2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 9 - Disposal of Division-owned Property › Section 904 - Division authority with respect to vacant division-owned property -- Limitations.

Effective 5/4/2022
63A-5b-904.
Division authority with respect to vacant division-owned property -- Limitations.
(1) Subject to Section 63A-5b-909, the division may:
(a) provide for a primary state agency's occupancy or use of vacant division-owned property, if the director determines that the primary state agency's occupancy or use is in the best interests of the state;
(b) effect a transfer of ownership or lease of vacant division-owned property, as provided in this section; or
(c) refer vacant division-owned property to the Department of Transportation for sale by auction, as provided in Section 63A-5b-908.
(2)
(a) The division may effect a transfer of ownership or lease of vacant division-owned property to an applicant for fair market value if the director determines that the transfer of ownership or lease to that applicant is in the state's best interest.
(b) In determining the state's best interest under Subsection (2)(a), the director may consider:
(i) the price and financial terms of all qualified proposals; and
(ii) the relative benefits to the state of the proposed uses of the vacant division-owned property as stated in the qualified proposals.
(3) The division may effect a transfer of ownership or lease of vacant division-owned property without receiving fair market value in return if:
(a) the director determines that the transfer of ownership or lease is in the best interests of the state;
(b) for a proposed transfer of ownership or lease to a local government entity, public purpose nonprofit entity, or private party, the director determines that the local government entity, public purpose nonprofit entity, or private party intends to use the property to fulfill a public purpose;
(c) the director requests and receives a recommendation on the proposed transfer of ownership or lease from the Legislative Executive Appropriations Committee;
(d) the director communicates the Executive Appropriations Committee's recommendation to the executive director; and
(e) the executive director approves the transfer of ownership or lease.
(4)
(a) If the division effects a transfer of ownership of vacant division-owned property without receiving fair market value in return, the division shall require the documents memorializing the transfer of ownership to preserve to the division:
(i) in the case of a transfer of ownership of vacant division-owned property to a secondary state agency, local government entity, or public purpose nonprofit entity for no or nominal consideration, a right of reversion, providing for the ownership of the property to revert to the division if the property ceases to be used for the public benefit; or
(ii) in the case of any other transfer of ownership of vacant division-owned property, a right of first refusal allowing the division to purchase the property from the transferee for the same price that the transferee paid to the division if the transferee wishes to transfer ownership of the former vacant division-owned property.
(b) Subsection (4)(a) does not apply to the sale of vacant division-owned property at an auction under Section 63A-5b-908.
Amended by Chapter 421, 2022 General Session