Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 138 (2020GS)

Sponsor

Rep. Andersen, K.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms; and
• establishes certain notice requirements before the Department of Transportation, a county, or a municipality purchases property for corridor preservation on a voluntary basis.

Every vote on this bill

Bill text

TRANSPORTATION CORRIDOR PRESERVATION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kyle R. Andersen
Senate Sponsor: 
David G. Buxton
LONG TITLE
General Description:
This bill modifies provisions applicable to the purchase of property for transportation
corridor preservation.
Highlighted Provisions:
This bill:
▸ defines terms; and
▸ establishes certain notice requirements before the Department of Transportation, a
county, or a municipality purchases property for corridor preservation on a
voluntary basis.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
72-5-407
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-5-407
 is enacted to read:
 72-5-407.
Voluntary purchase of property for corridor preservation -- Notice
requirements.
(1) As used in this section:
(a) "Greenbelt property" means land assessed under Title 59, Chapter 2, Part 5,
Farmland Assessment Act.
(b) "Rollback tax" means the tax imposed under Section 
59-2-506
.
(2) Before purchasing greenbelt property for corridor preservation on a voluntary basis,
the department, county, or municipality shall:
(a) provide written notice to the property owner that notifies the property owner that:
(i) because the property owner has agreed to sell the greenbelt property to a
governmental entity on a voluntary basis, the property owner:
(A) is required to pay the rollback tax in accordance with Subsection 
59-2-511
(2)(b);
and
(B) is not eligible to receive relocation assistance under Title 57, Chapter 12, Utah
Relocation Assistance Act; and
(ii) if the property owner does not sell the greenbelt property to the governmental entity
on a voluntary basis and a governmental entity later acquires the greenbelt property under
eminent domain or under the threat or imminence of eminent domain proceedings, the property
owner:
(A) would not be required to pay the rollback tax in accordance with Subsection
59-2-511
(3); and
(B) may be eligible to receive relocation assistance under Title 57, Chapter 12, Utah
Relocation Assistance Act; and
(b) obtain a signed statement from the property owner acknowledging that the property
owner received the written notice described in Subsection (2)(a).
(3) Before purchasing any other real property not described in Subsection (2) for
corridor preservation on a voluntary basis, the department, county, or municipality shall:
(a) provide written notice to the property owner that notifies the property owner that:
(i) because the property owner has agreed to sell the real property to a governmental
entity on a voluntary basis, the property owner is not eligible to receive relocation assistance
under Title 57, Chapter 12, Utah Relocation Assistance Act; and
(ii) if the property owner does not sell the real property to the governmental entity on a
voluntary basis and a governmental entity later acquires the real property under eminent
domain or under the threat or imminence of eminent domain proceedings, the property owner
may be eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation
Assistance Act; and
(b) obtain a signed statement from the property owner acknowledging that the property
owner received the written notice described in Subsection (3)(a).
(4) The department shall create and publish the form of:
(a) the notices described in Subsections (2)(a) and (3)(a); and
(b) the statements described in Subsections (2)(b) and (3)(b).