Utah Admin. Code R657-61-3 - Acquisition of Real Property

(1) The division may acquire real property for authorized activities of the division, including:

(a) to protect and enhance wildlife populations;

(b) to provide the public the opportunity to hunt, trap, or fish; and

(c) to conserve, protect, and enhance wildlife habitat.

(2) When acquiring real property, the division shall determine the fair market value in the form of an appraisal and an appraisal review assignment to verify the real property's value.

(a) The appraisal and appraisal review assignment shall be completed by a state-certified general appraiser, and complaint with the Uniform Standards of Professional Appraisal Practice (USPAP).

(b) The division may obtain an appraisal and appraisal review assignment compliant with the Uniform Appraisal Standards for Federal Land Acquisitions, commonly known as Yellow Book, if the division is utilizing federal funds for the acquisition.

(3) Subsection (2) does not apply to the acquisition of real property if:

(a) the value of the real property is less than $100,000, per Subsection 79-2-403(3)(b), as estimated by the division;

(b) the asking price for the real property is considerably below fair market value, as estimated by the division;

(c) the asking price for the real property is reasonable based upon a value estimated by the division and the division may lose the opportunity to acquire the real property if time is taken to conduct an appraisal and appraisal review assignment;

(d) an appraisal has been conducted on the real property within the past 12 months;

(e) the real property is a gift, contribution, or donation to the division; or

(f) the real property is a right-of-way, easement, lease, or other less-than-fee title acquisition, excluding the acquisition of a conservation easement.

(4) If any exceptions listed in Subsection (3) are used, the division shall create and keep a memo-to-file describing:

(a) an explanation of which exceptions are being utilized for the acquisition and why;

(b) the division's estimation of value; and

(c) the decision made by the division.

(5) When acquiring real property, the division may not compensate more than the fair market value for the real property.

(6) When acquiring title to real property held in private ownership, the division shall comply with Sections 23A-6-202 and 23A-6-203.

Notes

Utah Admin. Code R657-61-3

Adopted by Utah State Bulletin Number 2024-24, effective 12/2/2024