State Codes and Statutes

Statutes > Utah > Title-10 > Chapter-02 > 10-2-101

10-2-101. Definitions.
(1) As used in this part:
(a) "Commission" means a boundary commission established under Section 10-2-409 forthe county in which the property that is proposed to be incorporated is located.
(b) "Feasibility consultant" means a person or firm with expertise in the processes andeconomics of local government.
(c) "Private," with respect to real property, means not owned by the United States or anyagency of the federal government, the state, a county, a municipality, a school district, a localdistrict under Title 17B, Limited Purpose Local Government Entities - Local Districts, a specialservice district under Title 17D, Chapter 1, Special Service District Act, or any other politicalsubdivision or governmental entity of the state.
(2) For purposes of this part:
(a) the owner of real property shall be the record title owner according to the records ofthe county recorder on the date of the filing of the request or petition; and
(b) the value of private real property shall be determined according to the last assessmentroll for county taxes before the filing of the request or petition.
(3) For purposes of each provision of this part that requires the owners of private realproperty covering a percentage or fraction of the total private land area within an area to sign arequest or petition:
(a) a parcel of real property may not be included in the calculation of the requiredpercentage or fraction unless the request or petition is signed by:
(i) except as provided in Subsection (3)(a)(ii), owners representing a majority ownershipinterest in that parcel; or
(ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the numberof owners of that parcel;
(b) the signature of a person signing a request or petition in a representative capacity onbehalf of an owner is invalid unless:
(i) the person's representative capacity and the name of the owner the person representsare indicated on the request or petition with the person's signature; and
(ii) the person provides documentation accompanying the request or petition thatsubstantiates the person's representative capacity; and
(c) subject to Subsection (3)(b), a duly appointed personal representative may sign arequest or petition on behalf of a deceased owner.

Amended by Chapter 360, 2008 General Session