Utah Admin. Code R657-61-4 - Disposal of Real Property
(1) The
division may dispose of real property when the property no longer serves as
wildlife habitat or for wildlife-related recreational opportunities, or when it
is in the best interest of the division to do so. This Section does not apply
to real property disposals of less-than-fee title interest such as easements
and leases, which are subject to requirements under Rule R657-28.
(2) If the real property is still serving as
wildlife habitat or for wildlife-related recreational opportunities, but a
disposal cannot be avoided, mitigation may be required in addition to
compensation for fair market value. The division may require compensation for
impacts of the disposal, based upon the following factors:
(a) number of acres impacted;
(b) species impacted;
(c) impacts to wildlife and wildlife
habitat;
(d) impacts to public
access; and
(e) impacts to public
opportunities to engage in wildlife-related activities.
(3) The division may not dispose of real
property without first obtaining written approval of persons or entities, if
any, holding contractual, funding or proprietary interests in the real
property. Additional requirements may be necessary to obtain
approval.
(4) When disposing of
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 utilized federal funds when the property was
acquired.
(5) Subsection
(4) does not apply to the disposal 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 real property will be auctioned off or part of a bid process, in which the
compensation will likely exceed the fair market value, as estimated by the
division; or
(c) an appraisal has
been conducted on the real property within the past 12 months;
(6) If any exceptions listed in
Subsection (5) are used, the division shall create and keep a memo-to-file
describing:
(a) an explanation of which
exceptions are being utilized for the disposal and why;
(b) the division's estimation of value;
and
(c) the decision made by the
division.
(7) When
disposing of real property, the division shall convey title through a quit
claim deed.
(8) When disposing of
real property, the division may not receive compensation less than the fair
market value for the real property.
(9) When disposing of real property to
private ownership, the division shall comply with Section
9-8a-404.
Notes
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