Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 114 (2018GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/20/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• addresses the amount for which a county may dispose of a significant parcel of real property;
• states that a county may require a potential purchaser or lessee to provide certain information;
• addresses a county's treatment of an unsolicited offer to purchase or lease a significant parcel of real property; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DISPOSAL OF COUNTY PROPERTY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Merrill F. Nelson
LONG TITLE
General Description:
This bill modifies provisions related to the disposal of county property.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ addresses the amount for which a county may dispose of a significant parcel of real
property;
▸ states that a county may require a potential purchaser or lessee to provide certain
information;
▸ addresses a county's treatment of an unsolicited offer to purchase or lease a
significant parcel of real property; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-50-312
, as last amended by Laws of Utah 2007, Chapter 291
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-50-312
 is amended to read:
17-50-312.
Acquisition, management, and disposal of property.
(1) As used in this section:
(a) "Adjusted present value" means:
(i) the disposition price; plus
(ii) the anticipated future value.
(b) (i) "Anticipated future value" means the total value of all reasonably anticipated
future benefits to a county from the disposal of a significant parcel of real property, including:
(A) increased tax revenues; and
(B) job creation or maintenance.
(ii) "Anticipated future value" does not include the present fair market value of the
significant parcel of real property.
(c) "Dispose" means to sell or lease.
(d) "Disposition price" means the price a potential purchaser or lessee offers to pay in
exchange for the sale or lease of a significant parcel of real property.
[
(1)
] 
(2)
 Subject to Subsection [
(4)
] 
(5)
, a county may purchase, receive, hold, sell,
lease, convey, or otherwise acquire and dispose of any real or personal property or any interest
in such property if the action is in the public interest and complies with other law.
[
(2)
] 
(3)
 Any property interest acquired by the county shall be held in the name of the
county unless specifically otherwise provided by law.
[
(3)
] 
(4)
 The county legislative body shall provide by ordinance, resolution, rule, or
regulation for the manner in which property shall be acquired, managed, and disposed of.
[
(4)
] 
(5)
 (a) Before a county may dispose of a significant parcel of real property, the
county shall:
(i) provide reasonable notice of the proposed disposition at least 14 days before the
opportunity for public comment under Subsection [
(4)
] 
(5)
(a)(ii); and
(ii) allow an opportunity for public comment on the proposed disposition.
(b) Each county shall, by ordinance, define what constitutes:
(i) a significant parcel of real property for purposes of Subsection [
(4)
] 
(5)
(a); and
(ii) reasonable notice for purposes of Subsection [
(4)
] 
(5)
(a)(i).
(6) (a) A county may dispose of a significant parcel of real property in exchange for
less than the present fair market value of the significant parcel of real property if the adjusted
present value of the significant parcel of real property is equal to or greater than the present fair
market value of the significant parcel of real property.
(b) Subsection (6)(a) does not affect a county's authority to dispose of a significant
parcel of real property in a manner different from Subsection (6)(a) and in accordance with
applicable law.
(7) Before a county agrees to dispose of a significant parcel of real property, the county
may require the potential purchaser or lessee to provide evidence that:
(a) the potential purchaser's or lessee's offer is bona fide;
(b) the potential purchaser or lessee has the ability to pay the disposition price; or
(c) any future benefits to the county from the disposal of the significant parcel of real
property are reasonably anticipated.
(8) If a county receives an unsolicited offer to purchase or lease a significant parcel of
real property:
(a) the county is not required to consider the offer; and
(b) a person may not consider the offer in determining the present fair market value of
the significant parcel of real property, unless considering the offer is warranted under generally
accepted standards of professional appraisal practice.
(9) A county may presume that the present fair market value of a significant parcel of
real property is equal to the average of two appraised values each of which is based upon fair
market value and calculated by a unique, independent appraiser who is licensed or certified in
accordance with Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act.