Notice to owner of property -- Exclusion of property from proposed municipality.
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(1) As used in this section:
(a) "Assessed value" with respect to property means the value at which the property would be assessed without regard to a valuation for agricultural use under Section 59-2-503.
(b) "Owner" means a person having an interest in real property, including an affiliate, subsidiary, or parent company.
(c) "Specified landowner" means a record owner of real property:
(i) who owns more than:
(A) 1% of the assessed value of all property within the boundaries of a proposed incorporation; or
(B) 10% of the total private land area within the boundaries of a proposed incorporation; or
(ii) located in a mining protection area as defined in Section 17-41-101.
(2) Within seven calendar days after the day on which an individual files a request for a feasibility study under Section 10-2a-202, the lieutenant governor shall mail written notice of the proposed incorporation to each residence within, and each owner of real property located within:
(a) the proposed incorporation boundaries; and
(b) 300 feet of the proposed incorporation boundaries.
(3) A specified landowner may, within 30 calendar days after the day on which the specified landowner receives notice under Subsection (2), request that the lieutenant governor exclude all or part of the property owned by the specified landowner from the proposed incorporation by filing a notice of exclusion with the Office of the Lieutenant Governor that describes the property for which the specified landowner requests exclusion.
(4) The lieutenant governor shall exclude the property identified by a specified landowner under Subsection (3) from the proposed incorporation boundaries unless the lieutenant governor finds by clear and convincing evidence that:
(a) the exclusion will leave an unincorporated island within the proposed municipality; and
(b) the property receives from the county a majority of currently provided municipal services.
(5)
(a) Within five days after the day on which the lieutenant governor makes a determination on whether to include or exclude a property under Subsection (4), the lieutenant governor shall mail or transmit written notice of whether the property is included or excluded from the proposed incorporation boundaries to:
(i) the specified landowner that requested the property's exclusion; and
(ii) the contact sponsor.
(b) If the lieutenant governor makes a determination to include a property under Subsection (4), the lieutenant governor shall include, in the written notice described in Subsection (5)(a), a detailed explanation of the lieutenant governor's determination.