23A-6-202. Acquisition of real property held in private ownership -- Published notice and governor's approval required.
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Effective 5/6/2026
23A-6-202. Acquisition of real property held in private ownership -- Published notice and governor's approval required.
(1)The division may not acquire title to real property held in private ownership without first:
(a)publishing a notice of the proposed acquisition on:
(i)the division's public website; and
(ii)a public legal notice website in accordance with Section 45-1-101 ; and
(b)obtaining the approval of the governor.
(2)Subsection
(1)applies whether title to real property held in private ownership is acquired through a purchase, donation, or other means.
(3)In the case of a proposed purchase of private property, the division may publish notice after earnest money is paid.
(4)The published notice shall inform the public regarding:
(a)the proposed use of the real property;
(b)any conditions on the acquisition of the real property placed by donors, the federal government, sellers, or others specifying how the real property is to be used;
(c)any changes to existing land uses that are anticipated; and
(d)the public comment submission process for comments on the proposed acquisition.
(5)The governor shall:
(a)submit a notification of the proposed acquisition to:
(i)the county executive of the county in which the real property is located;
(ii)the legislators of the legislative districts in which the real property is located; and
(iii)the School and Institutional Trust Lands Administration; and
(b)invite those notified to submit comments on the proposed acquisition.
(6)After considering comments on the proposed acquisition, the governor may:
(a)approve the acquisition in whole or in part; or
(b)disapprove the acquisition.
Amended by Chapter 400 , 2026 General Session