This text of Utah § 17D-1-104 (Property owner provisions -- Determination of registered voters.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)For purposes of this chapter:
(1)(a) the owner of real property is:
(1)(a)(i) except as provided in Subsection (1)(a)(ii), the fee title owner according to the records of the county recorder on the date of the filing of the petition or protest; or
(1)(a)(ii) for a proposed annexation or addition of a new service under Part 4, Annexing a New Area and Adding a New Service, the lessee of military land, as defined in Section 63H-1-102, if the area proposed to be annexed or within which a new service is proposed to be added includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act; and
(1)(b) the value of private real property is
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(1) For purposes of this chapter:
(1)(a) the owner of real property is:
(1)(a)(i) except as provided in Subsection (1)(a)(ii), the fee title owner according to the records of the county recorder on the date of the filing of the petition or protest; or
(1)(a)(ii) for a proposed annexation or addition of a new service under Part 4, Annexing a New Area and Adding a New Service, the lessee of military land, as defined in Section 63H-1-102, if the area proposed to be annexed or within which a new service is proposed to be added includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act; and
(1)(b) the value of private real property is determined according to the last assessment before the filing of the petition or protest, as determined by:
(1)(b)(i) (1)(b)(i)(A) the county under Title 59, Chapter 2, Part 3, County Assessment, for property subject to assessment by the county; or
(1)(b)(i)(B) the State Tax Commission under Title 59, Chapter 2, Part 2, Assessment of Property, for property subject to assessment by the State Tax Commission; and
(1)(b)(ii) the county, for all other property.
(2) For purposes of each provision of this chapter that requires the owners of private real property covering a percentage of the total private land area within the applicable area to sign a petition or protest:
(2)(a) a parcel of real property may not be included in the calculation of the required percentage unless the petition or protest is signed by:
(2)(a)(i) except as provided in Subsection (2)(a)(ii), owners representing a majority ownership interest in that parcel; or
(2)(a)(ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel;
(2)(b) the signature of a person signing a petition or protest in a representative capacity on behalf of an owner is invalid unless:
(2)(b)(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
(2)(b)(ii) the person provides documentation accompanying the petition or protest that reasonably substantiates the person's representative capacity; and
(2)(c) subject to Subsection (2)(b), a duly appointed personal representative may sign a petition or protest on behalf of a deceased owner.
(3) For purposes of this chapter, registered voters shall be determined according to the official register.