H.B. 354

1

APPRAISALS FOR STATE LAND PURCHASES
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jack R. Draxler
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Procurement Code by amending provisions for the purchase
10 or sale of real property by state agencies.
11 Highlighted Provisions:
12 This bill:
13 . requires a state agency that buys, sells, or exchanges real property to make rules to
14 establish procedures for determining that the value is congruent with the proposed
15 price and other terms of the purchase, sale, or exchange;
16 . allows the rules to require an appraisal and to require that the appraisal be
17 completed by a state-certified general appraiser; and
18 . provides exceptions for real property with an estimated value below a certain limit.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill coordinates with H.B. 63, Recodification of Title 63 State Affairs in General.
23 Utah Code Sections Affected:
24 ENACTS:
25 63-56-1101, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 63-56-1101 is enacted to read:
29 Part 11. Determining the Value of Real Property Prior to Sale
30 63-56-1101. Rulemaking for sale of real property -- Licensed or certified
31 appraisers -- Exceptions.
32 (1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, a
33 state agency that buys, sells, or exchanges real property, or any interest in real property, shall
34 make rules to ensure that the value of the real property is congruent with the proposed price
35 and other terms of the purchase, sale, or exchange.
36 (2) The rules:
37 (a) shall establish procedures for determining the value of the real property;
38 (b) may provide that an appraisal, as defined under Section 61-2b-2 , demonstrates the
39 real property's value; and
40 (c) may require that the appraisal be completed by a state-certified general appraiser, as
41 defined under Section 61-2b-2 .
42 (3) Subsection (1) does not apply to the purchase, sale, or exchange of real property, or
43 to an interest in real property:
44 (a) that is under a contract or other written agreement prior to May 5, 2008; or
45 (b) with a value of less than $100,000, as estimated by the state agency.
46 Section 2. Coordinating H.B. 354 with H.B. 63 -- Technical renumbering.
47 If this H.B. 354 and H.B. 63, Recodification of Title 63 State Affairs in General, both
48 pass, it is the intent of the Legislature that Section 63-56-1101 in this bill be renumbered to
49 63G-6-1101 when the Office of Legislative Research and General Counsel prepares the Utah
50 Code database for publication.




Legislative Review Note
as of 1-28-08 5:20 PM

Office of Legislative Research and General Counsel