63A-5b-901. Definitions.

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

Effective 5/6/2026

As used in this part:

(1)"Applicant" means a person who submits a timely, qualified proposal to the division.

(2)"Condemnee" means the same as that term is defined in Section 78B-6-520.3 .

(3)"Division-owned property" means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property.

(4)"Local government entity" means a county, city, town, special district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state.

(5)"Primary state agency" means a state agency for which the division holds title to real property that the state agency occupies or uses, as provided in Subsection 63A-5b-303(1)(a)(iv) .

(6)"Private party" means a person who is not a state agency, local government entity, or public purpose nonprofit entity.

(7)"Public purpose nonprofit entity" means a corporation, association, organization, or entity that:

(a)is located within the state;

(b)is not a state agency or local government entity;

(c)is exempt from federal income taxation under Section 501(c)(3) or (19), Internal Revenue Code; and

(d)operates to fulfill a public purpose.

(8)"Qualified proposal" means a written proposal that:

(a)meets the criteria established by the division by rule under Section 63A-5b-903 ;

(b)if submitted by a local government entity or public purpose nonprofit entity, explains the public purpose for which the local government entity or public purpose nonprofit entity seeks a transfer of ownership or lease of the vacant division-owned property; and

(c)the director determines will, if accepted and implemented, provide a material benefit to the state.

(9)"Secondary state agency" means a state agency:

(a)that is authorized to hold title to real property that the state agency occupies or uses, as provided in Section 63A-5b-304 ; and

(b)for which the division does not hold title to real property that the state agency occupies or uses.

(10)"State agency" means a department, division, office, entity, agency, or other unit of state government.

(11)"Transfer of ownership" includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property.

(12)"Vacant division-owned property" means division-owned property that:

(a)a primary state agency is not occupying or using; and

(b)the director has determined should be made available for:

(i)use or occupancy by a primary state agency; or

(ii)a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party.

(13)"Written proposal" means a brief statement in writing that explains:

(a)the proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property; and

(b)how the state will benefit from the proposed use or occupancy, transfer of ownership, or lease.

Amended by Chapter 283 , 2026 General Session