State Codes and Statutes

Statutes > Utah > Title-17 > Chapter-02 > 17-2-209

17-2-209. Minor adjustments to county boundaries authorized -- Public hearing --Joint resolution of county legislative bodies -- Notice and plat to lieutenant governor --Recording requirements -- Effective date.
(1) (a) Counties sharing a common boundary may, in accordance with the provisions ofSubsection (2) and Article XI, Section 3, of the Utah Constitution and for purposes of realproperty tax assessment and county record keeping, adjust all or part of the common boundary tomove it, subject to Subsection (1)(b), a sufficient distance to reach to, and correspond with, theclosest existing property boundary of record.
(b) A boundary adjustment under Subsection (1)(a) may not create a boundary line thatdivides or splits:
(i) an existing parcel;
(ii) an interest in the property; or
(iii) a claim of record in the office of recorder of either county sharing the commonboundary.
(2) The legislative bodies of both counties desiring to adjust a common boundary inaccordance with Subsection (1) shall:
(a) hold a joint public hearing on the proposed boundary adjustment;
(b) in addition to the regular notice required for public meetings of the county legislativebodies, mail written notice to all real property owners of record whose property may changecounties as the result of the proposed adjustment; and
(c) adopt a joint resolution approved by both county legislative bodies approving theproposed boundary adjustment.
(3) The legislative bodies of both counties adopting a joint resolution under Subsection(2)(c) shall:
(a) within 15 days after adopting the joint resolution, jointly send to the lieutenantgovernor:
(i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,that meets the requirements of Subsection 67-1a-6.5(3); and
(ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
(b) upon the lieutenant governor's issuance of a certificate of boundary adjustment underSection 67-1a-6.5, jointly submit to the recorder of the county in which the property is locatedafter the boundary adjustment:
(i) the original notice of an impending boundary action;
(ii) the original certificate of boundary adjustment;
(iii) the original approved final local entity plat; and
(iv) a certified copy of the joint resolution approving the boundary adjustment.
(4) (a) As used in this Subsection (4):
(i) "Affected area" means an area that, as a result of a boundary adjustment under thissection, is moved from within the boundary of one county to within the boundary of anothercounty.
(ii) "Receiving county" means a county whose boundary includes an affected area as aresult of a boundary adjustment under this section.
(b) A boundary adjustment under this section takes effect on the date the lieutenantgovernor issues a certificate of boundary adjustment under Section 67-1a-6.5.
(c) (i) The effective date of a boundary adjustment for purposes of assessing property

within an affected area is governed by Section 59-2-305.5.
(ii) Until the documents listed in Subsection (3)(b) are recorded in the office of therecorder of the county in which the property is located, a receiving county may not:
(A) levy or collect a property tax on property within an affected area;
(B) levy or collect an assessment on property within an affected area; or
(C) charge or collect a fee for service provided to property within an affected area.
(5) Upon the effective date of a boundary adjustment under this section:
(a) all territory designated to be adjusted into another county becomes the territory of theother county; and
(b) the provisions of Sections 17-2-207 and 17-2-208 apply in the same manner as withan annexation under this part.

Amended by Chapter 383, 2010 General Session