reglab/housing_qa huggingface dataset:
UT Code § 24-3-104 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 3 - Disposal of Property|Section 104 - Petition to return property.

 Effective 5/5/2021  24-3-104. Petition to return property.    (1)   (a) A claimant may file a petition with the court for the return of the property that is being retained as evidence.     (b) The claimant may file the petition in:   (i) the court in which criminal proceedings have commenced regarding the offense for which the property is being retained as evidence; or     (ii) the district court with venue under Section 24-1-103 if there are no pending criminal proceedings.       (c) A claimant shall serve a copy of the petition on the prosecuting attorney and the agency with custody of the property.       (2)   (a) The court shall provide an opportunity for an expedited hearing.     (b) After the opportunity for an expedited hearing, the court may order that the property is:   (i) returned to the rightful owner as determined by the court;     (ii) if the offense subjecting the property to seizure results in a conviction, applied directly or by proceeds of the sale of the property toward restitution, fines, or fees owed by the rightful owner in an amount set by the court;     (iii) converted to a public interest use;     (iv) held for further legal action;     (v) sold at public auction and the proceeds of the sale applied to a public interest use; or     (vi) destroyed.         (3) Before the court can order property be returned to a claimant, the claimant shall establish, by clear and convincing evidence, that the claimant:   (a) is the rightful owner; and     (b) may lawfully possess the property.       (4) If the court orders the property to be returned to the claimant, the agency with custody of the property shall return the property to the claimant as expeditiously as possible.    Amended by Chapter 230, 2021 General Session
UT Code § 24-4-101 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 101 - Title.

 Effective 5/5/2021  24-4-101. Title.  This chapter is known as "Forfeiture of Seized Property." Amended by Chapter 230, 2021 General Session
UT Code § 24-4-102 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 102 - Property subject to forfeiture.

 Effective 5/5/2021  24-4-102. Property subject to forfeiture.    (1) Except as provided in Subsection (2), (3), or (4), an agency may seek to forfeit:   (a) seized property that was used to facilitate the commission of an offense that is a violation of federal or state law; and     (b) seized proceeds.       (2) If seized property is used to facilitate an offense that is a violation of Section 76-10-1204, 76-10-1205, 76-10-1206, or 76-10-1222, an agency may not forfeit the property if the forfeiture would constitute a prior restraint on the exercise of an affected party's rights under the First Amendment to the Constitution of the United States or Utah Constitution, Article I, Section 15, or would otherwise unlawfully interfere with the exercise of the party's rights under the First Amendment to the Constitution of the United States or Utah Constitution, Article I, Section 15.     (3) If a motor vehicle is used in an offense that is a violation of Section 41-6a-502, 41-6a-517, a local ordinance that complies with the requirements of Subsection 41-6a-510(1), Subsection 58-37-8(2)(g), or Section 76-5-207, an agency may not seek forfeiture of the motor vehicle, unless:   (a) the operator of the vehicle has previously been convicted of an offense committed after May 12, 2009, that is:   (i) a felony driving under the influence violation under Section 41-6a-502;     (ii) a felony violation under Subsection 58-37-8(2)(g); or     (iii) automobile homicide under Section 76-5-207; or       (b) the operator of the vehicle was driving on a denied, suspended, revoked, or disqualified license and:   (i) the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii) was imposed because of a violation under:   (A) Section 41-6a-502;     (B) Section 41-6a-517;     (C) a local ordinance that complies with the requirements of Subsection 41-6a-510(1);     (D) Section 41-6a-520;     (E) Subsection 58-37-8(2)(g);     (F) Section 76-5-207; or     (G) a criminal prohibition as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances described in Subsections (3)(b)(i)(A) through (F); or       (ii) the denial, suspension, revocation, or disqualification described in Subsections (3)(b)(i)(A) through (G):   (A) is an extension imposed under Subsection 53-3-220(2) of a denial, suspension, revocation, or disqualification; and     (B) the original denial, suspension, revocation, or disqualification was imposed because of a violation described in Subsections (3)(b)(i)(A) through (G).           (4) If a peace officer seizes property incident to an arrest solely for possession of a controlled substance under Subsection 58-37-8(2)(a)(i) but not Subsection 53-37-8(2)(b)(i), an agency may not seek to forfeit the property that was seized in accordance with the arrest.    Amended by Chapter 230, 2021 General Session
UT Code § 24-4-103 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 103 - Initiating forfeiture proceedings -- Notice of intent to seek forfeiture.

 Effective 5/5/2021  24-4-103. Initiating forfeiture proceedings -- Notice of intent to seek forfeiture.    (1)   (a) If an agency seeks to forfeit property seized under this title, the agency shall serve a notice of intent to seek forfeiture to any known claimant within 30 days after the day on which the property is seized.     (b) The notice of intent to seek forfeiture shall describe:   (i) the date of the seizure;     (ii) the property seized;     (iii) the claimant's rights and obligations under this chapter, including the availability of hardship relief in appropriate circumstances; and     (iv) the statutory basis for the forfeiture, including the judicial proceedings by which the property may be forfeited under this chapter.       (c) The agency shall serve the notice of intent to seek forfeiture by:   (i) certified mail, with a return receipt requested, to the claimant's known address; or     (ii) personal service.       (d) A court may void a forfeiture made without notice under Subsection (1)(a), unless the agency demonstrates:   (i) good cause for the failure to give notice to the claimant; or     (ii) that the claimant had actual notice of the seizure.         (2) If an agency sends a notice of intent to forfeit seized property under Subsection 24-4-103(1), an individual or entity may not alienate, convey, sequester, or attach the property until a court:   (a) issues a final order to dismiss an action under this title; or     (b) orders the forfeiture of the property.       (3)   (a)   (i) If an agency has served each claimant with a notice of intent to seek forfeiture, the agency shall present a written request for forfeiture to the prosecuting attorney of the municipality or county where the property is seized.     (ii) The agency shall provide the request under Subsection (3)(a)(i) no later than 45 days after the day on which the property is seized.       (b) The written request described in Subsection (3)(a) shall:   (i) describe the property that the agency is seeking to forfeit; and     (ii) include a copy of all reports, supporting documents, and other evidence that is necessary for the prosecuting attorney to determine the legal sufficiency for filing a forfeiture action.       (c) The prosecuting attorney shall:   (i) review the written request described in Subsection (3)(a)(i); and     (ii) within 75 days after the day on which the property is seized, decline or accept, in writing, the agency's written request for the prosecuting attorney to initiate a proceeding to forfeit the property.        Amended by Chapter 230, 2021 General Session
UT Code § 24-4-103.3 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 103.3 - Sale of seized property.

 Effective 5/5/2021  24-4-103.3. Sale of seized property.    (1)   (a) Subject to Subsection (2), the court may order seized property, for which a forfeiture proceeding is pending, to:   (i) be sold, leased, rented, or operated to satisfy a specified interest of any claimant; or     (ii) preserve the interests of any party on motion of that party.       (b) The court may enter an order under Subsection (1)(a) after:   (i) written notice to any person known to have an interest in the property has been given; and     (ii) an opportunity for a hearing for any person known to have an interest in the property has occurred.         (2)   (a) A court may order a sale of property under Subsection (1) when:   (i) the property is liable to perish, waste, or be significantly reduced in value; or     (ii) the expenses of maintaining the property are disproportionate to the property's value.       (b) A third party designated by the court shall:   (i) dispose of the property by a commercially reasonable public sale; and     (ii) distribute the proceeds in the following order of priority:   (A) first, for the payment of reasonable expenses incurred in connection with the sale;     (B) second, for the satisfaction of an interest, including an interest of an interest holder, in the order of an interest holder's priority as determined by Title 70A, Uniform Commercial Code; and     (C) third, any balance of the proceeds shall be preserved in the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this chapter.          Enacted by Chapter 230, 2021 General Session
UT Code § 24-4-103.5 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 103.5 - Mandatory return of seized property.

 Effective 5/5/2021  24-4-103.5. Mandatory return of seized property.    (1) An agency shall promptly return property seized under this title, and the prosecuting attorney may take no further action to forfeit the property, unless within 75 days after the day on which the property is seized:   (a) the prosecuting attorney:   (i) files a criminal indictment or information under Subsection 24-4-105(3);     (ii) files a petition to transfer the property to another agency in accordance with Section 24-2-105;     (iii) files a civil forfeiture complaint under Section 24-4-104; or       (b) the prosecuting attorney or a federal prosecutor obtains a restraining order under Subsection 24-4-105(4).       (2)   (a) The prosecuting attorney may file a petition to extend the deadline under Subsection (1) by 21 days.     (b) If a prosecuting attorney files a petition under Subsection (2)(a), and the prosecuting attorney provides good cause for extending the deadline, a court shall grant the petition.     (c) The prosecuting attorney may not file more than one petition under this Subsection (2).       (3) If a prosecuting attorney is unable to file a civil forfeiture complaint under Subsection (1)(a)(iii) because a claimant has filed a claim under Section 24-2-108 and the claimant has an extension to provide additional information on the claim under Subsection 24-2-108(1)(d), the deadline under Subsection (1) may be extended by 15 days.    Enacted by Chapter 230, 2021 General Session
UT Code § 24-4-106 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 106 - Trial by jury.

24-4-106. Trial by jury.  The right to trial by jury applies to forfeiture proceedings under this chapter.  Enacted by Chapter 394, 2013 General Session
UT Code § 24-4-109 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 109 - Postjudgment interest.

 Effective 5/5/2021  24-4-109. Postjudgment interest.  In a proceeding to forfeit currency or other negotiable instruments under this chapter, the court shall award postjudgment interest to a prevailing party on the currency or negotiable instruments at the interest rate established under Section 15-1-4. Amended by Chapter 230, 2021 General Session
UT Code § 24-4-110 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 110 - Attorney fees and costs.

 Effective 5/5/2021  24-4-110. Attorney fees and costs.    (1) In a forfeiture proceeding under this chapter, a court shall award reasonable legal costs and attorney fees to a prevailing claimant.     (2) If a court awards legal costs and attorney fees to a prevailing claimant under Subsection (1), the award may not exceed 50% of the value of the seized property.     (3) A claimant who prevails only in part is entitled to recover reasonable legal costs and attorney fees only on an issue on which the party prevailed.    Amended by Chapter 230, 2021 General Session
UT Code § 24-4-111 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 111 - Compensation for damaged property.

 Effective 5/5/2021  24-4-111. Compensation for damaged property.    (1) As used in this section, "damage or other injury" does not mean normal depreciation, deterioration, or ordinary wear and tear of the property.     (2) If seized property is returned under this chapter, a claimant has a civil right of action against an agency for a claim based upon the negligent destruction, loss, or damage or other injury to seized property while in the possession or custody of the agency.    Amended by Chapter 230, 2021 General Session
UT Code § 24-4-112 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 112 - Limitation on fees for holding seized property.

 Effective 5/5/2021  24-4-112. Limitation on fees for holding seized property.  In any civil or criminal proceeding under this chapter in which a judgment is entered in favor of a claimant, or where a forfeiture proceeding against a claimant is voluntarily dismissed by the prosecuting attorney, an agency may not charge a claimant any fee or cost for holding seized property. Amended by Chapter 230, 2021 General Session
UT Code § 24-4-113 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 113 - Proportionality.

 Effective 5/5/2021  24-4-113. Proportionality.    (1)   (a) A claimant's interest in property that is used to facilitate an offense may not be forfeited under any provision of state law if the forfeiture is substantially disproportionate to the use of the property in committing or facilitating an offense that is a violation of state law and the value of the property.     (b) If property is used solely in a manner that is merely incidental and not instrumental to the commission or facilitation of an offense, a forfeiture of the property is not proportional.       (2)   (a) In determining proportionality, the court shall consider:   (i) the offense subjecting the property to forfeiture under Subsection 24-4-102(1);     (ii) what portion of the forfeiture, if any, is remedial in nature;     (iii) the gravity of the conduct for which the claimant is responsible in light of the offense; and     (iv) the value of the property.       (b) If the court finds that the forfeiture is substantially disproportional to an offense for which the claimant is responsible, the court shall reduce or eliminate the forfeiture as the court finds appropriate.       (3) A prosecuting attorney has the burden of demonstrating that a forfeiture is proportional to the offense subjecting the property to forfeiture under Subsection 24-4-102(1).     (4) In all cases, the court shall decide questions of proportionality.     (5) A forfeiture of any proceeds used to facilitate the commission of an offense that is a violation of federal or state law is proportional.    Amended by Chapter 230, 2021 General Session
UT Code § 24-4-115 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 115 - Disposition and allocation of forfeiture property.

 Effective 5/5/2021  24-4-115. Disposition and allocation of forfeiture property.    (1) If a court finds that property is forfeited under this chapter, the court shall order the property forfeited to the agency.     (2)   (a) If the property is not currency, the agency shall authorize a public or otherwise commercially reasonable sale of that property if the property is not required by law to be destroyed and is not harmful to the public.     (b) If the property forfeited is an alcoholic product as defined in Section 32B-1-102, the property shall be disposed of as follows:   (i) an alcoholic product shall be sold if the alcoholic product is:   (A) unadulterated, pure, and free from any crude, unrectified, or impure form of ethylic alcohol, or any other deleterious substance or liquid; and     (B) otherwise in saleable condition; or       (ii) an alcoholic product and the alcoholic product's package shall be destroyed if the alcoholic product is impure, adulterated, or otherwise unfit for sale.       (c) If the property forfeited is a cigarette or other tobacco product as defined in Section 59-14-102, the property shall be destroyed, except that the lawful holder of the trademark rights in the cigarette or tobacco product brand is permitted to inspect the cigarette before the destruction of the cigarette or tobacco product.     (d) The proceeds of the sale of forfeited property shall remain segregated from other property, equipment, or assets of the agency until transferred in accordance with this chapter.       (3) Before transferring currency and the proceeds or revenue from the sale of the property in accordance with this chapter, the agency shall:   (a) deduct the agency's direct costs, expense of reporting under Section 24-4-118, and expense of obtaining and maintaining the property pending a forfeiture proceeding; and     (b) if the prosecuting agency that employed the prosecuting attorney has met the requirements of Subsection 24-4-119(3), pay the prosecuting attorney the legal costs associated with the litigation of the forfeiture proceeding, and up to 20% of the value of the forfeited property in attorney fees.       (4) If the forfeiture arises from a violation relating to wildlife resources, the agency shall deposit any remaining currency and the proceeds or revenue from the sale of the property into the Wildlife Resources Account created in Section 23-14-13.     (5) The agency shall transfer any remaining currency, the proceeds, or revenue from the sale of the property to the commission and deposited into the account.    Amended by Chapter 230, 2021 General Session
UT Code § 24-4-116 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 116 - Criminal Forfeiture Restricted Account.

 Effective 5/5/2021  24-4-116. Criminal Forfeiture Restricted Account.    (1) There is created within the General Fund a restricted account known as the "Criminal Forfeiture Restricted Account."     (2) Except as provided in Section 24-4-115, the commission shall deposit any proceeds from forfeited property and forfeited money through a forfeiture proceeding under this chapter into the account.     (3) Money in the account shall be appropriated to the commission for implementing the program under Section 24-4-117.    Amended by Chapter 230, 2021 General Session
UT Code § 24-4-119 (2021)
2021 Utah Code|Title 24 - Forfeiture and Disposition of Property Act|Chapter 4 - Forfeiture of Seized Property|Section 119 - Training requirements.

 Effective 5/5/2021  24-4-119. Training requirements.    (1) As used in this section:   (a) "Council" means the Utah Prosecution Council created in Section 67-5a-1.     (b) "Division" means the Peace Officers Standards and Training Division created in Section 53-6-103.       (2) To participate in the program, an agency shall have at least one employee who is certified by the division as an asset forfeiture specialist through the completion of an online asset forfeiture course by the division.     (3) The division shall:   (a) develop an online asset forfeiture specialist course that is available to an agency for certification purposes;     (b) certify an employee of an agency who meets the course requirements to be an asset forfeiture specialist;     (c) recertify, every 36 months, an employee who is designated as an asset forfeiture specialist by an agency;     (d) submit annually a report to the commission no later than April 30 that contains a list of the names of the employees and agencies participating in the certification courses;     (e) review and update the asset forfeiture specialist course each year to comply with state and federal law; and     (f) provide asset forfeiture training to all peace officers in basic training programs.       (4) To be reimbursed for costs under Subsection 24-4-115(3)(b), a prosecuting agency shall have at least one employee who is certified by the council as an asset forfeiture specialist through the completion of an online asset forfeiture course.     (5) The council shall:   (a) develop an online asset forfeiture specialist course that is available to a prosecuting agency for certification purposes;     (b) certify an employee of a prosecuting agency who meets the course requirements to be an asset forfeiture specialist;     (c) submit annually a report to the commission no later than April 30 that contains a list of the names of the employees and prosecuting agencies participating in certification courses by the council; and     (d) review and update the asset forfeiture specialist course each year to comply with state and federal law.      Enacted by Chapter 230, 2021 General Session
UT Code § 25-5-1 (2021)
2021 Utah Code|Title 25 - Fraud|Chapter 5 - Statute of Frauds|Section 1 - Estate or interest in real property.

25-5-1. Estate or interest in real property.  No estate or interest in real property, other than leases for a term not exceeding one year, nor any trust or power over or concerning real property or in any manner relating thereto, shall be created, granted, assigned, surrendered or declared otherwise than by act or operation of law, or by deed or conveyance in writing subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized by writing.  No Change Since 1953
UT Code § 25-5-2 (2021)
2021 Utah Code|Title 25 - Fraud|Chapter 5 - Statute of Frauds|Section 2 - Wills and implied trusts excepted.

25-5-2. Wills and implied trusts excepted.  Section 25-5-1 may not be construed to affect the power of a testator in the disposition of the testator's real estate by last will and testament; nor to prevent any trust from arising or being extinguished by implication or operation of law.  Amended by Chapter 297, 2011 General Session
UT Code § 25-5-3 (2021)
2021 Utah Code|Title 25 - Fraud|Chapter 5 - Statute of Frauds|Section 3 - Leases and contracts for interest in lands.

25-5-3. Leases and contracts for interest in lands.  Every contract for the leasing for a longer period than one year, or for the sale, of any lands, or any interest in lands, shall be void unless the contract, or some note or memorandum thereof, is in writing subscribed by the party by whom the lease or sale is to be made, or by his lawful agent thereunto authorized in writing.  No Change Since 1953
UT Code § 25-5-5 (2021)
2021 Utah Code|Title 25 - Fraud|Chapter 5 - Statute of Frauds|Section 5 - Representation as to credit of third person.

25-5-5. Representation as to credit of third person.  To charge a person upon a representation as to the credit of a third person, such representation, or some memorandum thereof, must be in writing subscribed by the party to be charged therewith.  No Change Since 1953