17-61-404. Records to be transmitted -- Expenses for transcribing and transfer.

637 words·~3 min read·/ut/title-17/chapter-61/17-61-404

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)Whenever a new county is created under the provisions of this part, the county executive of the seceding county shall furnish to the respective officers of the new county, in a form suitable for creating permanent records, certified copies of all records or parts of records pertaining to or affecting the title of real or personal property in the new county.

(b)The certified copies described in Subsection (1)(a) shall be complete as of the effective creation date of the new county.

(c)The original records, books, maps, or plats, whether filed or recorded, or filed papers which exclusively relate to or affect the title to land in the new county or which affect personal property owned by residents of the new county, shall be transferred by the seceding county to the custody of the relevant county officer of the new county.

(d)For a record of any antecedent county that has been compiled or arranged in a manner that the record may be divided by segregating the instruments that relate to or affect exclusively the title to land in the new county or personal property owned by residents of the new county, the record shall be divided and the separate parts of the divided record shall be the property of the county to which the information within the record relates.

(2)The county clerk of a seceding county shall transfer to the new county:

(i)except as provided in Subsection (2)(a)(ii) , original records in the possession of the seceding county of all corporations whose principal place of business is situated in the new county; or

(ii)if the original record of a corporation is unavailable, or it is otherwise impractical to transfer an original record, a certified copy of the original record in the possession of the seceding county pertaining to any corporation whose principal place of business is situated in the new county along with all original documents, files, and papers relating to the corporation;

(i)except as provided in Subsection (2)(b)(ii) , certified copies of all recorded official bonds, if any, of county officers within the new county in force at the time the new county is created; or

(ii)if an official bond of a county officer is recorded in such manner that the original record may be transferred to the new county, the official bond;

(c)bonds of local officers within the new county which are required by law to be filed, if in the possession of the seceding county;

(d)official registers, books, papers, and files of every description relating to or affecting elections, both general and local, which shall have been held in any district, precinct, or other subdivision wholly within the new county that are in the possession of the seceding county;

(e)certified copies of the last election proceedings had in any districts which are partly in the new county and partly in the seceding county;

(f)records, maps, plats, files, and papers relating to or affecting the creation, regulation and operation of irrigation, drainage and mosquito abatement districts which are wholly within the new county and in the possession of the seceding county; and

(g)certified copies of records, maps, plats, files, and papers relating to and affecting the creation, regulation and operation of irrigation, drainage, and mosquito abatement districts which are partly in the new and partly in the seceding county.

(3)All expenses lawfully incurred by a seceding county for transcribing, copying, and transferring records provided for in this section shall be reimbursed from the general funds of the new county no later than 30 days from the day on which the record is transferred to the new county.

Amended by Chapter 105 , 2026 General Session