Full text of Utah Utah Code § 10-2-502.7 — Court action., with citation guidance and answers to common questions.
§ 10-2-502.7. Court action.
Effective 5/10/2016 10-2-502.7.
Court action.
(1)
After the filing of a petition under Section 10-2-502.5 and a response to the petition, the court shall, upon request of a party or upon its own motion, conduct a court hearing.
(2)
At the hearing, the court shall hear evidence regarding the viability of the disconnection proposal.
(3)
The burden of proof is on the petitioner to prove, by a preponderance of the evidence:
(a)
the viability of the disconnection;
(b)
that justice and equity require that the territory be disconnected from the municipality;
(c)
that the proposed disconnection will not:
(i)
leave the municipality with an area within its boundaries for which the cost, requirements, or other burdens of providing municipal services would materially increase over previous years;
(ii)
make it economically or practically unfeasible for the municipality to continue to function as a municipality; or
(iii)
leave or create one or more islands or peninsulas of unincorporated territory; and
(d)
that the county in which the area proposed for disconnection is located is capable, in a cost-effective manner and without materially increasing the county's costs of providing municipal services, of providing to the area the services that the municipality will no longer provide to the area due to the disconnection.
(4)
In determining whether the petitioner has met the petitioner's burden of proof with respect to Subsections (3)(c)(i) and (ii), the court shall consider all relevant factors, including the effect of the proposed disconnection on:
(a)
the municipality or community as a whole;
(b)
adjoining property owners;
(c)
existing or projected streets or public ways;
(d)
water mains and water services;
(e)
sewer mains and sewer services;
(f)
law enforcement;
(g)
zoning; and
(h)
other municipal services.
(5)
The court's order either ordering or rejecting disconnection shall be in writing with findings and reasons.
Frequently Asked Questions About Utah § 10-2-502.7
What does Utah Code § 10-2-502.7 cover?
Section 10-2-502.7 ("Court action.") 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 § 10-2-502.7?
A common citation format is "Utah Code § 10-2-502.7" (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 § 10-2-502.7 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.
