No. 30643: R850-83. Administration of Previous Sales to Subdivisions of the State

DAR File No.: 30643
Filed: 11/02/2007, 09:35
Received by: NL

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 to establish rules for sales of land to subdivisions of the state. Rule R850-83 addresses the process for administering lands previously sold under Section 65-1-29 and Subsection 65A-7-4(5), both of which have been repealed, when the provisions of the sale have been violated and the lands revert back to the Trust.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 for 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Under Section 65-1-29 and Subsection 65A-7-4(5), both of which have since been repealed, trust lands were sold to subdivisions of the state under a determinable fee process whereby the subdivision could purchase the land at appraised value for a specified purpose. If for any reason, the use of the land changed from the specified purpose, it was a breach of the sale terms and the land automatically reverted back to the Trust. Rule R850-83 outlines the process whereby a breach of the sale terms is determined and the remedies available to the subdivision of the state and the Trust. 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:

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

Direct questions regarding this rule to:

Kim S. Christy at the above address, by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at [e-mail]

Authorized by:

Kevin S. Carter, Director