DAR File No. 42275

This notice was published in the November 15, 2017, issue (Vol. 2017, No. 22) of the Utah State Bulletin.


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.: 42275
Filed: 10/30/2017 10:53:26 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 (Trust) to establish rules for the sale of land to subdivisions of the state. This particular 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administering lands which were previously sold under Section 65-1-29 and Subsection 65A-7-4(5), both of which have been repealed, when the provisions of the sale have been violated and the lands revert back to the Trust.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 by the agency since the previous five-year review.

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Under Section 65-1-29 and Subsection 65A-7-4(5), both of which have been repealed, trust lands were sold to subdivisions of the state under a determinable fee process whereby the subdivision could purchase lands at a specific price for a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 is necessary because it outlines the process whereby a breach of the sale terms is determined and the remedies available to the subdivision and the Trust to cure the breach. 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:

  • John Andrews at the above address, by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at jandrews@utah.gov

Effective:

10/30/2017

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/b20171115.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 John Andrews at the above address, by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at jandrews@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.