Acquisition of real property held in private ownership -- Published notice and governor's approval required.

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  • (1) The Division of Wildlife Resources may not acquire title to real property held in private ownership without first:
    • (a) publishing a notice of the proposed acquisition:
      • (i) in a newspaper of general circulation in the county in which the property is located; and
      • (ii) as required in Section 45-1-101; and
    • (b) obtaining the approval of the governor.
  • (2) The requirements of Subsection (1) apply whether title to real property held in private ownership is acquired through a purchase, donation, or other means.
  • (3) In the case of a proposed purchase of private property, the notice may be published after earnest money is paid.
  • (4) The published notice shall inform the public regarding:
    • (a) the proposed use of the land;
    • (b) any conditions on the acquisition of the land placed by donors, the federal government, sellers, or others specifying how the land must be used;
    • (c) any changes to existing land uses that are anticipated; and
    • (d) the public comment submission process for comments on the proposed acquisition.
  • (5) The governor shall:
    • (a) submit a notification of the proposed acquisition to:
      • (i) the county executive of the county in which the property is located;
      • (ii) the legislators of the legislative districts in which the lands are located; and
      • (iii) the School and Institutional Trust Lands Administration; and
    • (b) invite those notified to submit any comments on the proposed acquisition.
  • (6) After considering comments on the proposed acquisition, the governor may approve the acquisition in whole or in part or disapprove the acquisition.




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