Utah § 2a-204.3 - Notice to property owners -- First public hearing.
Full text of Utah Utah Code § 2a-204.3 — Notice to property owners -- First public hearing., with citation guidance and answers to common questions.
§ 2a-204.3. Notice to property owners -- First public hearing.
Effective 5/1/2024 10-2a-204.3.
Notice to property owners -- First public hearing.
(1)
The county clerk shall:
(a)
hold the first public hearing in relation to the proposed incorporation, at a location approved by the lieutenant governor, no later than 30 days after the day on which the lieutenant governor certifies the feasibility request under Subsection 10-2a-204(5);
(b)
publish notice of the hearing in accordance with Subsection 10-2a-207(7); and
(c)
within seven calendar days after the day on which the lieutenant governor certifies the feasibility request under Subsection 10-2a-204(5), mail written notice of the proposed incorporation and of the first public hearing described in this section to:
(i)
each residence within, and each owner of real property located within:
(A)
the proposed incorporation boundaries; and
(B)
300 feet of the proposed incorporation boundaries;
(ii)
the contact sponsor; and
(iii)
the lieutenant governor.
(2)
The written notice provided by the county clerk under Subsections (1)(b) and (c) shall include:
(a)
the following statement:
"NOTICE OF PROPOSED INCORPORATION AND FIRST PUBLIC HEARING
You have received this notice because you reside or own property within an area proposed for incorporation, or an area within 300 feet of an area proposed for incorporation. The first public hearing in relation to the proposed incorporation will be held on [insert date, time, and location]. The purpose of the first public hearing is to provide information regarding the proposed incorporation, the incorporation process, including the process for deciding whether to incorporate, and certain rights you may have in relation to the proposed incorporation. A specified landowner, as defined in Utah Code Section 10-2a-204.5, may, within 30 days after the day of the public hearing, request that the county clerk exclude all or part of the specified landowner's land from the area proposed for incorporation. A specified landowner may not request exclusion after the end of the 30-day period. Any owner of land within a county where the area proposed for incorporation is located may, within 30 days after the day of the public hearing, request that the county clerk include all or part of that land in the area proposed for incorporation. An owner of land may not request inclusion after the end of the 30-day period."; and
(b)
a clear description of the area proposed for incorporation.
(3)
Notwithstanding that the county conducts the first public hearing, the lieutenant governor, or a designee of the lieutenant governor, shall:
(a)
direct the proceedings at the first public hearing, with the assistance of the county clerk as needed;
(b)
provide information regarding the proposed incorporation, the incorporation process, including the process for deciding whether to incorporate, and the rights citizens may have in relation to the proposed incorporation;
(c)
describe the process by which a specified landowner may request that the county clerk exclude all or part of the specified landowner's land from the area proposed for incorporation;
(d)
describe the process by which an owner of land described in Subsection 10-2a-204.5(2)(b) may request that the county clerk include all or part of that land in the area proposed for incorporation;
(e)
describe the criteria for granting a request for exclusion or inclusion of land; and
(f)
answer questions from individuals who attend the first public hearing.
(4)
The contact sponsor, or an agent of the contact sponsor, and the county clerk, or an employee of the county clerk designated by the county clerk, shall attend the first public hearing.
(5)
The county clerk shall:
(a)
provide the location and equipment for the public hearing, subject to approval by the lieutenant governor; and
(b)
ensure compliance with the requirements of Title 52, Chapter 4, Open and Public Meetings Act, in relation to the public hearing.
Section 2a-204.3 ("Notice to property owners -- First public hearing.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 2a-204.3?
A common citation format is "Utah Code § 2a-204.3" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 2a-204.3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
