time in lieu fee payment -- Passage of title. (1) For purposes of this section, "governmental entity" means: (a) the United States; (b) the state; (c) a political subdivision of the state, including: (i) a county; (ii) a city; (iii) a town; (iv) a school district; (v) a special district; or (vi) a special service district; or (d) an entity created by the state or the United States, including: (i) an agency; (ii) a board; (iii) a bureau; (iv) a commission; (v) a committee; (vi) a department; (vii) a division; (viii) an institution; (ix) an instrumentality; or (x) an office. (2) (a) Except as provided in Subsections (3) through (5), land acquired by a governmental entity is subject to the rollback tax imposed by this part if: (i) before the governmental entity acquires the land, the land is assessed under this part; and (ii) after the governmental entity acquires the land, the land does not meet the requirements of Section 59-2-503 for assessment under this part. (b) A person dedicating a public right-of-way to a governmental entity shall pay the rollback tax imposed by this part if: (i) a portion of the public right-of-way is located within a subdivision as defined in Section 10-20-102; or (ii) in exchange for the dedication, the person dedicating the public right-of-way receives: (A) money; or (B) other consideration. (3) (a) Except as provided in Subsections (4) and (5), land acquired by a governmental entity is not subject to the rollback tax imposed by this part, but is subject to a one-time in lieu fee payment as provided in Subsection (3)(b), if: (i) the governmental entity acquires the land by eminent domain; (ii) (A) the land is under the threat or imminence of eminent domain proceedings; and (B) the governmental entity provides written notice of the proceedings to the owner; or (iii) the land is donated to the governmental entity. (b) (i) If a governmental entity acquires land under Subsection (3)(a)(iii), the governmental entity shall make a one-time in lieu fee payment: (A) to the county treasurer of the county in which the land is located; and (B) in an amount equal to the amount of rollback tax calculated under Section 59-2-506. (ii) If a governmental entity acquires land under Subsection (3)(a)(i) or (3)(a)(ii), the governmental entity shall make a one-time in lieu fee payment: (A) to the county treasurer of the county in which the land is located; and (B) (I) if the land remaining after the acquisition by the governmental entity meets the requirements of Section 59-2-503, in an amount equal to the rollback tax under Section
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