of vacant division-owned property; or

(b) to effect a transfer of ownership or lease of vacant division-owned property to a secondary state agency, local government entity, public purpose nonprofit entity, or private party.

(4) “Division-owned property” means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property.

(5) “Local government entity” means a county, city, town, metro township, local district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state.

(6) “Primary state agency” means a state agency for which the division holds title to real property that the state agency occupies or uses, as provided in Subsection 63A-5b-303(1)(a)(iv).

(7) “Private party” means a person who is not a state agency, local government entity, or public purpose nonprofit entity.

(8) “Public purpose nonprofit entity” means a corporation, association, organization, or entity that:

(a) is located within the state;

(b) is not a state agency or local government entity;

(c) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; and

(d) operates to fulfill a public purpose.

(9) “Qualified proposal” means a written proposal that:

(a) meets the criteria established by the division by rule under Section 63A-5b-903;

(b) if submitted by a local government entity or public purpose nonprofit entity, explains the public purpose for which the local government entity or public purpose nonprofit entity seeks a transfer of ownership or lease of the vacant division-owned property; and

(c) the director determines will, if accepted and implemented, provide a material benefit to the state.

(10) “Secondary state agency” means a state agency:

(a) that is authorized to hold title to real property that the state agency occupies or uses, as provided in Subsection 63A-5b-303(4); and

(b) for which the division does not hold title to real property that the state agency occupies or uses.

(11) “State agency” means a department, division, office, entity, agency, or other unit of state government.

(12) “Transfer of ownership” includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property.

(13) “Vacant division-owned property” means division-owned property that:

(a) a primary state agency has discontinued to occupy or use; and

(b) the director has determined should be made available for:

(i) use or occupancy by a primary state agency; or

(ii) a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party.

(14) “Written proposal” means a brief statement in writing that explains:

(a) the proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property; and

(b) how the state will benefit from the proposed use or occupancy, transfer of ownership, or lease.


Renumbered and Amended by Chapter 152, 2020 General Session




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