2006 Utah Code - 10-2-401 — Definitions -- Property owner provisions.

     10-2-401.   Definitions -- Property owner provisions.
     (1) As used in this part:
     (a) "Affected entity" means:
     (i) a county in whose unincorporated area the area proposed for annexation is located;
     (ii) an independent special district under Title 17A, Chapter 2, Independent Special Districts, whose boundaries include any part of an area proposed for annexation;
     (iii) a school district whose boundaries include any part of an area proposed for annexation; and
     (iv) a municipality whose boundaries are within 1/2 mile of an area proposed for annexation.
     (b) "Annexation petition" means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality.
     (c) "Commission" means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located.
     (d) "Expansion area" means the unincorporated area that is identified in an annexation policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in the future.
     (e) "Feasibility consultant" means a person or firm with expertise in the processes and economics of local government.
     (f) "Municipal selection committee" means a committee in each county composed of the mayor of each municipality within that county.
     (g) "Private," with respect to real property, means not owned by the United States or any agency of the federal government, the state, a county, a municipality, a school district, a special district under Title 17A, Special Districts, or any other political subdivision or governmental entity of the state.
     (h) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
     (i) "Urban development" means:
     (i) a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or
     (ii) a commercial or industrial development for which cost projections exceed $750,000 for all phases.
     (2) For purposes of this part:
     (a) the owner of real property shall be the record title owner according to the records of the county recorder on the date of the filing of the petition or protest; and
     (b) the value of private real property shall be determined according to the last assessment roll for county taxes before the filing of the petition or protest.
     (3) For purposes of each provision of this part that requires the owners of private real property covering a percentage or majority of the total private land area within an area to sign a petition or protest:
     (a) a parcel of real property may not be included in the calculation of the required percentage or majority unless the petition or protest is signed by:
     (i) except as provided in Subsection (3)(a)(ii), owners representing a majority ownership interest in that parcel; or
     (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of

owners of that parcel;
     (b) the signature of a person signing a petition or protest in a representative capacity on behalf of an owner is invalid unless:
     (i) the person's representative capacity and the name of the owner the person represents are indicated on the petition or protest with the person's signature; and
     (ii) the person provides documentation accompanying the petition or protest that substantiates the person's representative capacity; and
     (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a petition or protest on behalf of a deceased owner.

Amended by Chapter 206, 2001 General Session