Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 70 (2017GS)

Sponsor

Rep. Froerer, G.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows a county assessor to consider that a property is a common area or facility when assessing the fair market value of the property.

Every vote on this bill

Bill text

COMMON AREA ASSESSMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gage Froerer
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends a provision related to assessment of property by a county assessor.
Highlighted Provisions:
This bill:
▸ allows a county assessor to consider that a property is a common area or facility
when assessing the fair market value of the property.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
59-2-301.1
, as last amended by Laws of Utah 2011, Chapter 157
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
59-2-301.1
 is amended to read:
59-2-301.1.
Assessment of property subject to a conservation easement --
Assessment of golf course or hunting club -- Assessment of common areas.
(1) In assessing the fair market value of property subject to a conservation easement
under Title 57, Chapter 18, Land Conservation Easement Act, a county assessor shall consider
factors relating to the property and neighboring property that affect the fair market value of the
property being assessed, including:
(a) value that transfers to neighboring property because of the presence of a
conservation easement on the property being assessed;
(b) practical and legal restrictions on the development potential of the property because
of the presence of the conservation easement;
(c) the absence of neighboring property similarly subject to a conservation easement to
provide a basis for comparing values between properties; and
(d) any other factor that causes the fair market value of the property to be affected
because of the presence of a conservation easement.
(2) (a) In assessing the fair market value of a golf course or hunting club, a county
assessor shall consider factors relating to the golf course or hunting club and neighboring
property that affect the fair market value of the golf course or hunting club, including:
(i) value that transfers to neighboring property because of the presence of the golf
course or hunting club;
(ii) practical and legal restrictions on the development potential of the golf course or
hunting club; and
(iii) the history of operation of the golf course or hunting club and the likelihood that
the present use will continue into the future.
(b) The valuation method a county assessor may use in determining the fair market
value of a golf course or hunting club includes:
(i) the cost approach;
(ii) the income capitalization approach; and
(iii) the sales comparison approach.
(3) In assessing the fair market value of property that is a common area or facility
under Title 57, Chapter 8, Condominium Ownership Act, or a common area under Title 57,
Chapter 8a, Community Association Act, a county assessor shall consider factors relating to the
property and neighboring property that affect the fair market value of the property being
assessed, including:
(a) value that transfers to neighboring property because the property is a common area
or facility;
(b) practical and legal restrictions on the development potential of the property because
the property is a common area or facility;
(c) the absence of neighboring property similarly situated as a common area or facility
to provide a basis for comparing values between properties; and
(d) any other factor that causes the fair market value of the property to be affected
because the property is a common area or facility.