1     
DISPOSAL OF COUNTY PROPERTY AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Merrill F. Nelson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the disposal of county property.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     addresses the amount for which a county may dispose of a significant parcel of real
14     property;
15          ▸     states that a county may require a potential purchaser or lessee to provide certain
16     information;
17          ▸     addresses a county's treatment of an unsolicited offer to purchase or lease a
18     significant parcel of real property; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          17-50-312, as last amended by Laws of Utah 2007, Chapter 291
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 17-50-312 is amended to read:
30          17-50-312. Acquisition, management, and disposal of property.
31          (1) As used in this section:
32          (a) "Adjusted present value" means:
33          (i) the disposition price; plus
34          (ii) the anticipated future value.
35          (b) (i) "Anticipated future value" means the total value of all reasonably anticipated
36     future benefits to a county from the disposal of a significant parcel of real property, including:
37          (A) increased tax revenues; and
38          (B) job creation or maintenance.
39          (ii) "Anticipated future value" does not include the present fair market value of the
40     significant parcel of real property.
41          (c) "Dispose" means to sell or lease.
42          (d) "Disposition price" means the price a potential purchaser or lessee offers to pay in
43     exchange for the sale or lease of a significant parcel of real property.
44          [(1)] (2) Subject to Subsection [(4)] (5), a county may purchase, receive, hold, sell,
45     lease, convey, or otherwise acquire and dispose of any real or personal property or any interest
46     in such property if the action is in the public interest and complies with other law.
47          [(2)] (3) Any property interest acquired by the county shall be held in the name of the
48     county unless specifically otherwise provided by law.
49          [(3)] (4) The county legislative body shall provide by ordinance, resolution, rule, or
50     regulation for the manner in which property shall be acquired, managed, and disposed of.
51          [(4)] (5) (a) Before a county may dispose of a significant parcel of real property, the
52     county shall:
53          (i) provide reasonable notice of the proposed disposition at least 14 days before the
54     opportunity for public comment under Subsection [(4)] (5)(a)(ii); and
55          (ii) allow an opportunity for public comment on the proposed disposition.
56          (b) Each county shall, by ordinance, define what constitutes:
57          (i) a significant parcel of real property for purposes of Subsection [(4)] (5)(a); and
58          (ii) reasonable notice for purposes of Subsection [(4)] (5)(a)(i).
59          (6) A county may dispose of a significant parcel of real property in exchange for less
60     than the present fair market value of the significant parcel of real property if the adjusted
61     present value of the significant parcel of real property is equal to or greater than the present fair
62     market value of the significant parcel of real property.
63          (7) Before a county agrees to dispose of a significant parcel of real property, the county
64     may require the potential purchaser or lessee to provide evidence that:
65          (a) the potential purchaser's or lessee's offer is bona fide;
66          (b) the potential purchaser or lessee has the ability to pay the disposition price; or
67          (c) any future benefits to the county from the disposal of the significant parcel of real
68     property are reasonably anticipated.
69          (8) If a county receives an unsolicited offer to purchase or lease a significant parcel of
70     real property:
71          (a) the county is not required to consider the offer; and
72          (b) a person may not consider the offer in determining the present fair market value of
73     the significant parcel of real property, unless considering the offer is warranted under generally
74     accepted standards of professional appraisal practice.
75          (9) A county may presume that the present fair market value of a significant parcel of
76     real property is equal to the average of two appraised values each of which is based upon fair
77     market value and calculated by a unique, independent appraiser who is licensed or certified in
78     accordance with Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act.




Legislative Review Note
Office of Legislative Research and General Counsel