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8 LONG TITLE
9 General Description:
10 This bill authorizes a municipality or county to reimburse an eligible property owner for
11 certain costs if the owner transfers an eligible property's title to a single-family fee
12 simple ownership.
13 Highlighted Provisions:
14 This bill:
15 ▸ enacts Title 11, Chapter 53, Residential Property Reimbursement;
16 ▸ defines terms;
17 ▸ authorizes a municipality or county to establish a reimbursement fund;
18 ▸ authorizes a municipality or county to reimburse an eligible property owner for
19 certain costs if the owner transfers an eligible property's title to a single-family fee
20 simple ownership;
21 ▸ requires a municipality or county to adopt certain qualifications and limitations on a
22 reimbursement; and
23 ▸ provides a repeal date.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 ENACTS:
30 11-53-101, Utah Code Annotated 1953
31 11-53-102, Utah Code Annotated 1953
32 11-53-201, Utah Code Annotated 1953
33 11-53-202, Utah Code Annotated 1953
34 11-53-203, Utah Code Annotated 1953
35 63I-2-211, Utah Code Annotated 1953
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37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 11-53-101 is enacted to read:
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41 11-53-101. Title.
42 This chapter is known as "Residential Property Reimbursement."
43 Section 2. Section 11-53-102 is enacted to read:
44 11-53-102. Definitions.
45 As used in this chapter:
46 (1) "Eligible property" means a residential property with a recorded title as a two-party,
47 multifamily condominium.
48 (2) "Eligible property owner" means an owner:
49 (a) of an eligible property; and
50 (b) that intends to subdivide the property and transfer title to a single-family fee simple
51 ownership.
52 (3) "Reimbursement fund" means a fund established in accordance with Section
53 11-53-201.
54 Section 3. Section 11-53-201 is enacted to read:
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56 11-53-201. Establishment of reimbursement fund authorized.
57 (1) (a) In a county of the first class, a municipality or the county may provide funds to
58 reimburse an eligible property owner for all or a portion of the costs the eligible property owner
59 incurs if the owner transfers an eligible property title to a single-family fee simple ownership.
60 (b) The costs described in Subsection (1)(a) that a municipality or county may
61 reimburse in accordance with this chapter are limited to costs incurred by the eligible property
62 owner for the following:
63 (i) survey services;
64 (ii) platting fees; or
65 (iii) subdivision application fees.
66 (2) The municipality or county shall establish a reimbursement fund to account for the
67 funds described in Subsection (1).
68 Section 4. Section 11-53-202 is enacted to read:
69 11-53-202. Reimbursement to eligible property owner.
70 (1) An eligible property owner may apply for reimbursement from the municipality or
71 county in which the eligible property is located for all or a portion of the owner's costs, as
72 described in Section 11-53-201, to transfer the eligible property title to a single-family fee
73 simple ownership.
74 (2) The municipality or county may not reimburse the eligible property owner unless
75 each owner of a property located within the condominium complex whose title would be
76 affected if the eligible property's title is transferred agrees to and participates in the transfer.
77 (3) The county or municipality may limit reimbursement to eligible properties in a
78 specific development or properties that are identified in a list of residential properties.
79 Section 5. Section 11-53-203 is enacted to read:
80 11-53-203. Qualifications for reimbursement.
81 (1) Subject to Subsections (2) and (3), a municipality or county shall establish by
82 ordinance, or, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, in the
83 provisions of an interlocal cooperation agreement, specific standards, limitations, and
84 qualifications for reimbursement to an eligible property owner.
85 (2) A standard or qualification may not authorize a property owner other than an
86 eligible property owner to qualify for a reimbursement.
87 (3) In addition to other standards, the municipality or county shall adopt by ordinance
88 provisions, or, if applicable, parties to an interlocal agreement shall adopt agreement
89 provisions, governing the following:
90 (a) the amount of the financial contribution from each party to an interlocal agreement,
91 if applicable;
92 (b) the management of the reimbursement fund;
93 (c) the qualification of an eligible property owner in addition to qualifications
94 described in this chapter;
95 (d) the procedures and standards regarding the disbursement of funds;
96 (e) the costs listed in Section 11-53-201 that will be reimbursed;
97 (f) a maximum amount of reimbursement for each of those costs; and
98 (g) the method of repayment by the property owner of the reimbursement under
99 circumstances as set forth in ordinance or agreement provisions.
100 Section 6. Section 63I-2-211 is enacted to read:
101 63I-2-211. Repeal dates -- Title 11.
102 Title 11, Chapter 53, Residential Property Reimbursement, is repealed on January 1,
103 2020.