S.B. 37 Enrolled

OPEN SPACE NEAR STATE PRISON
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: R. Mont Evans
Howard A. Stephenson

AN ACT RELATING TO ADMINISTRATIVE SERVICES; PROVIDING FOR THE SURVEY
OF CERTAIN LAND; AUTHORIZING THE OFFICE OF PLANNING AND BUDGET TO
RECOMMEND THE USE OF THAT LAND; AND APPROPRIATING $125,000 TO
DETERMINE THE SIZE, BOUNDARIES, AND LEGAL DESCRIPTION OF THE LAND.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
63A-5-221, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63A-5-221 is enacted to read:
63A-5-221. Jordan River Critical Land -- DFCM to arrange survey -- OPB to
recommend use.
(1) For purposes of this section, "critical land" means a parcel of land adjacent to the state
prison, owned by the division and located along the Jordan River between about 12600 South and
14600 South in Salt Lake County.
(2) The director shall:
(a) within appropriations by the Legislature, engage a surveyor and any other professional
the director considers necessary to determine the actual size, boundaries, and legal description of
the critical land and other present conditions;
(b) require each surveyor or other professional engaged under Subsection (2)(a) and
involved in determining the boundaries or legal description of the critical land to define the legal
description in terms of a metes and bounds description without reference to any natural monument
that has the potential of moving, being removed, or shifting; and
(c) if a disagreement exists or arises as to the boundary between the critical land and land
adjacent to the critical land, negotiate boundary line agreements with owners of the adjacent land,

to the extent the parties can agree on a mutual boundary.
(3) The division may enter into one or more interlocal agreements with local governments
to develop and maintain a trail or system of trails through the critical land.
(4) By January 1, 1999, the Office of Planning and Budget shall, in cooperation and
consultation with the Critical Lands Conservation Committee established by executive order dated
May 24, 1996, the division, the Department of Corrections, interested local governments, the state
archeologist, the Division of Indian Affairs, and other interested parties, recommend to the
Legislature and the governor:
(a) what part of the critical land should be preserved for use by the Department of
Corrections;
(b) what part of the critical land should be preserved as open space;
(c) the most appropriate method of designating and preserving as open space that part of the
critical land that the Office of Planning and Budget determines should be preserved as open space;
and
(d) whether compensation should be paid to the Department of Corrections for the critical
land and, if so, the amount of compensation.
(5) In making the determinations under Subsection (4), the Office of Planning and Budget
shall:
(a) follow the principles of:
(i) protecting private property rights;
(ii) ensuring that land use decisions are made locally;
(iii) avoiding a net loss of private land ownership in the state; and
(iv) encouraging partnerships in the effort to preserve open space; and
(b) maximize the amount of critical land preserved as open space while allowing the
Department of Corrections adequate land to carry out its functions and responsibilities.
Section 2. Appropriation.
There is appropriated $125,000 from the General Fund for fiscal year 1998-99 to the Division
of Facilities Construction and Management to enable the Division of Facilities Construction and

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Management to carry out the responsibility imposed by Subsection 63A-5-221 (2).

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