DAR File No. 41291

This notice was published in the March 1, 2017, issue (Vol. 2017, No. 5) of the Utah State Bulletin.


School and Institutional Trust Lands, Administration

Rule R850-41

Rights of Entry

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41291
Filed: 02/07/2017 08:33:15 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 make rules for the sale, exchange, lease, or other disposition or conveyance of trust lands, including procedures for determining fair-market value of those lands. The right for persons to enter upon trust lands to conduct non-disturbing, short-term activities is a profitable use of the lands and is one of the activities covered by the "other disposition conveyance" authorized by statute.

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 by the agency concerning this rule.

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

Without the authorization to issue rights of entry on trust lands, the respective trust beneficiaries would forego the opportunity to receive revenues which have been substantial over the years. This rule provides the mechanism for non-disturbing activities to be conducted on trust lands that will benefit the respective trust beneficiaries while allowing others the opportunity to conduct business on those trust lands throughout the state. Therefore, this rule should be continued.

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

School and Institutional Trust Lands
AdministrationRoom 500
675 E 500 S
SALT LAKE CITY, UT 84102-2818

Direct questions regarding this rule to:

  • Kim Christy at the above address, by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov

Effective:

02/07/2017

Authorized by:

David Ure, Director


Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2017/b20170301.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Kim Christy at the above address, by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.