17-78-103. Acquisition, management, and disposal of property.

661 words·~3 min read·/ut/title-17/chapter-78/17-78-103

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

Effective 5/6/2026

(1)A county may purchase, receive, hold, sell, lease, convey, or otherwise acquire and dispose of any real or personal property or any interest in real or personal property if the action:

(a)is in the public interest; and

(b)complies with:

(i)this section; and

(ii)other law, including, as applicable, Title 11, Chapter 1, Part 2, Disposal of Public Property.

(2)Any property interest acquired by the county shall be held in the name of the county unless specifically otherwise provided by law.

(a)Except as provided in Subsection (3)(c) , before a county may acquire real property that is located within the geographic boundaries of another county by exchange, purchase, or lease, the acquiring county shall obtain the express permission of the county where the real property is located.

(b)Express permission, as described in Subsection (3)(a) , requires, at minimum:

(i)formal action of the legislative body; or

(ii)an executed memorandum of understanding or other contractual agreement between the county that is acquiring real property and the county where the real property is located.

(c)Subsection (3)(a) does not apply to a county's acquisition of a joint interest in real property that is located within the geographic boundaries of another county as part of a joint project, including public buildings, public infrastructure, or public initiatives, between two or more counties or other political subdivisions through an agreement governed by Title 11, Chapter 13, Interlocal Cooperation Act.

(4)The county legislative body shall provide by ordinance, resolution, rule, or regulation for the manner in which property shall be acquired, managed, and disposed of.

(a)Before a county may dispose of a significant parcel of real property, the county shall:

(i)provide reasonable notice of the proposed disposition at least 14 days before the opportunity for public comment under Subsection (5)(a)(ii) ; and

(ii)allow an opportunity for public comment on the proposed disposition.

(b)Each county shall, by ordinance, define what constitutes:

(i)a significant parcel of real property for purposes of Subsection (5)(a) ; and

(ii)reasonable notice for purposes of Subsection (5)(a)(i) .

(a)A county may dispose of a significant parcel of real property in exchange for less than the present fair market value of the significant parcel of real property if the adjusted present value of the significant parcel of real property is equal to or greater than the present fair market value of the significant parcel of real property.

(b)Subsection (6)(a) does not affect a county's authority to dispose of a significant parcel of real property in a manner different from Subsection ( 6)(a ) and in accordance with applicable law.

(7)Before a county agrees to dispose of a significant parcel of real property, the county may require the potential purchaser or lessee to provide evidence that:

(a)the potential purchaser's or lessee's offer is bona fide;

(b)the potential purchaser or lessee has the ability to pay the disposition price; or

(c)any future benefits to the county from the disposal of the significant parcel of real property are reasonably anticipated.

(8)If a county receives an unsolicited offer to purchase or lease a significant parcel of real property:

(a)the county is not required to consider the offer; and

(b)a person may not consider the offer in determining the present fair market value of the significant parcel of real property, unless considering the offer is warranted under generally accepted standards of professional appraisal practice.

(9)A county may presume that the present fair market value of a significant parcel of real property is equal to the average of two appraised values each of which is based upon fair market value and calculated by a unique, independent appraiser who is licensed or certified in accordance with Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act .

Amended by Chapter 210 , 2026 General Session