Definitions -- Property owner provisions.

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  • (1) As used in this part:
    • (a) "Affected entity" means:
      • (i) a county of the first or second class in whose unincorporated area the area proposed for annexation is located;
      • (ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development;
      • (iii) a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;
      • (iv) a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
      • (v) a municipality whose boundaries are within 1/2 mile of an area proposed for annexation.
    • (b) "Annexation petition" means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality.
    • (c) "Commission" means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located.
    • (d) "Expansion area" means the unincorporated area that is identified in an annexation policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in the future.
    • (e) "Feasibility consultant" means a person or firm with expertise in the processes and economics of local government.
    • (f) "Mining protection area" means the same as that term is defined in Section 17-41-101.
    • (g) "Municipal selection committee" means a committee in each county composed of the mayor of each municipality within that county.
    • (h) "Planning advisory area" means the same as that term is defined in Section 17-27a-306.
    • (i) "Private," with respect to real property, means not owned by the United States or any agency of the federal government, the state, a county, a municipality, a school district, a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a special service district under Title 17D, Chapter 1, Special Service District Act, or any other political subdivision or governmental entity of the state.
    • (j) "Rural real property" means the same as that term is defined in Section 17B-2a-1107.
    • (k) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
    • (l) "Unincorporated peninsula" means an unincorporated area:
      • (i) that is part of a larger unincorporated area;
      • (ii) that extends from the rest of the unincorporated area of which it is a part;
      • (iii) that is surrounded by land that is within a municipality, except where the area connects to and extends from the rest of the unincorporated area of which it is a part; and
      • (iv) whose width, at any point where a straight line may be drawn from a place where it borders a municipality to another place where it borders a municipality, is no more than 25% of the boundary of the area where it borders a municipality.
    • (m) "Urban development" means:
      • (i) a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or
      • (ii) a commercial or industrial development for which cost projections exceed $750,000 for all phases.
  • (2) For purposes of this part:
    • (a) the owner of real property shall be:
      • (i) except as provided in Subsection (2)(a)(ii), the record title owner according to the records of the county recorder on the date of the filing of the petition or protest; or
      • (ii) the lessee of military land, as defined in Section 63H-1-102, if the area proposed for annexation includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act; and
    • (b) the value of private real property shall be determined according to the last assessment roll for county taxes before the filing of the petition or protest.
  • (3) For purposes of each provision of this part that requires the owners of private real property covering a percentage or majority of the total private land area within an area to sign a petition or protest:
    • (a) a parcel of real property may not be included in the calculation of the required percentage or majority unless the petition or protest is signed by:
      • (i) except as provided in Subsection (3)(a)(ii), owners representing a majority ownership interest in that parcel; or
      • (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel;
    • (b) the signature of a person signing a petition or protest in a representative capacity on behalf of an owner is invalid unless:
      • (i) the person's representative capacity and the name of the owner the person represents are indicated on the petition or protest with the person's signature; and
      • (ii) the person provides documentation accompanying the petition or protest that substantiates the person's representative capacity; and
    • (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a petition or protest on behalf of a deceased owner.




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