Title 63L. Lands



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Title 63L. Lands


Chapter 1
Federal Jurisdiction



Part 1
General Provisions



63L-1-101 Title.

(1) This title is known as “Lands.”

(2) This chapter is known as “Federal Jurisdiction.”


Enacted by Chapter 382, 2008 General Session




Part 2
Federal and State Jurisdiction



63L-1-201 Jurisdiction over land acquired by United States -- Reservations by state -- Duration of jurisdiction.

          Jurisdiction is hereby ceded to the United States in, to and over any and all lands or territory within this state which have heretofore been acquired by the United States by purchase, condemnation or otherwise for military or naval purposes and for forts, magazines, arsenals, dockyards and other needful buildings of every kind whenever authorized by Act of Congress, and in, to and over any and all lands or territory within this state now held by the United States under lease, use permit, or reserved from the public domain for any of the purposes aforesaid; this state, however, reserving the right to execute its process, both criminal and civil, within such territory. The jurisdiction so ceded shall continue so long as the United States shall own, hold or reserve land for any of the aforesaid purposes, or in connection therewith, and no longer.




Renumbered and Amended by Chapter 382, 2008 General Session



63L-1-202 Governor to execute conveyances.

          The governor is hereby authorized and empowered to execute all proper conveyances in the cession herein granted, upon request of the United States or the proper officers thereof, whenever any land shall have been acquired, leased, used, or reserved from the public domain for such purposes.




Renumbered and Amended by Chapter 382, 2008 General Session



63L-1-203 Jurisdiction over certain military reservations ceded -- Reservation.

          Jurisdiction is ceded to the United States in and over all lands comprised within the limits of the military reservations of Fort Douglas and Fort Duchesne in this state, to continue so long as the United States shall hold and own the same for military purposes or in connection therewith, and no longer; reserving, however, to this state the right to serve all civil process and such criminal process as may lawfully issue under the authority of this state against persons charged with crimes against the laws of this state committed within or without said reservations.




Renumbered and Amended by Chapter 382, 2008 General Session



63L-1-204 Concurrent jurisdiction with United States -- Taxation of businesses on federal lands.

(1) The state of Utah retains concurrent jurisdiction, both civil and criminal, with the United States over all lands affected by this act.

(2) The state and all of its political subdivisions also reserve the right to impose taxes on individuals, partnerships, corporations, associations, and all other business entities doing business on the lands affected by this chapter in respect to such business or on any property of these entities situated on these lands.


Renumbered and Amended by Chapter 382, 2008 General Session



63L-1-205 Concurrent jurisdiction over certain minor violations at Dugway Proving Ground.

          The state of Utah hereby cedes to the United States, retaining also the same to itself, concurrent jurisdiction over class B and C misdemeanors and traffic violations no more serious than a class B misdemeanor within the following described boundaries in the Counties of Tooele and Juab, State of Utah, in the Salt Lake Meridian:

          BEGINNING at the NE corner of Section 1, T8S, R9W;

          1. Thence, South along the Range line between R8W and R9W, 9 miles and 2.57 chains to the SE corner of Section 13, T9S, R9W;

          2. Thence, West, along the South line of Sections 13, 14, 15 and 16, T9S, R9W, 4 miles to the NE corner of Section 20, T9S, R9W;

          3. Thence, South, along the East line of said Section 20 to the SE corner of said Section 20;

          4. Thence, Southwesterly in a straight line to the Southwest corner of Section 31, T10S, R10W;

          5. Thence, continuing Southwesterly along said line to a point in Section 1, T11S, R11W, said point bears 0.7 mile along said Southwesterly line from the SW corner of said Section 31;

          6. Thence, Northwesterly, in a straight line from said point, to the SW corner of Section 34, T9S, R11W;

          7. Thence, North along the West line of said Section 34 to the NW corner of said Section 34;

          8. Thence, West along the South line of Sections 28 and 29, T9S, R11W, to the SE corner of Section 30, T9S, R11W;

          9. Thence, Northwest in a straight line to the NE corner of Section 23, T9S, R12W;

          10. Thence, West along the North line of Sections 23, 22, and projected Sections 21, 20 and 19 to the Range line between R12W and R13W;

          11. Thence, South along said Range line to the South line of T10S;

          12. Thence, West along last said Township line to the Range line common to R16W and R17W;

          13. Thence, North along last said Range line to the West quarter corner of Section 6, T10S, R16W;

          14. Thence, East along the East-West centerline of said Section 6 to the North-South centerline of said Section 6;

          15. Thence, North along said North-South centerline to the North quarter corner of said Section 6;

          16. Thence, East along the North line of said Section 6 to the NE corner of said Section 6;

          17. Thence, North along the East line of Section 31, T9S, R16W, to the NE corner of the SE 1/4 SE 1/4 of said Section 31;

          18. Thence, West along the North line of the S 1/2 S 1/2 of last said Section 31, T9S, R16W, to the West line of said Section 31;

          19. Thence, North along said West line to the East-West line of last said Section 31;

          20. Thence, East along said East-West line to the SE corner of the SW 1/4 NW 1/4 of last said Section 31;

          21. Thence, North along the East line of said SW 1/4 NW 1/4 to the NE corner of SW 1/4 NW 1/4 of last said Section 31;

          22. Thence, West along the North line of said SW 1/4 NW 1/4 to the NW corner of said SW 1/4 NW 1/4 of last said Section 31, said corner also being on the Range line common to R16W and R17W;

          23. Thence, North along last said Range line to the NW corner of Section 6, T6S, R16W;

          24. Thence, East along the North line of T6S to the NE corner of Section 1, T6S, R13W;

          25. Thence, North along the West line of R13W to the NW corner of Section 6, T6S, R12W;

          26. Thence, East along the North line of T6S to the NE corner of Section 1, T6S, R12W;

          27. Thence, North along the Range line between R11W and R12W, 5 miles and 37.68 chains to the closing corner of T5S, R11W and T5S, R12W, said corner bears East 10.97 chains from the standard corner of T4S, R11W and T4S, R12W;

          28. Thence, East along the Township line common to T4S and T5S, 6 miles and 74.49 chains to the divide crest of the Cedar Mountain Range;

          29. Thence, Southeasterly, along or near the crest of the Cedar Mountain Range through T5S, R10W, T6S, R10W, and T6S, R9W, the following courses:

          30. Thence, S 1 29’ W, 69.63 chains;

          31. Thence, S 4 18’ E, 94.83 chains;

          32. Thence, S 5 21’ E, 87.44 chains;

          33. Thence, S 63 27’ E, 26.60 chains;

          34. Thence, S 17 15’ E, 70.51 chains;

          35. Thence, S 55 37’ E, 132.09 chains;

          36. Thence, S 56 22’ E, 108.71 chains;

          37. Thence, S 24 31’ E, 20.92 chains; to a point which bears West, 125.29 chains from the SW corner of T5S, R9W;

          38. Thence, S 28 06’ E, 70.05 chains;

          39. Thence, S 69 15’ E, 26.73 chains;

          40. Thence, S 41 32’ E, 55.35 chains;

          41. Thence, N 89 19’ E, 30.79 chains;

          42. Thence, S 25 40’ E, 36.19 chains;

          43. Thence, N 66 24’ E, 56.38 chains;

          44. Thence, S 63 17’ E, 76.05 chains;

          45. Thence, S 38 48’ E, 29.84 chains;

          46. Thence, S 82 20’ E, 71.44 chains;

          47. Thence, S 35 07’ E, 32.82 chains;

          48. Thence, S 36 24’ W, 18.77 chains;

          49. Thence, S 01 41’ W, 61.73 chains;

          50. Thence, N 65 19’ E, 25.68 chains;

          51. Thence, S 52 59’ E, 41.19 chains;

          52. Thence, N 85 57’ E, 44.22 chains;

          53. Thence, S 58 52’ E, 69.09 chains;

          54. Thence, S 82 14’ E, 46.21 chains;

          55. Thence, S 26 06’ E, 74.82 chains;

          56. Thence, S 88 42’ E, 14.59 chains to a point on the Range line common to R8W and R9W, said point bears South 12.78 chains from the NW corner of Section 31, T6S, R8W;

          57. Thence, leaving the Cedar Mountain Crest, South along said Range line common to R8W and R9W, 68.85 chains to the SW corner of T6S, R8W;

          58. Thence, East along the Township line between Ts. 6 and 7 S., 4 miles, 9.5 chains, to the closing corner of Sections 2 and 3, T7S, R8W;

          59. Thence, South, along Section line, 3 miles, 73.37 chains, to the corner of Sections 22, 23, 26 and 27, T7S, R8W;

          60. Thence, West, along Section lines, 4 miles 0.45 chains, to the closing corner of Sections 19 and 30, on the West boundary of T7S, R8W;

          61. Thence, South, along the Range lines between Rs. 8 and 9 W, 1 mile 37.14 chains to the Northeast corner of T8S, R9W, and the POINT OF BEGINNING.

          TOGETHER with all that land in Section 36, T10S, R11W lying Southwesterly of the line described in Course No. 6 of this description.

          EXCEPTING THEREFROM: NW 1/4 of Section 9, T8S, R13W; and the NE 1/4 SW 1/4 of Section 30, T10S, R16W.

          The operative provisions of this section also apply to the property within the following described boundaries:

          Township 6 South, Range 4 West, Salt Lake Meridian, Section 4, S 1/2; Section 5, Lots 3 and 4, S 1/2 NW 1/4 and S 1/2; Sections 6 to 9, inclusive; Section 15, W 1/2; Sections 16 to 21, inclusive; Section 22, W 1/2; Section 27, W 1/2; Sections 28 to 30.

          Township 6 South, Range 5 West, Salt Lake Meridian, Sections 1 to 3, inclusive; Sections 11 to 14, inclusive; Sections 23 to 26, inclusive; those portions of Sections 4, 9, 10, 15, 22, and 27 lying East of the Union Pacific Railroad Right-of-Way, and situated within the boundary of the Deseret Chemical Depot (formerly St. John Ordnance Depot) County of Tooele, State of Utah, which lands were withdrawn from all forms of appropriation under the public land laws, including the mining and mineral leasing laws and reserved for use by the Department of Army (formerly War Department) as an Ordnance Storage Depot by the Public Land Order No. 15 dated July 21, 1942, and Public Land Order No. 66 dated November 30, 1942; and which are within the Rush Valley Unit of the Bonneville Grazing District No. 2, Utah.




Renumbered and Amended by Chapter 382, 2008 General Session



63L-1-206 Concurrent jurisdiction.

          The state of Utah hereby accepts from the United States concurrent jurisdiction, both civil and criminal, with the United States over the following described boundaries in the county of Weber, state of Utah, in the Salt Lake Meridian:

(1) As described more particularly in Subsection (2), a part of Section 7 in Township 6 North, Range 1 West and a part of Section 12 in Township 6 North, Range 2 West.

(2) Beginning at a point South 0 degrees 46 minutes 27 seconds West 1540.37 feet and North 89 degrees 03 minutes 15 seconds West 258.80 feet and North 3 degrees 57 minutes 30 seconds West 10,877.85 feet and North 86 degrees 11 minutes 50 seconds East 80.74 feet and North 3 degrees 52 minutes 20 seconds West 655.22 feet from the Northeast corner of the Northwest Quarter of Section 19 in said Township 6 North, Range 1 West; said point also being North 89 degrees 03 minutes 15 seconds West 253.25 feet and North 3 degrees 57 minutes 30 seconds West 10,945.10 feet and North 86 degrees 11 minutes 50 seconds East 80.74 feet and North 3 degrees 52 minutes 20 seconds West 655.22 feet from the Ogden City survey monument at the intersection of the monument line of 12th Street and the East line of the Northwest Quarter of said Section 19; said point also being North 86 degrees 11 minutes 50 seconds East and North 3 degrees 52 minutes 20 seconds West 655.22 from the Southwest corner of the Ogden City property (parcel 11-023-0029):

(a) thence South 86 degrees 03 minutes 22 seconds West 2398.03 feet more or less along an existing fenceline separating properties used by Defense Depot Ogden and the U. S. Army Reserve to a point on the East line of 1200 West Street;

(b) thence North 1 degree 16 minutes 15 seconds East 66.27 feet along said East line of 1200 West Street;

(c) thence North 86 degrees 03 minutes 22 seconds East 2392.09 feet more or less to a point on the West line of the Weber-Ogden Fairgrounds Complex; and

(d) thence South 3 degrees 52 minutes 20 seconds East 66.00 feet along said West line of the Weber-Ogden Fairgrounds Complex to the point of beginning.


Renumbered and Amended by Chapter 382, 2008 General Session



63L-1-207 Concurrent jurisdiction -- Utah Test and Training Range.

          The state of Utah cedes to the United States, retaining also the same to itself, concurrent jurisdiction within the following described boundaries in the county of Tooele, state of Utah, in the Salt Lake Base and Meridian, to continue so long as the United States owns, holds, or reserves the land for military purposes or in connection with military purposes, and no longer:

(1) Township 2 North, Range 15 West, all of:

(a) Section 16;

(b) Section 32;

(c) Section 36; and

(d) Section 2, Lots 1-4, S 1/2 N 1/2, S 1/2;

(2) Township 2 South, Range 14 West, all of:

(a) Section 32; and

(b) Section 36;

(3) Township 2 South, Range 15 West, all of:

(a) Section 36; and

(b) Section 32, W 1/2;

(4) Township 3 South, Range 15 West, all of:

(a) Section 16;

(b) Section 32;

(c) Section 36; and

(d) Section 2, Lots 1-4, S 1/2 N 1/2, S 1/2;

(5) Township 2 South, Range 16 West, all of:

(a) Section 32; and

(b) Section 36;

(6) Township 2 South, Range 17 West, all of:

(a) Section 32; and

(b) Section 36;

(7) Township 2 South, Range 18 West, all of Section 36;

(8) Township 3 South, Range 18 West, all of:

(a) Section 16;

(b) Section 32;

(c) Section 36; and

(d) Section 2, Lots 1-4, S 1/2 N 1/2, S 1/2;

(9) Township 3 South, Range 19 West, all of:

(a) Section 16;

(b) Section 32;

(c) Section 36; and

(d) Section 2, Lots 1-4, S 1/2 N 1/2, S 1/2; and

(10) Township 4 South, Range 19 West, all of:

(a) Section 16;

(b) Section 32;

(c) Section 36; and

(d) Section 2, Lots 1-4, S 1/2 N 1/2, S 1/2.


Renumbered and Amended by Chapter 382, 2008 General Session





Chapter 2
Transfer of State Lands to United States Government Act



Part 1
General Provisions



63L-2-101 Title.

          This chapter is known as the “Transfer of State Lands to United States Government Act.”




Enacted by Chapter 382, 2008 General Session




Part 2
Procedures for Acquisition of Property



63L-2-201 Federal government acquisition of real property in the state.

(1) As used in this chapter:

(a) “Governmental entity” means:

(i) an agency, as that term is defined in Subsection 63G-10-102(2);

(ii) the School and Institutional Trust Lands Administration created in Section 53C-1-201;

(iii) the School and Institutional Trust Lands Board of Trustees created in Section 53C-1-202; or

(iv) a county.

(b) “Governmentally controlled land” means land owned or managed by a governmental entity.

(2)

(a) Before legally binding the state by executing an agreement to sell or transfer to the United States government 500 or more acres of governmentally controlled land or school and institutional trust lands, a governmental entity shall submit the agreement or proposal:

(i) to the Legislature for its approval or rejection; or

(ii) in the interim, to the Legislative Management Committee for review of the agreement or proposal.

(b) The Legislative Management Committee may:

(i) recommend that the governmental entity execute the agreement or proposal;

(ii) recommend that the governmental entity reject the agreement or proposal; or

(iii) recommend to the governor that the governor call a special session of the Legislature to review and approve or reject the agreement or proposal.

(3) Before legally binding the state by executing an agreement to sell or transfer to the United States government less than 500 acres of any governmentally controlled land or school and institutional trust lands, a governmental entity shall notify the Natural Resources, Agriculture, and Environment Interim Committee.

(4) Notwithstanding Subsections (2) and (3), the Legislature approves all conveyances of school trust lands to the United States government made for the purpose of completing the Red Cliffs National Conservation Area in Washington County.

(5) A governmental entity may, in its discretion, give written notice to the Legislative Management Committee of formal negotiations it enters into with a federal agent or entity intended or likely to result in:

(a) the sale, exchange, or transfer of specific governmentally controlled land or school and institutional trust lands to the federal government; or

(b) designation of specific governmentally controlled land or school and institutional trust lands as a federal park, monument, or wilderness area.


Amended by Chapter 84, 2015 General Session





Chapter 3
Private Property Protection Act






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