State Codes and Statutes

Statutes > Utah > Title-17d > Chapter-01 > 17d-1-104

17D-1-104. Property owner provisions -- Determination of registered voters.
(1) For purposes of this chapter:
(a) the owner of real property is:
(i) except as provided in Subsection (1)(a)(ii), the fee title owner according to the recordsof the county recorder on the date of the filing of the petition or protest; or
(ii) for a proposed annexation or addition of a new service under Part 4, Annexing a NewArea and Adding a New Service, the lessee of military land, as defined in Section 63H-1-102, ifthe area proposed to be annexed or within which a new service is proposed to be added includesmilitary land that is within a project area described in a project area plan adopted by the militaryinstallation development authority under Title 63H, Chapter 1, Military Installation DevelopmentAuthority Act; and
(b) the value of private real property is determined according to the last assessmentbefore the filing of the petition or protest, as determined by:
(i) (A) the county under Title 59, Chapter 2, Part 3, County Assessment, for propertysubject to assessment by the county; or
(B) the State Tax Commission under Title 59, Chapter 2, Part 2, Assessment of Property,for property subject to assessment by the State Tax Commission; and
(ii) the county, for all other property.
(2) For purposes of each provision of this chapter that requires the owners of private realproperty covering a percentage of the total private land area within the applicable area to sign apetition or protest:
(a) a parcel of real property may not be included in the calculation of the requiredpercentage unless the petition or protest is signed by:
(i) except as provided in Subsection (2)(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 petition or protest 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 petition or protest with the person's signature; and
(ii) the person provides documentation accompanying the petition or protest thatreasonably substantiates the person's representative capacity; and
(c) subject to Subsection (2)(b), a duly appointed personal representative may sign apetition or protest on behalf of a deceased owner.
(3) For purposes of this chapter, registered voters shall be determined according to theofficial register.

Amended by Chapter 92, 2009 General Session