School and Institutional Trust Lands, Administration

Rule R850-83

Administration of Previous Sales to Subdivisions of the State

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37019
Filed: 10/31/2012 11:17:24 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsections 53C-1-302(1)(a)(ii) and 53C-4-101(1) authorize the Director of the School and Institutional Trust Lands Administration to establish rules for sales of land to subdivisions of the state. This rule addresses the process for administering lands which were previously sold under Section 65-1-29 and Subsection 65A-7-4(5), both of which have been repealed, when the provisions of the sale have been violated and the lands revert back to the trust.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received regarding this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Under Section 65-1-29 and Subsection 65A-7-4(5), which have both been repealed, trust lands were sold to subdivisions of the state under a determinable fee process whereby the subdivision could purchase land at a specific price for a specific purpose. If the use of the land changed for any reason, the land automatically reverted back to the trust. This rule outlines the process whereby a breach of the sale terms is determined and the remedies available to the subdivision and trust to cure said breach.Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• John Andrews at the above address, by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at [email protected]

Authorized by:

Kevin Carter, Director

Effective:

10/31/2012