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S.B. 177
House Committee Amendments 2-27-2008 je/
Senate Committee Amendments 2-5-2008 rd/rhr
This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 5, 2008 at 9:40 AM by rday. --> This document includes House Committee Amendments incorporated into the bill on Wed, Feb 27, 2008 at 2:08 PM by jeyring. --> 1
This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 5, 2008 at 9:40 AM by rday. --> This document includes House Committee Amendments incorporated into the bill on Wed, Feb 27, 2008 at 2:08 PM by jeyring. --> 1
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8 LONG TITLE
9 General Description:
10 This bill modifies county and municipal land use, development, and management
11 provisions.
12 Highlighted Provisions:
13 This bill:
14 . extends from five years to H. [
14a1 county or
14a municipality
15 may own surplus real property acquired by exaction in order for the county or
16 municipality to be subject to a requirement that the county or municipality offer to
17 reconvey the property to the original owner.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 10-9a-508, as last amended by Laws of Utah 2007, Chapter 291
25 17-27a-507, as last amended by Laws of Utah 2007, Chapter 291
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27 Be it enacted by the Legislature of the state of Utah:
House Committee Amendments 2-27-2008 je/
Senate Committee Amendments 2-5-2008 rd/rhr
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Section 1.
Section
10-9a-508
is amended to read:28
29 10-9a-508. Exactions.
30 (1) A municipality may impose an exaction or exactions on development proposed in a
31 land use application if:
32 (a) an essential link exists between a legitimate governmental interest and each
33 exaction; and
34 (b) each exaction is roughly proportionate, both in nature and extent, to the impact of
35 the proposed development.
36 (2) (a) If a municipality plans to dispose of surplus real property that was acquired
37 under this section and has been owned by the municipality for less than [
37a1 15 .H years,
37a the
38 municipality shall first offer to reconvey the property, without receiving additional
39 consideration, to the person who granted the property to the municipality.
40 (b) A person to whom a municipality offers to reconvey property under Subsection
41 (2)(a) has 90 days to accept or reject the municipality's offer.
42 (c) If a person to whom a municipality offers to reconvey property declines the offer,
43 the municipality may offer the property for sale.
44 (d) Subsection (2)(a) does not apply to the disposal of property acquired by exaction by
45 a community development or urban renewal agency.
46 Section 2. Section 17-27a-507 is amended to read:
47 17-27a-507. Exactions.
48 (1) A county may impose an exaction or exactions on development proposed in a land
49 use application provided that:
50 (a) an essential link exists between a legitimate governmental interest and each
51 exaction; and
52 (b) each exaction is roughly proportionate, both in nature and extent, to the impact of
53 the proposed development.
54 (2) (a) If a county plans to dispose of surplus real property under Section 17-50-312
55 that was acquired under this section and has been owned by the county for less than [
55a1 H. [
55a 25 .S
56 years, the county shall first offer to reconvey the property, without receiving additional
57 consideration, to the person who granted the property to the county.
58 (b) A person to whom a county offers to reconvey property under Subsection (2)(a) has
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60 (c) If a person to whom a county offers to reconvey property declines the offer, the
61 county may offer the property for sale.
62 (d) Subsection (2)(a) does not apply to the disposal of property acquired by exaction by
63 a community development or urban renewal agency.
Legislative Review Note
as of 1-28-08 5:10 PM