H.B. 122 Enrolled

LOCAL GOVERNMENT AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Ann W. Hardy
This act modifies municipal and county land use development and management
provisions to eliminate the requirement of planning commission review of certain actions
with respect to public lands or facilities. The act expands the kinds of municipal and
county decisions that are subject to judicial review within a specified time. The act
requires counties and municipalities to provide reasonable notice and an opportunity for
public comment before disposing of a significant parcel of real property.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-8-2, as last amended by Chapter 233, Laws of Utah 2002
10-9-305, as enacted by Chapter 235, Laws of Utah 1991
10-9-1001, as last amended by Chapter 291, Laws of Utah 1999
17-27-305, as last amended by Chapter 179, Laws of Utah 1995
17-27-1001, as last amended by Chapter 241, Laws of Utah 2001
17-50-312, as renumbered and amended by Chapter 133, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-8-2 is amended to read:
10-8-2. Appropriations -- Acquisition and disposal of property -- Corporate
purpose -- Procedure.
(1) A municipal legislative body may:
(a) appropriate money for corporate purposes only;
(b) provide for payment of debts and expenses of the corporation;
(c) subject to Subsection (4), purchase, receive, hold, sell, lease, convey, and dispose of
real and personal property for the benefit of the municipality, whether the property is within or
without the municipality's corporate boundaries;
(d) improve, protect, and do any other thing in relation to this property that an
individual could do; and

(e) subject to Subsection (2) and after first holding a public hearing, authorize
municipal services or other nonmonetary assistance to be provided to or waive fees required to


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be paid by a nonprofit entity, whether or not the municipality receives consideration in return.
(2) Services or assistance provided pursuant to Subsection (1)(e) is not subject to the
provisions of Subsection (3). The total amount of services or other nonmonetary assistance
provided or fees waived under Subsection (1)(e) in any given fiscal year may not exceed 1% of
the municipality's budget for that fiscal year.
(3) It is considered a corporate purpose to appropriate money for any purpose that, in the
judgment of the municipal legislative body, provides for the safety, health, prosperity, moral
well-being, peace, order, comfort, or convenience of the inhabitants of the municipality subject to
the following:
(a) The net value received for any money appropriated shall be measured on a
project-by-project basis over the life of the project.
(b) The criteria for a determination under this Subsection (3) shall be established by the
municipality's legislative body. A determination of value received, made by the municipality's
legislative body, shall be presumed valid unless it can be shown that the determination was
arbitrary, capricious, or illegal.
(c) The municipality may consider intangible benefits received by the municipality in
determining net value received.
(d) Prior to the municipal legislative body making any decision to appropriate any funds
for a corporate purpose under this section, a public hearing shall be held. Notice of the hearing
shall be published in a newspaper of general circulation at least 14 days prior to the date of the
hearing, or, if there is no newspaper of general circulation, by posting notice in at least three
conspicuous places within the municipality for the same time period.
(e) A study shall be performed before notice of the public hearing is given and shall be
made available at the municipality for review by interested parties at least 14 days immediately
prior to the public hearing, setting forth an analysis and demonstrating the purpose for the
appropriation. In making the study, the following factors shall be considered:
(i) what identified benefit the municipality will receive in return for any money or
resources appropriated;

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(ii) the municipality's purpose for the appropriation, including an analysis of the way the
appropriation will be used to enhance the safety, health, prosperity, moral well-being, peace,
order, comfort, or convenience of the inhabitants of the municipality; and
(iii) whether the appropriation is necessary and appropriate to accomplish the reasonable
goals and objectives of the municipality in the area of economic development, job creation,
affordable housing, blight elimination, job preservation, the preservation of historic structures
and property, and any other public purpose.
(f) An appeal may be taken from a final decision of the municipal legislative body, to
make an appropriation. The appeal shall be filed within 30 days after the date of that decision, to
the district court. Any appeal shall be based on the record of the proceedings before the
legislative body. A decision of the municipal legislative body shall be presumed to be valid
unless the appealing party shows that the decision was arbitrary, capricious, or illegal.
(g) The provisions of this Subsection (3) apply only to those appropriations made after
May 6, 2002.
(h) This section shall only apply to appropriations not otherwise approved pursuant to
Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, or Title 10, Chapter 6,
Uniform Fiscal Procedures Act for Utah Cities.
(4) (a) Before a municipality may dispose of a significant parcel of real property, the
municipality shall:
(i) provide reasonable notice of the proposed disposition at least 14 days before the
opportunity for public comment under Subsection (4)(a)(ii); and
(ii) allow an opportunity for public comment on the proposed disposition.
(b) Each municipality shall, by ordinance, define what constitutes:
(i) a significant parcel of real property for purposes of Subsection (4)(a); and
(ii) reasonable notice for purposes of Subsection (4)(a)(i).
Section 2. Section 10-9-305 is amended to read:
10-9-305. Public uses to conform to general plan.
[(1)] After the legislative body has adopted a general plan or any amendments to the

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general plan, no street, park, or other public way, ground, place, or space, no publicly owned
building or structure, and no public utility, whether publicly or privately owned, may be
constructed or authorized until and unless:
[(a)] (1) it conforms to the plan; or
[(b)] (2) it has been considered by the planning commission and, after receiving the
advice of the planning commission, [approved by] the legislative body approves it as an
amendment to the general plan.
[(2) (a) Before accepting, widening, removing, extending, relocating, narrowing,
vacating, abandoning, changing the use, acquiring land for, or selling or leasing any street or
other public way, ground, place, property, or structure, the legislative body shall submit the
proposal to the planning commission for its review and recommendations.]
[(b) If the legislative body approves any of the items contained in Subsection (a), it shall
also amend the general plan.]
Section 3. Section 10-9-1001 is amended to read:
10-9-1001. Appeals.
(1) No person may challenge in district court a municipality's land use decisions made
under this chapter or under the regulation made under authority of this chapter until that person
has exhausted his administrative remedies.
(2) (a) Any person adversely affected by any decision made in the exercise of or in
violation of the provisions of this chapter may file a petition for review of the decision with the
district court within 30 days after the local decision is rendered.
(b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
property owner files a request for arbitration of a constitutional taking issue with the private
property ombudsman under Section 63-34-13 until 30 days after:
(A) the arbitrator issues a final award; or
(B) the private property ombudsman issues a written statement under Subsection
63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
(ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional

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taking issues that are the subject of the request for arbitration filed with the private property
ombudsman by a property owner.
(iii) A request for arbitration filed with the private property ombudsman after the time
under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
(3) The courts shall:
(a) presume that land use decisions and regulations are valid; and
(b) determine only whether or not the decision is arbitrary, capricious, or illegal.
Section 4. Section 17-27-305 is amended to read:
17-27-305. Public uses to conform to general plan.
[(1)] After the legislative body has adopted a general plan or any amendments to the
general plan, no street, park, or other public way, ground, place, or space, no publicly owned
building or structure, and no public utility, whether publicly or privately owned, may be
constructed or authorized until and unless:
[(a)] (1) it conforms to the plan; or
[(b)] (2) it has been considered by the planning commission and, after receiving the
advice of the planning commission, [approved by] the legislative body approves it as an
amendment to the general plan.
[(2) (a) Before accepting, widening, removing, extending, relocating, narrowing,
vacating, abandoning, changing the use, acquiring land for, or selling or leasing any street or
other public way, ground, place, property, or structure, the legislative body shall submit the
proposal to the planning commission for its review and recommendations.]
[(b) If the legislative body approves any of the items contained in Subsection (a), it shall
also amend the general plan.]
Section 5. Section 17-27-1001 is amended to read:
17-27-1001. Appeals.
(1) No person may challenge in district court a county's land use decisions made under
this chapter or under the regulation made under authority of this chapter until that person has
exhausted all administrative remedies.

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(2) (a) Any person adversely affected by any decision made in the exercise of or in
violation of the provisions of this chapter may file a petition for review of the decision with the
district court within 30 days after the local decision is rendered.
(b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
property owner files a request for arbitration of a constitutional taking issue with the private
property ombudsman under Section 63-34-13 until 30 days after:
(A) the arbitrator issues a final award; or
(B) the private property ombudsman issues a written statement under Subsection
63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
(ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
taking issues that are the subject of the request for arbitration filed with the private property
ombudsman by a property owner.
(iii) A request for arbitration filed with the private property ombudsman after the time
under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
(3) (a) The courts shall:
(i) presume that land use decisions and regulations are valid; and
(ii) determine only whether or not the decision is arbitrary, capricious, or illegal.
(b) A determination of illegality requires a determination that the decision violates a
statute, ordinance, or existing law.
Section 6. Section 17-50-312 is amended to read:
17-50-312. Acquisition, management, and disposal of property.
(1) [A] Subject to Subsection (4), a county may purchase, receive, hold, sell, lease,
convey, or otherwise acquire and dispose of any real or personal property or any interest in such
property that it determines to be in the public interest.
(2) Any property interest acquired by the county shall be held in the name of the county
unless specifically otherwise provided by law.
(3) The county legislative body shall provide by ordinance, resolution, rule, or regulation
for the manner in which property shall be acquired, managed, and disposed of.

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(4) (a) Before a county may dispose of a significant parcel of real property, the county
shall:
(i) provide reasonable notice of the proposed disposition at least 14 days before the
opportunity for public comment under Subsection (4)(a)(ii); and
(ii) allow an opportunity for public comment on the proposed disposition.
(b) Each county shall, by ordinance, define what constitutes:
(i) a significant parcel of real property for purposes of Subsection (4)(a); and
(ii) reasonable notice for purposes of Subsection (4)(a)(i).