Utah Code § 63L-13-201 — Utah Code / Title 63L / Chapter 63L-13 / § 63L-13-201
§ 63L-13-201. Acquisition of land prohibited -- Exceptions -- Enforcement.
Status: in_force

(1) As used in this section, "department" means the Department of Public Safety created under Section 53-1-103. (2) Subject to Subsection (3) and Section 63L-13-202, a restricted foreign entity may not acquire an interest in land in this state. (3) A restricted foreign entity that, in violation of Subsection (2), obtains an interest in land shall alienate the interest in accordance with Section 63L-13-202. (4) The department shall: (a) maintain a publicly available list of restricted foreign entities; (b) create a process by which a county recorder may report a land conveyance the county recorder suspects is prohibited under this section; (c) provide an annual notice to each county recorder in the state that includes: (i) instruction on how to identify a restricted foreign entity; (ii) the process by which a county recorder may report to the department a land conveyance the county recorder suspects is prohibited under this section; and (iii) any additional information the department deems necessary; and (d) investigate the validity of each land conveyance a county recorder reports under this section. (5) Unless the department determines that sending a letter in accordance with this Subsection (5) would interfere with the department's duties described in this section, after receiving a report from a county recorder in accordance with Subsection (4), the department shall send a letter to each party involved in the land conveyance described in the report that states that: (a) the department has reasonable suspicion that one or more of the parties to the land conveyance is a restricted foreign entity; (b) the department's reasonable suspicion described in Subsection (5)(a) is a presumption that each entity about which the department has reasonable suspicion is a restricted foreign entity has the burden to overcome; (c) each entity the department suspects is a restricted foreign entity has 30 days after the day on which the restricted foreign entity receives the letter to provide evidence to the department that will overcome the presumption described in Subsection (5)(b); (d) if, after the time period described in Subsection (5)(c), the entity fails to provide evidence to the department or the department determines that the evidence the entity provides does not overcome the presumption, the department will proceed with the requirements of Subsection (6); and (e) if the entity fails to respond to the department within the time period described in Subsection (5)(c), the entity will be subject to the penalty described in Subsection (8). (6) If an entity about which the department has reasonable suspicion that the entity is a restricted foreign entity does not provide evidence that the department determines sufficient to overcome the presumption that the entity is a restricted foreign entity within the time period described in Subsection (5)(c), the department shall: (a) give notice to the restricted foreign entity that: (i) the land conveyance violates this section; and (ii) Section 63L-13-202 requires the restricted foreign entity to alienate the restricted foreign entity's interest in the land within one year or the Division of Facilities Construction and Management will sell the interest in accordance with Subsection 63L-13-202(3); (b) notify the county recorder of the county in which the land is located of the land conveyance; and (c) coordinate with the attorney general and the Division of Facilities Construction and Management to facilitate a sale of the interest in land as described in Section 63L-13-202. (7) A county recorder: (a) is not liable for a conveyance to a restricted foreign entity; (b) shall, upon notice from the department under Subsection (6)(b), create a public record of each violation of this section; (c) shall make available a form on which an individual purchasing an interest in land may disclose that the individual served in the military of a restricted foreign entity; and (d) shall send a form on which an individual makes a disclosure as described in Subsection (7)(c) to the department. (8) (a) Subject to Subsection (8)(b), the department may impose on an entity that fails to respond to a letter the department sends in accordance with Subsection (5) a fine of $500 for each day after the day on which the 30 day time period ends that the entity does not respond. (b) The department may not impose the fine described in Subsection (8)(a) on or after the day on which the interest in land is sold in accordance with Subsection (6)(c).