S.B. 37

1

OPEN SPACE NEAR STATE PRISON
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: R. Mont Evans
5 AN ACT RELATING TO ADMINISTRATIVE SERVICES; PROVIDING FOR THE SURVEY
6 OF CERTAIN LAND; AUTHORIZING THE OFFICE OF PLANNING AND BUDGET TO
7 DETERMINE THE USE OF THAT LAND; AND APPROPRIATING $125,000 TO
8 DETERMINE THE SIZE, BOUNDARIES, AND LEGAL DESCRIPTION OF THE LAND.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 63A-5-221, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 63A-5-221 is enacted to read:
14 63A-5-221. Jordan River Critical Land -- DFCM to arrange survey -- OPB to
15 determine use.
16 (1) For purposes of this section, "critical land" means a parcel of S [ approximately 350-400
17 acres of ] s land adjacent to the state prison, owned by the division and located along the Jordan River
18 between about 12600 South and 14600 South in Salt Lake County.
19 (2) The director shall:
20 (a) within appropriations by the Legislature, engage a surveyor and any other professional
21 the director considers necessary to determine the actual size, boundaries, and legal description of
22 the critical land S AND OTHER PRESENT CONDITIONS s ;
23 (b) require each surveyor or other professional engaged under Subsection (2)(a) and
24 involved in determining the boundaries or legal description of the critical land to define the legal
25 description in terms of a metes and bounds description without reference to any natural monument
26 that has the potential of moving, being removed, or shifting; and
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Amend on 2_goldenrod February 5, 1998 27 (c) if a disagreement exists or arises as to the boundary between the critical land and land

1 adjacent to the critical land, negotiate boundary line agreements with owners of the adjacent land,
2 to the extent the parties can agree on a mutual boundary.
3 (3) The division may enter into one or more interlocal agreements with local governments
4 to develop and maintain a trail or system of trails through the critical land.
5 (4) By January 1, 1999, the Office of Planning and Budget shall, in cooperation and
6 consultation with the Critical Lands Conservation Committee established by executive order dated
7 May 24, 1996, the division, the Department of Corrections, interested local governments, S THE
7a STATE ARCHEOLOGIST, THE DIVISION OF INDIAN AFFAIRS, s and other
8 interested parties, S [determine] RECOMMEND TO THE LEGISLATURE AND THE GOVERNOR s :
9 (a) what part of the critical land should be preserved for use by the Department of
10 Corrections;
11 (b) what part of the critical land should be preserved as open space; h [ and ] h
12 (c) the most appropriate method of designating and preserving as open space that part of
13 the critical land that the Office of Planning and Budget determines should be preserved as open
14 space h ; AND
14a (d) WHETHER COMPENSATION SHOULD BE PAID TO THE DEPARTMENT OF CORRECTIONS
14b FOR THE CRITICAL LAND AND, IF SO, THE AMOUNT OF COMPENSATION h .
15 (5) In making the determinations under Subsection (4), the Office of Planning and Budget
16 shall:
17 (a) follow the principles of:
18 (i) protecting private property rights;
19 (ii) ensuring that land use decisions are made locally;
20 (iii) avoiding a net loss of private land ownership in the state; and
21 (iv) encouraging partnerships in the effort to preserve open space; and
22 (b) maximize the amount of critical land preserved as open space while allowing the
23 Department of Corrections adequate land to carry out its functions and responsibilities.
24 Section 2. Appropriation.
25 There is appropriated $125,000 from the General Fund for fiscal year 1998-99 to the
26 Division of Facilities Construction and Management to enable the Division of Facilities
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Amend on 2_goldenrod February 5, 1998 27 Construction and Management to carry out the responsibility imposed by Subsection
28 63A-5-221(2).

lilac-February 27, 1998

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Legislative Review Note
as of 1-19-98 9:09 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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