Title 72 - Transportation Code - Chapter 5 - Rights-Of-Way Act - Part 4 - Transportation Corridor Preservation - Section 407 - Voluntary purchase of property for corridor preservation -- Notice requirements.


Published: 2020-05-12

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Utah Code

Page 1

Effective 5/12/2020 72-5-407 Voluntary purchase of property for corridor preservation -- Notice requirements. (1) As used in this section:

(a) "Greenbelt property" means land assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.

(b) "Rollback tax" means the tax imposed under Section 59-2-506. (2) Before purchasing greenbelt property for corridor preservation on a voluntary basis, the

department, county, or municipality shall: (a) provide written notice to the property owner that notifies the property owner that:

(i) because the property owner has agreed to sell the greenbelt property to a governmental entity on a voluntary basis, the property owner:

(A) is required to pay the rollback tax in accordance with Subsection 59-2-511(2)(b); and (B) is not eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation

Assistance Act; and (ii) if the property owner does not sell the greenbelt property to the governmental entity on

a voluntary basis and a governmental entity later acquires the greenbelt property under eminent domain or under the threat or imminence of eminent domain proceedings, the property owner:

(A) would not be required to pay the rollback tax in accordance with Subsection 59-2-511(3); and

(B) may be eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and

(b) obtain a signed statement from the property owner acknowledging that the property owner received the written notice described in Subsection (2)(a).

(3) Before purchasing any other real property not described in Subsection (2) for corridor preservation on a voluntary basis, the department, county, or municipality shall:

(a) provide written notice to the property owner that notifies the property owner that: (i) because the property owner has agreed to sell the real property to a governmental entity on

a voluntary basis, the property owner is not eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and

(ii) if the property owner does not sell the real property to the governmental entity on a voluntary basis and a governmental entity later acquires the real property under eminent domain or under the threat or imminence of eminent domain proceedings, the property owner may be eligible to receive relocation assistance under Title 57, Chapter 12, Utah Relocation Assistance Act; and

(b) obtain a signed statement from the property owner acknowledging that the property owner received the written notice described in Subsection (3)(a).

(4) The department shall create and publish the form of: (a) the notices described in Subsections (2)(a) and (3)(a); and (b) the statements described in Subsections (2)(b) and (3)(b).

Enacted by Chapter 69, 2020 General Session