S.B. 159 Enrolled

ANNEXATION OF PUBLIC LAND TO
SPECIAL AND LOCAL DISTRICTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Mike Dmitrich

LONG TITLE
General Description:
This bill modifies provisions relating to annexation to a local district or certain special
districts.
Highlighted Provisions:
This bill:
. allows the owner of publicly owned land, except the federal government, to petition
for annexation to a local district or certain special districts when all the land within
the area proposed for annexation is publicly owned.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17B-2-503, as last amended by Chapter 257, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17B-2-503 is amended to read:
17B-2-503. Initiation of annexation process -- Petition and resolution.
(1) Except as provided in Sections 17B-2-515 , 17B-2-515.5 , and 17B-2-516 , the
process to annex an area to a local district may be initiated by:
(a) (i) for a district whose board of trustees is elected by electors based on the acre-feet

of water allotted to the land owned by the elector and subject to Subsection (2), a petition signed
by the owners of all of the acre-feet of water allotted to the land proposed for annexation; or
(ii) for all other districts:
(A) a petition signed by:
(I) the owners of private real property that:
[(I)] (Aa) is located within the area proposed to be annexed;
[(II)] (Bb) covers at least 10% of the total private land area within the entire area
proposed to be annexed and within each applicable area; and
[(III)] (Cc) is equal in assessed value to at least 10% of the assessed value of all private
real property within the entire area proposed to be annexed and within each applicable area; or
(II) the owner of all the publicly owned real property, if all the real property within the
area proposed for annexation is owned by a public entity other than the federal government; or
(B) a petition signed by registered voters residing within the entire area proposed to be
annexed and within each applicable area equal in number to at least 10% of the number of votes
cast within the entire area proposed to be annexed and within each applicable area, respectively,
for the office of governor at the last regular general election before the filing of the petition;
(b) a resolution adopted by the legislative body of each county whose unincorporated
area includes and each municipality whose boundaries include any of the area proposed to be
annexed; or
(c) a resolution adopted by the board of trustees of the proposed annexing local district if,
for at least 12 consecutive months immediately preceding adoption of the resolution, the local
district has provided:
(i) retail service to the area; or
(ii) a wholesale service to a provider of the same service that has provided that service on
a retail basis to the area.
(2) If an association representing all acre-feet of water allotted to the land that is
proposed to be annexed to a local district signs a petition under Subsection (1)(a)(i), pursuant to a
proper exercise of authority as provided in the bylaws or other rules governing the association,

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the petition shall be considered to have been signed by the owners of all of the acre-feet of water
allotted to the land proposed for annexation, even though less than all of the owners within the
association consented to the association signing the petition.
(3) Each petition and resolution under Subsection (1) shall:
(a) describe the area proposed to be annexed; and
(b) be accompanied by a map of the boundaries of the area proposed to be annexed.
(4) The legislative body of each county and municipality that adopts a resolution under
Subsection (1)(b) shall, within five days after adopting the resolution, mail or deliver a copy of the
resolution to the board of trustees of the proposed annexing local district.

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