2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 58 - Utah Inland Port Authority Act › Part 1 - General Provisions › Section 103 - Vested right of landowner.

Effective 3/24/2020
11-58-103.
Vested right of landowner.
(1) As used in this section:
(a) "Municipal inland port regulations" means a municipality's land use ordinances and regulations relating to the use of land within the authority jurisdictional land for an inland port use.
(b) "Vested development right" means a right:
(i) to use or develop land located within the authority jurisdictional land for an inland port use in accordance with municipal inland port regulations in effect on December 31, 2018; and
(ii) that may not be affected by later changes to municipal ordinances or regulations.
(c) "Vested right notice" means a notice that complies with the requirements of Subsection (3).
(2) An owner of land located within the boundary of the authority jurisdictional land may establish a vested development right on that land by causing a notice to be recorded in the office of the recorder of the county in which the land is located.
(3) A notice under Subsection (2) shall:
(a) state that the owner elects to establish a vested development right on the owner's land to use or develop the land for an inland port use in accordance with municipal inland port regulations in effect on December 31, 2018;
(b) state that the owner's election is made under Title 11, Chapter 58, Utah Inland Port Authority Act;
(c) describe the land in a way that complies with applicable requirements for the recording of an instrument affecting land;
(d) indicate the zoning district in which the land is located, including any overlay district;
(e) bear the signature of each owner of the land;
(f) be accompanied by the applicable recording fee; and
(g) include the following acknowledgment:
"I/we acknowledge that:
• the land identified in this notice is situated within the authority jurisdictional land of the Utah Inland Port Authority, established under Utah Code Title 11, Chapter 58, Utah Inland Port Authority Act, and is eligible for this election of a vested right;
• this vested right allows the land described in this notice to be used or developed in the manner allowed by applicable land use regulations in effect on December 31, 2018;
• all development activity must comply with those land use regulations;
• the right to use and develop the land described in this notice in accordance with those land use regulations continues for 40 years from the date this notice is recorded, unless a land use application is submitted to the applicable land use authority that proposes a use or development activity that is not allowed under the land use regulations in effect on December 31, 2018, or all record owners of the land record a rescission of the election of a vested development right for this land.".
(4)
(a) An owner of land against which a vested right notice is recorded has a vested development right with respect to that land for 40 years from the date the vested right notice is recorded, or, if earlier, until the vested development right is rescinded by the recording of a rescission of the election of the vested development right signed by all record owners of the land.
(b) A vested development right may not be affected by changes to municipal ordinances or regulations that occur after a vested right notice is recorded.
(5) Within 10 days after the recording of a vested right notice under this section, the owner of the land shall provide a copy of the vested right notice, with recording information, to the applicable local land use authority.
(6) A vested development right may not be affected by an action under Subsection 17-27a-508(1)(a)(ii)(A) or (B) or Subsection 10-9a-509(1)(a)(ii)(A) or (B).
Enacted by Chapter 126, 2020 General Session