reglab/statecodes huggingface dataset:
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 7 - Solar Access › Section 702 - Attorney fees.

Effective 5/9/2017
57-8a-702.
Attorney fees.
In an action to enforce this part, the court may award the prevailing party, in addition to any other available relief, an amount equal to the prevailing party's costs and reasonable attorney fees.
Enacted by Chapter 424, 2017 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 7 - Solar Access › Section 703 - Applicability.

Effective 5/9/2017
57-8a-703.
Applicability.
(1) Except as provided in Subsection (2), this part applies to a declaration or official association action regardless of when the declaration was recorded or the official association action was taken.
(2) This part does not apply to an express prohibition or an express restriction on a lot owner's installation of a solar energy system:
(a) described in a declaration recorded before January 1, 2017; or
(b) created by official association action taken before January 1, 2017.
(3) This part does not apply during the period of administrative control.
Enacted by Chapter 424, 2017 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 8 - Electric Vehicle Charging Systems › Section 801 - Definitions.

Effective 5/4/2022
57-8a-801.
Definitions.
As used in this part:
(1) "Charging system" means a device that is:
(a) used to provide electricity to an electric or hybrid electric vehicle; and
(b) designed to ensure a safe connection between the electric grid and the vehicle.
(2) "General electrical contractor" means the same as that term is defined in Section 58-55-102.
(3) "Residential electrical contractor" means the same as that term is defined in Section 58-55-102.
Enacted by Chapter 439, 2022 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 8a - Community Association Act › Part 8 - Electric Vehicle Charging Systems › Section 802 - Electric vehicle charging systems -- Restrictions -- Responsibilities.

Effective 5/3/2023
57-8a-802.
Electric vehicle charging systems -- Restrictions -- Responsibilities.
(1) Notwithstanding any provision in an association's governing documents to the contrary, an association may not prohibit a lot owner from installing or using a charging system in:
(a) a parking space:
(i) on the lot owner's lot; and
(ii) used for the parking or storage of a vehicle or equipment; or
(b) a limited common area parking space designated for the lot owner's exclusive use.
(2) An association may:
(a) require a lot owner to submit an application for approval of the installation of a charging system;
(b) require the lot owner to agree in writing to:
(i) hire a general electrical contractor or residential electrical contractor to install the charging system; or
(ii) if a charging system is installed in a common area, provide reimbursement to the association for the actual cost of the increase in the association's insurance premium attributable to the installation or use of the charging system;
(c) require a charging system to comply with:
(i) the association's reasonable design criteria governing the dimensions, placement, or external appearance of the charging system; or
(ii) applicable building codes;
(d) impose a reasonable charge to cover costs associated with the review and permitting of a charging system;
(e) impose a reasonable restriction on the installation and use of a charging system that does not significantly:
(i) increase the cost of the charging system; or
(ii) decrease the efficiency or performance of the charging system; or
(f) require a lot owner to pay the costs associated with installation, metering, and use of the charging system, including the cost of:
(i) electricity associated with the charging system; and
(ii) damage to a general common area, a limited common area, or an area subject to the exclusive use of another lot owner that results from the installation, use, maintenance, repair, removal, or replacement of the charging system.
(3) A lot owner who installs a charging system shall disclose to a prospective buyer of the lot:
(a) the existence of the charging system; and
(b) the lot owner's related responsibilities under this section.
(4) Unless the lot owner and the association or the declarant otherwise agree:
(a) a charging system installed under this section is the personal property of the lot owner of the lot with which the charging system is associated; and
(b) a lot owner who installs a charging system shall, before transferring ownership of the owner's lot, unless the prospective buyer of the lot accepts ownership and all rights and responsibilities that apply to the charging system under this section:
(i) remove the charging system; and
(ii) restore the premises to the condition before installation of the charging system.
Amended by Chapter 503, 2023 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 9 - Marketable Record Title › Section 1 - What constitutes marketable record title.

57-9-1.
What constitutes marketable record title.
Any person having the legal capacity to own land in this state, who has an unbroken chain of title of record to any interest in land for 40 years or more, shall be deemed to have a marketable record title to such interest as defined in Section 57-9-8, subject only to the matters stated in Section 57-9-2. A person shall be deemed to have such an unbroken chain of title when the official public records disclose a conveyance or other title transaction, of record not less than 40 years at the time the marketability is to be determined, which said conveyance or other title transaction purports to create such interest, either in
(1) the person claiming such interest or
(2) some other person from whom, by one or more conveyances or other title transactions of record, such purported interest has become vested in the person claiming such interest: with nothing appearing of record, in either case, purporting to divest such claimant of such purported interest.
Enacted by Chapter 109, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 9 - Marketable Record Title › Section 2 - Rights and interests to which marketable record title is subject.

57-9-2.
Rights and interests to which marketable record title is subject.
The marketable record title is subject to:
(1) all interests and defects which are inherent in the muniments of which such chain of record title is formed, except that a general reference in the muniments or any of them, to easements, use restrictions, or other interests created prior to the root of title is not sufficient to preserve them, unless specific identification is made therein of a recorded title transaction which creates the easement, use restriction, or other interest;
(2) all interests preserved by the filing of proper notice or by possession by the same owner continuously for a period of 40 years or more, in accordance with Section 57-9-4;
(3) the rights of any person arising from prescriptive use or a period of adverse possession or user, which was in whole or in part subsequent to the effective date of the root of title;
(4) any interest arising out of a title transaction which has been recorded subsequent to the effective date of the root of title from which the unbroken chain of title of record is started, except that the recording does not revive or give validity to any interest which has been extinguished prior to the time of the recording by the operation of Section 57-9-3; and
(5) the exceptions stated in Section 57-9-6 as to rights of reversioners in leases, as to apparent easements and interests in the nature of easements, as to the right, title, or interests of the state in school or institutional trust lands or sovereign lands, and as to interests of the United States.
Amended by Chapter 241, 1999 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 9 - Marketable Record Title › Section 3 - Marketable record title held free and clear of interests, claims, and charges.

57-9-3.
Marketable record title held free and clear of interests, claims, and charges.
Subject to Sections 57-9-2 and 57-9-6:
(1) the marketable record title shall be held by its owner and shall be taken by any person dealing with the land free and clear of all interests, claims, or charges, whatsoever, the existence of which depends upon any act, transaction, event, or omission that occurred prior to the effective date of the root of title; and
(2) all such interests, claims, or charges, however denominated, whether legal or equitable, present or future, whether the interests, claims, or charges are asserted by a person sui juris or under a disability, whether the person is within or without the state, whether the person is natural or corporate, or is private or governmental, are declared to be void.
Amended by Chapter 299, 1995 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 9 - Marketable Record Title › Section 4 - Filing of notice of claim of interest authorized -- Effect of possession of land by record owner of possessory interest.

57-9-4.
Filing of notice of claim of interest authorized -- Effect of possession of land by record owner of possessory interest.
(1) Any person claiming an interest in land may preserve and keep effective such interest by filing for record during the forty-year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in writing, duly verified by oath, setting forth the nature of the claim. No disability or lack of knowledge of any kind on the part of anyone shall suspend the running of the forty-year period. The notice may be filed for record by the claimant or by any other person acting in behalf of any claimant who is
(a) under a disability,
(b) unable to assert a claim on his own behalf, or
(c) one of a class, but whose identity cannot be established or is uncertain at the time of filing the notice of claim for record.
(2) If the same record owner of any possessory interest in land has been in possession of such land continuously for a period of 40 years or more, during which period no title transaction with respect to such interest appears of record in his chain of title, and no notice has been filed by him or on his behalf as provided in Subsection (1), and such possession continues to the time when marketability is being determined, such period of possession shall be deemed equivalent to the filing of the notice immediately preceding the termination of the forty-year period described in Subsection (1).
Enacted by Chapter 109, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 9 - Marketable Record Title › Section 5 - Notice of claim of interest -- Contents -- Filing for record.

57-9-5.
Notice of claim of interest -- Contents -- Filing for record.
In order to be effective and to be recorded, the notice required by Section 57-9-4 shall contain a legal description of all land affected by the notice. If the claim is founded upon a recorded instrument, then the description in the notice may be the same as that contained in the recorded instrument. The notice shall be recorded in the county or counties where the land described is situated.
Amended by Chapter 320, 2000 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 9 - Marketable Record Title › Section 6 - Applicability of provisions.

57-9-6.
Applicability of provisions.
This chapter may not be applied to:
(1) bar a lessor or the lessor's successor as a reversioner of the right to possession on the expiration of any lease;
(2) extinguish any right, title, or interest created or held for any pipeline, highway, railroad or public utility purpose;
(3) extinguish an easement or interest in the nature of an easement, the existence of which is clearly observable by physical evidence of its use;
(4) extinguish any water rights, whether evidenced by decrees, by certificates of appropriation, by diligence claims to the use of surface or underground water, or by water users' claims filed in general determination proceedings;
(5) extinguish any right, title, estate, or interest in and to minerals, and any development, mining, production or other rights or easements related to the minerals or exercisable in connection with the minerals;
(6) extinguish any right, title, or interest of the state or political subdivision of the state; or
(7) extinguish any right, title, or interest of the United States, by reason of failure to file the notice required under this chapter.
Amended by Chapter 423, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 9 - Marketable Record Title › Section 7 - Existing statutes of limitations and recording statutes not affected.

57-9-7.
Existing statutes of limitations and recording statutes not affected.
Nothing contained in this act shall be construed to extend the period for the bringing of an action or for the doing of any other required act under any statutes of limitations, nor, except as herein specifically provided, to affect the operation of any statutes governing the effect of the recording or the failure to record any instrument affecting land.
Enacted by Chapter 109, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 9 - Marketable Record Title › Section 8 - Definitions.

57-9-8.
Definitions.
As used in this act:
(1) The words "marketable record title" mean a title of record as indicated in Section 57-9-1, which operates to extinguish such interests and claims, existing prior to the effective date of the root of title, as are stated in Section 57-9-3.
(2) The word "records" includes probate and other official public records, as well as records in the registry of deeds.
(3) The word "recording," when applied to the official public records of a probate or other court, includes filing.
(4) The words "person dealing with land" include a purchaser of any estate or interest therein, a mortgagee, a levying or attaching creditor, a land contract vendee, or any other person seeking to acquire an estate or interest therein, or impose a lien thereon.
(5) The words "root of title" mean that conveyance or other title transaction in the chain of title of a person, purporting to create the interest claimed by such person, upon which he relies as a basis for the marketability of his title, and which was the most recent to be recorded as of a date 40 years prior to the time when marketability is being determined. The effective date of the "root of title" is the date on which it is recorded.
(6) The words "title transaction" mean any transaction affecting title to any interest in land, including title by will or descent, title by tax deed, or by trustee's, referee's, guardian's, executor's, administrator's, master in chancery's, or sheriff's deed, or decree of any court, as well as warranty deed, quitclaim deed, or mortgage.
Enacted by Chapter 109, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 9 - Marketable Record Title › Section 9 - Legislative purpose and construction.

57-9-9.
Legislative purpose and construction.
This act shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in Section 57-9-1 of this act, subject only to such limitations as appear in Section 57-9-2 of this act.
Enacted by Chapter 109, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 9 - Marketable Record Title › Section 10 - Extension of limitation period.

57-9-10.
Extension of limitation period.
If the forty-year period specified in this act shall have expired prior to two years after the effective date of this act, such period shall be extended two years after the effective date of this act.
Enacted by Chapter 109, 1963 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 10 - Utah Coordinate System › Section 1 - Plane coordinate systems designated -- Zones within the systems by county.

57-10-1.
Plane coordinate systems designated -- Zones within the systems by county.
(1) The systems of plane coordinates that have been established by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) or its successors for defining and stating the geographic positions or locations of points on the surface of the earth within the state of Utah are known and designated as the Utah Coordinate System of 1927 and the Utah Coordinate System of 1983.
(2) For the purpose of the use of these systems, the state is divided into three zones: North, Central, and South Zones.
(a) The area now included in the following counties constitutes the North Zone: Box Elder, Cache, Daggett, Davis, Morgan, Rich, Summit, and Weber.
(b) The area now included in the following counties constitutes the Central Zone: Carbon, Duchesne, Emery, Grand, Juab, Millard, Salt Lake, Sanpete, Sevier, Tooele, Uintah, Utah, and Wasatch.
(c) The area now included in the following counties constitutes the South Zone: Beaver, Garfield, Iron, Kane, Piute, San Juan, Washington, and Wayne.
Repealed and Re-enacted by Chapter 60, 1988 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 10 - Utah Coordinate System › Section 2 - Zones must be named in maps and documents.

57-10-2.
Zones must be named in maps and documents.
(1) As established for use in the North Zone, the Utah Coordinate System of 1927 or the Utah Coordinate System of 1983 shall be named and designated as the "Utah Coordinate System 1927 North Zone" or "Utah Coordinate System 1983 North Zone" in any land description or on any map or document in which it is used.
(2) As established for use in the Central Zone, the Utah Coordinate System of 1927 or the Utah Coordinate System of 1983 shall be named and designated as the "Utah Coordinate System 1927 Central Zone" or "Utah Coordinate System 1983 Central Zone" in any land description or on any map or document in which it is used.
(3) As established for use in the South Zone, the Utah Coordinate System of 1927 or the Utah Coordinate System of 1983 shall be named and designated as the "Utah Coordinate System 1927 South Zone" or "Utah Coordinate System 1983 South Zone" in any land description or on any map or document in which it is used.
Repealed and Re-enacted by Chapter 60, 1988 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 10 - Utah Coordinate System › Section 3 - North to South and East to West coordinate values.

57-10-3.
North to South and East to West coordinate values.
The plane coordinate values for a point on the earth's surface used to express the geographic position or location or point in the appropriate zone of this system shall consist of two distances expressed in U.S. survey feet and decimals of a foot when using the Utah Coordinate System of 1927 and expressed in meters and decimals of a meter when using the Utah Coordinate System of 1983.
(1) One of these distances, known as the "x-coordinate" or "E-coordinate," shall give the position in an east-west direction; the other, known as the "y-coordinate" or "N-coordinate," shall give the position in a north-south direction.
(2) These coordinates shall be made to depend upon and conform to plane rectangular coordinate values computed on the systems defined in this chapter for the monumented points of the North American Horizontal Geodetic Control Network, as published by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) or its successors.
(3) Any such station may be used for establishing a survey connection to either Utah coordinate system.
Repealed and Re-enacted by Chapter 60, 1988 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 10 - Utah Coordinate System › Section 4 - Legal effect of descriptions using coordinate values.

57-10-4.
Legal effect of descriptions using coordinate values.
(1) A description of the location of any survey station or land boundary corner in the state is complete, legal, and satisfactory if it is expressed by use of the system of plane coordinates defined in this chapter.
(2) For purposes of sale or title transfer, no real property may be described solely by reference to coordinate values from the Utah coordinate system or any other coordinate system.
(3) When coordinates based on the Utah coordinate system are used in the description of any tract of land, they are supplemental to the basic description relating to existing recognized monuments and land lines of record.
(4) The description by reference to the subdivision, line, or corner of the United States public land surveys prevails over the description by coordinates, if there is any conflict between the descriptions.
Repealed and Re-enacted by Chapter 60, 1988 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 10 - Utah Coordinate System › Section 5 - Descriptions of tracts extending over more than one zone.

57-10-5.
Descriptions of tracts extending over more than one zone.
(1) When any tract of land that is to be defined by a single land description extends from one into another of the coordinate zones, the positions of all points on its boundaries may be referred to by either of the two zones.
(2) The zone that is used shall be identified specifically in the land description.
Repealed and Re-enacted by Chapter 60, 1988 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 10 - Utah Coordinate System › Section 7 - Coordinates required to be based on control stations.

57-10-7.
Coordinates required to be based on control stations.
(1) Coordinates based on either the Utah Coordinate System of 1927 or the Utah Coordinate System of 1983 that purport to define the position of a point on a land boundary shall be based on a monumented horizontal control station established in conformity with the standards of accuracy and specifications for first or second order geodetic surveying, as prepared and published by the Federal Geodetic Control Committee (FGCC) of the United States Department of Commerce.
(a) Standards and specifications of the FGCC or its successor in force on the date of the survey shall apply.
(b) Publishing existing control stations, or the acceptance with intent to publish the newly established stations, by the National Ocean Service/National Geodetic Survey constitutes evidence of adherence to the FGCC specifications.
(2) Control stations which have been established by agencies of the state or its political subdivisions may also be used, provided those points are established in conformity with the standards set forth in Section 57-10-6.
Amended by Chapter 167, 1990 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 10 - Utah Coordinate System › Section 8 - Use of terms on maps and documents.

57-10-8.
Use of terms on maps and documents.
(1) Any document identifying or using a coordinate system shall, in accordance with Section 57-10-9, clearly and completely identify the system used.
(a) The use of the term "Utah Coordinate System of 1927 (North, Central, South) Zone" on any map, report of survey, or other document shall be used to reference the system, the coordinates, and the unit of measure as defined in Subsection 57-10-6(1).
(b) The use of the term "Utah Coordinate System of 1983 (HARN 1994, or the current federal coordinate update used as the basis of the system being used) (North, Central, South) Zone" shall be used to reference the system, the coordinates, and the unit of measure as defined in Subsection 57-10-6(2).
(2) Anyone using a coordinate system similar to the Utah coordinate system, such as one where a modified elevation datum is used, shall clearly include "modified" in the title of the coordinate system.
(3) Any survey or map based on any such modified coordinate system shall show the title of the coordinate system, including "modified" in the title and show the appropriate combined adjustment factor relating the system to the Utah coordinate system.
Amended by Chapter 62, 2001 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 10 - Utah Coordinate System › Section 11 - Requirement to conform to the Utah Coordinate System.

Effective 5/14/2019
57-10-11.
Requirement to conform to the Utah Coordinate System.
A person, corporation, municipality, county, or state agency that is utilizing an existing county coordinate system or establishing a new countywide coordinate network for surveying or mapping, or both, shall, by January 1, 2021, conform to the current Utah Coordinate System, along with the current federal coordinate update.
Amended by Chapter 35, 2019 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 11 - Utah Uniform Land Sales Practices Act › Section 2 - Definitions.

57-11-2.
Definitions.
As used in this chapter:
(1)
(a) "Disposition" includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit.
(b) "Disposition" does not include the sale or lease of land held by railroads for right of way if the land is within 400 feet of the center line of a railroad tract.
(2) "Division" means the Division of Real Estate created in Section 61-2-201.
(3) "Federal act" means the federal Interstate Land Sales Full Disclosure Act, 15 U.S.C. Sec. 1701, et seq., or any successor federal act.
(4)
(a) "Industrial park" means a subdivision or subdivided lands offered as a part of a common promotional plan of advertising and sale zoned for office, manufacturing, warehousing, commercial, industrial, distribution, or wholesale use and utilized for one or more of those purposes.
(b) "Industrial park" does not include land offered for sale that is designed or intended to be used for recreational, residential, including multiple family dwellings, or agricultural purposes.
(5) "Offer" includes an inducement, solicitation, or attempt to encourage a person to acquire an interest in land if undertaken for gain or profit.
(6) "Person" includes:
(a) a business trust;
(b) an estate;
(c) a trust;
(d) a partnership;
(e) an unincorporated association;
(f) two or more of any entity having a joint or common interest; or
(g) any other legal or commercial entity.
(7) "Purchaser" means a person who acquires or attempts to acquire or succeeds to an interest in land.
(8) "Residential building" means a structure intended for occupation as a residence which, at the time of an offer or disposition of the unit on which it is situated, or on which there is a legal obligation on the part of the seller to complete construction of it within two years from date of disposition, has, or if completed would have, ready access to water, gas, electricity, and roads.
(9) "Subdivider" means:
(a) an owner of an interest in subdivided lands who offers the subdivided lands for disposition; or
(b) a principal agent of an owner of an interest in subdivided lands if the owner is inactive.
(10)
(a) "Subdivision" and "subdivided lands" means land that is divided or is proposed to be divided for the purpose of disposition into 10 or more units including land, whether contiguous or not, if 10 or more units are offered as a part of a common promotional plan of advertising and sale.
(b) If a subdivision is offered by a developer or group of developers, and the land is contiguous or is known, designated, or advertised as a common tract or by a common name, that land is presumed, without regard to the number of units covered by each individual offering, to be part of a common promotional plan.
(11) "Unit" includes a lot, parcel, or other interest in land separately offered for disposition.
Amended by Chapter 379, 2010 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 11 - Utah Uniform Land Sales Practices Act › Section 3.5 - Procedures -- Adjudicative proceedings.

57-11-3.5.
Procedures -- Adjudicative proceedings.
The Division of Real Estate shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 11 - Utah Uniform Land Sales Practices Act › Section 8 - Examination by division on application for registration.

57-11-8.
Examination by division on application for registration.
Upon receipt of an application for registration in proper form, the division shall immediately initiate an examination to determine whether:
(1) the requirements of Sections 57-11-6 and 57-11-7 have been satisfied;
(2) the subdivider has not, or if a corporation or partnership, its officers, directors, general partners, or persons occupying a similar status or performing similar functions, or other principals as defined by the rules of the division have not been convicted of a crime involving land dispositions or any aspect of the land sales business in this state, the United States, or any other state or foreign country within the past 10 years and has not been subject to any injunction or administrative order entered within the past 10 years restraining a false or misleading promotional plan involving land dispositions; and
(3) the public offering statement requirements of this chapter have been satisfied.
Amended by Chapter 48, 1985 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 11 - Utah Uniform Land Sales Practices Act › Section 9 - Notice of filing of application for registration -- Division orders of registration or rejection.

57-11-9.
Notice of filing of application for registration -- Division orders of registration or rejection.
(1)
(a) Upon receipt of the application for registration in proper form, the division shall issue a notice of filing to the applicant within five business days of the date of receipt of application.
(b) Within 30 days from the date of the notice of filing, or, if no notice of filing is issued within the time required, within 35 days from the date of receipt of the application, the division shall register the subdivided lands or reject the registration.
(c) If the division has not entered the rejection within 30 days from the date of notice of filing, the land is considered registered unless the applicant has consented in writing to a delay.
(2)
(a) After inquiry and examination, if the division affirmatively determines that the requirements of Subsection 57-11-8(1) have been met, it shall register the subdivided lands and shall designate the form of the public offering statement.
(b) The division may provide that the public offering statement is not effective until evidence is obtained and made part of the public offering statement that demonstrates that all permits or approvals necessary for the subdivided lands to be put to the use for which they are offered have been granted.
(3)
(a) After inquiry and examination, if the division determines that any of the requirements of Subsection 57-11-8(1) have not been met, it shall notify the applicant that the application for registration, the promotional plan, or the plan of disposition must be corrected within 15 days or within the time allowed by the division.
(b) If the requirements are not met within the time allowed, the division shall enter an order rejecting the registration, giving the reasons for the rejection.
(c) Rejection of the registration is not effective for 20 days, during which time the applicant may request a hearing.
Amended by Chapter 161, 1987 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 11 - Utah Uniform Land Sales Practices Act › Section 10 - Renewal report -- Renewal fee -- Examination by division -- Annual reports.

Effective 5/12/2020
57-11-10.
Renewal report -- Renewal fee -- Examination by division -- Annual reports.
(1)
(a) Within 30 days after each annual anniversary date of the division's registration of subdivided lands, the subdivider shall file a renewal report in the form the division prescribes together with a renewal fee of $50.
(b) The report shall reflect all material changes to information contained in the original application for registration, including any change in ownership of the subdivider.
(c) The report shall also indicate the number of units in the subdivision that have been disposed of since the division registered the subdivided lands.
(2)
(a) The division may, upon the filing of a renewal report, initiate a renewal examination of the kind described in Section 57-11-8.
(b) If the division determines upon inquiry and examination that the subdivider fails to meet any of the requirements of Section 57-11-8, the division shall notify the subdivider that the subdivider must correct the report, the promotional plan, or the plan of disposition within 20 days, or any additional time allowed by the division, after the day on which the subdivider receives the notice.
(c) If the subdivider does not meet the requirements within the time allowed, the division may, notwithstanding the provisions of Section 57-11-13 and without further notice, issue a cease and desist order according to the emergency procedures of Title 63G, Chapter 4, Administrative Procedures Act, barring further sale of the subdivided lands.
(3) The division may permit the filing of annual reports within 30 days after the anniversary date of the consolidated registration in lieu of the anniversary date of the original registration.
Amended by Chapter 72, 2020 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 11 - Utah Uniform Land Sales Practices Act › Section 12 - Investigatory powers and proceedings of division.

57-11-12.
Investigatory powers and proceedings of division.
(1) The division may:
(a) make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this act or any rule or order hereunder or to aid in the enforcement of this act or in the prescribing of rules and forms hereunder;
(b) require or permit any person to file a complaint in the form required by the division as to all the facts and circumstances concerning the matter to be investigated.
(2) For the purpose of any investigation or proceeding under this act, the division or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of material evidence.
(3) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the division may apply to any district court for an order compelling compliance.
Amended by Chapter 86, 2000 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 11 - Utah Uniform Land Sales Practices Act › Section 13 - Enforcement powers of division -- Cease and desist orders.

57-11-13.
Enforcement powers of division -- Cease and desist orders.
(1)
(a) If the director has reason to believe that any person has been or is engaging in conduct violating this chapter, or has violated any lawful order or rule of the division, the director shall issue and serve upon the person a cease and desist order and may also order the person to take such affirmative actions the director determines will carry out the purposes of this chapter.
(b) The person served may request an adjudicative proceeding within 10 days after receiving the order.
(c) The cease and desist order remains in effect pending the hearing.
(d) The division shall follow the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, if the person served requests a hearing.
(2)
(a) After the hearing the director may issue an order making the cease and desist order permanent if the director finds there has been a violation of this chapter.
(b) If no hearing is requested and the person served does not obey the director's order, the director shall file suit in the name of the Department of Commerce and the Division of Real Estate to enjoin the person from violating this chapter. The action shall be filed in the district court in the county in which the conduct occurred or where the person resides or carries on business.
(3) The remedies and action provided in this section may not interfere with or prevent the prosecution of any other remedies or actions including criminal prosecutions.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 11 - Utah Uniform Land Sales Practices Act › Section 14 - Revocation, suspension, or denial of registration -- Grounds -- Suspension or revocation of license.

57-11-14.
Revocation, suspension, or denial of registration -- Grounds -- Suspension or revocation of license.
(1)
(a) If the division makes a written finding of fact that a subdivider engages in one or more acts described in Subsection (1)(b), the division may:
(i) deny an application for registration;
(ii) revoke, suspend, or deny reissuance of a registration; or
(iii) impose a civil penalty not to exceed the greater of:
(A) $2,500 for each violation; or
(B) the amount of any gain or economic benefit derived from each violation.
(b) Subsection (1)(a) applies if the division makes a written finding of fact that a subdivider:
(i) fails to comply with the terms of a cease and desist order;
(ii) is convicted in a court prior or subsequent to the filing of the application for registration of a crime involving:
(A) fraud;
(B) deception;
(C) false pretenses;
(D) misrepresentation;
(E) false advertising; or
(F) dishonest dealing in real estate transactions;
(iii) is subject to an injunction or administrative order restraining a false or misleading promotional plan involving land dispositions;
(iv) disposes of, conceals, or diverts funds or assets of any person so as to defeat the rights of subdivision purchasers;
(v) fails to perform faithfully a stipulation or agreement made with the division as an inducement to:
(A) grant a registration;
(B) reinstate a registration;
(C) revoke a cease and desist order; or
(D) approve any promotional plan or public offering statement;
(vi) makes an intentional misrepresentation, or conceals a material fact, in an application for registration;
(vii) violates this chapter or the rules adopted under this chapter;
(viii) directly or through an agent or employee knowingly engages in false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of an interest in subdivided lands;
(ix) engages in the offering of subdivided lands that has constituted or that may constitute a fraud upon purchasers or prospective purchasers of the subdivided lands; or
(x) engages in a dishonest practice in any industry involving sales to consumers.
(c) The division shall accompany with a finding of fact required by this Subsection (1) a concise and explicit statement of the underlying facts supporting the finding.
(2) As an alternative to revoking the registration of a subdivider, the director may issue a cease and desist order if after notice and a hearing the director finds that the subdivider is guilty of a violation for which revocation may be ordered.
(3)
(a) The division shall suspend or revoke the license of a principal broker, associate broker, or sales agent who violates this chapter for the period of time the director determines to be justified under the circumstances.
(b) A suspension or revocation under this section is in addition to any other penalty that may be imposed under this chapter, subject to Section 61-2f-404.
Amended by Chapter 379, 2010 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 11 - Utah Uniform Land Sales Practices Act › Section 15 - Judicial review.

57-11-15.
Judicial review.
(1) Any person aggrieved by any order of the division may obtain judicial review.
(2)
(a) Venue for judicial review of informal adjudicative proceedings is in the district court where the aggrieved person maintains his principal place of business, if situated within this state, or otherwise in the Third Judicial District.
(b) Judicial review of informal adjudicative proceedings shall be conducted by the court without a jury.
Amended by Chapter 161, 1987 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 11 - Utah Uniform Land Sales Practices Act › Section 16 - Violations -- Duties of attorney general, county attorney, or district attorney.

57-11-16.
Violations -- Duties of attorney general, county attorney, or district attorney.
(1)
(a) A person who violates this chapter is guilty of a class B misdemeanor, except as provided in Subsection (1)(b).
(b) A person who knowingly makes an untrue statement or knowingly omits a material fact in an application for registration under this chapter or under the federal act is guilty of a class A misdemeanor.
(2)
(a) The attorney general shall advise the division and the division's staff in matters requiring legal counsel or services in the exercise of the division's power or performance of the division's duties.
(b) In the prosecution or defense of an action under this section, the attorney general, the county attorney, or the district attorney of the appropriate county shall perform the necessary legal services without compensation other than their regular salaries.
Amended by Chapter 289, 2011 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 11 - Utah Uniform Land Sales Practices Act › Section 18 - Dispositions subject to chapter -- Jurisdiction of district courts.

57-11-18.
Dispositions subject to chapter -- Jurisdiction of district courts.
Dispositions of subdivided lands are subject to this act, and the district courts of this state have jurisdiction in claims or causes of action arising under this act, if:
(1) The subdivided lands offered for disposition are located in this state;
(2) The subdivider's principal office is located in this state; or
(3) Any offer or disposition of subdivided lands is made in this state, whether or not the offeror or offeree is then present in this state, if the offer originates within this state or is directed by the offeror to a person or place in this state and received by the person or at the place to which it is directed.
Enacted by Chapter 158, 1973 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 11 - Utah Uniform Land Sales Practices Act › Section 20 - Service of process.

57-11-20.
Service of process.
(1) In addition to the methods of service provided for in the Utah Rules of Civil Procedure, service may be made by delivering a copy of the process to the office of the division, but it is not effective unless the plaintiff, which may be the division in a proceeding instituted by it:
(a) forthwith sends a copy of the process and of the pleading by certified or registered mail to the defendant or respondent at his last known address; and
(b) the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.
(2) If any person, including any nonresident of this state, engages in conduct prohibited by this act or any rule or order hereunder, and has not filed a consent to service of process and personal jurisdiction over him cannot otherwise be obtained in this state, that conduct authorizes the division to receive service of process in any noncriminal proceeding against him or his successor which grows out of the conduct and which is brought under this act or any rule or order hereunder, with the same force and validity as if served on him personally. Notice shall be given as provided in Subsection (1).
Enacted by Chapter 158, 1973 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 12 - Utah Relocation Assistance Act › Section 2 - Declaration of policy.

57-12-2.
Declaration of policy.
(1) It is hereby declared to be the policy of this chapter and of the state, and the Legislature recognizes:
(a) that it is often necessary for the various agencies of state and local government to acquire land by condemnation;
(b) that persons, businesses, and farms are often uprooted and displaced by such action while being recompensed only for the value of land taken;
(c) that such displacement often works economic hardship on those least able to suffer the added and uncompensated costs of moving, locating new homes, business sites, farms, and other costs of being relocated;
(d) that such added expenses should reasonably be included as a part of the project cost and paid to those displaced;
(e) that the Congress of the United States has established matching grants for relocation assistance, and has also established uniform policies for land acquisition under the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq., to assist the states in meeting these expenses and assuring that land is fairly acquired; and
(f) that it is in the public interest for the state to provide for such payments and to establish such land acquisition policies.
(2) Therefore, the purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced by the acquisition of real property by state and local land acquisition programs, by building code enforcement activities, or by a program of voluntary rehabilitation of buildings or other improvements conducted pursuant to governmental supervision.
(3) All of the provisions of this chapter shall be liberally construed to put into effect the foregoing policies and purposes.
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 57 - Real Estate › Chapter 12 - Utah Relocation Assistance Act › Section 4 - Federal funds -- Direct assistance.

57-12-4.
Federal funds -- Direct assistance.
(1) When federal funds are available for payment of direct financial assistance to a person displaced by acquisition of real property by any agency, the displacing agency may use those federal funds with state or local funds to the extent provided by federal law and may provide direct financial assistance in the instances and on the conditions set forth by federal law and regulations.
(2)
(a) When federal funds are not available or used for payment of direct financial assistance to a person displaced by the acquisition of real property by an agency, the displacing agency may provide direct financial assistance to the person.
(b) Except as provided in Subsection (3), financial assistance authorized by this Subsection (2) may not exceed the total amount that would have been payable under Subsection (1) if federal funds had been available or used.
(3)
(a) The amount of direct financial assistance provided to a person displaced by acquisition of real property by any agency includes actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or business at a new site, in accordance with criteria established by the agency by rule, but not exceeding $50,000.
(b) The $50,000 limit on direct financial assistance established in Subsection (3)(a):
(i) applies despite any lower limit established by federal statute or regulation or agency rule; and
(ii) does not apply if a higher limit is established by federal statute or regulation.
(4)
(a) A displaced person eligible for payments under this chapter who is displaced from the person's place of business or farm may accept payment under this Subsection (4) in lieu of any payment under the displacing agency's rules if the person is eligible under the agency's criteria.
(b) A payment under this Subsection (4) is a fixed payment of at least $1,000 but not more than $75,000.
(c) A person whose sole business at the site from which the person is displaced is the rental of property to others does not qualify for payment under this Subsection (4).
(5) Assistance under this section may not be provided to a person who is ineligible to receive relocation assistance under a federal statute or regulation.
Amended by Chapter 261, 2008 General Session