17-27a-507. Exactions -- Exaction for water interest --Requirement to offer to
original owner property acquired by exaction.
(1) A county may impose an exaction or exactions on development proposed in a land
use application, including, subject to Subsection (2), an exaction for a water interest, if:
(a) an essential link exists between a legitimate governmental interest and each exaction;
and
(b) each exaction is roughly proportionate, both in nature and extent, to the impact of the
proposed development.
(2) (a) (i) A county or, if applicable, the county's culinary water authority shall base any
exaction for a water interest on the culinary water authority's established calculations of projected
water interest requirements.
(ii) Upon an applicant's request, the culinary water authority shall provide the applicant
with the basis for the culinary water authority's calculations under Subsection (2)(a)(i) on which
an exaction for a water interest is based.
(b) A county or its culinary water authority may not impose an exaction for a water
interest if the culinary water authority's existing available water interests exceed the water
interests needed to meet the reasonable future water requirement of the public, as determined
under Subsection 73-1-4(2)(f).
(3) (a) If a county plans to dispose of surplus real property under Section 17-50-312 that
was acquired under this section and has been owned by the county for less than 15 years, the
county shall first offer to reconvey the property, without receiving additional consideration, to the
person who granted the property to the county.
(b) A person to whom a county offers to reconvey property under Subsection (3)(a) has
90 days to accept or reject the county's offer.
(c) If a person to whom a county offers to reconvey property declines the offer, the
county may offer the property for sale.
(d) Subsection (3)(a) does not apply to the disposal of property acquired by exaction by a
community development or urban renewal agency.
Amended by Chapter 163, 2009 General Session
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Last revised: Thursday, May 28, 2009