(1) Subject to Subsection (5), a grantor may convey real property by deed to a public entity, and a public entity may accept real property conveyed by deed from a grantor, as described in this section. (2) Real property conveyed to a public entity shall be conveyed by: (a) if the conveyance is between two public entities, recording a deed conveying real property; (b) if there is no purchaser for a property offered at a tax sale, complying with the procedure described in Section 59-2-1351.3; and (c) if the grantor is not a public entity: (i) recording a deed conveying real property along with a public entity affidavit that complies with Subsection (4); or (ii) recording a deed that has been notarized and signed by: (A) the grantor of the property; and (B) an authorized representative of the public entity. (3) A conveyance of real property by deed that is recorded in a county recorder's office after May 6, 2026, is voidable by the public entity intended to receive the real property until the earlier of the day on which: (a) a public entity affidavit approving the transfer is recorded; or (b) the deed conveying the real property is signed by an authorized employee or officer of the public entity. (4) A public entity affidavit shall be in substantially the following form: "PUBLIC ENTITY AFFIDAVIT I, ___________(insert name), being of legal age and authorized by _____________ (name of public entity), hereafter "public entity," being first duly sworn, depose and state as follows: The public entity consents to the conveyance of real property by deed from ___________ (name of grantor(s)). By signing this Public Entity Affidavit, the public entity accepts the ownership of the real property described in the attached legal description. The public entity does not guarantee or provide an opinion as to the proper form or validity of any conveyance document related to the real property described in the attached legal description. This Public Entity Affidavit is intended to evidence that the public entity consents to ___________ (name of grantor(s)) conveying the real property described in the attached legal description to the public entity." (5) As used in this section, "public entity" does not include the Department of Transportation.
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