Full text of Utah Utah Code § 11-42-203 — Protests., with citation guidance and answers to common questions.
§ 11-42-203. Protests.
Effective 5/12/2015 11-42-203.
Protests.
(1)
An owner of property that is proposed to be assessed and who does not want the property to be included in an assessment area may, within 60 days after the day of the hearing described in Subsection 11-42-204(1), file a written protest:
(a)
against:
(i)
the designation of the assessment area;
(ii)
the inclusion of the owner's property in the proposed assessment area;
(iii)
the proposed improvements to be acquired or constructed; or
(iv)
if applicable, the inclusion of an unassessed benefitted government property, the benefit for which the other assessed properties will collectively pay; or
(b)
protesting:
(i)
whether the assessment meets the requirements of Section 11-42-409; or
(ii)
any other aspect of the proposed designation of an assessment area.
describe or otherwise identify the property owned by the person filing the protest; and
(b)
include the signature of the owner of the property.
(3)
An owner may withdraw a protest at any time before the expiration of the 60-day period described in Subsection (1) by filing a written withdrawal with the governing body.
(4)
If the governing body intends to assess property within the proposed assessment area by type of improvement or classification, as described in Section 11-42-201, and the governing body has clearly noticed its intent, the governing body shall:
(a)
in determining whether adequate protests have been filed, aggregate the protests by the type of improvement or by classification; and
(b)
apply to and calculate for each type of improvement or classification the threshold requirements of adequate protests.
(5)
The failure of an owner of property within the proposed assessment area to file a timely written protest constitutes a waiver of any objection to:
(a)
the designation of the assessment area;
(b)
any improvement to be provided to property within the assessment area;
(c)
the inclusion of the owner's property within the assessment area;
(d)
the fact, but not amount, of benefit to the owner's property; and
(e)
the inclusion of an unassessed benefitted government property in the assessment area.
(6)
The local entity shall post the total and percentage of the written protests it has received on the local entity's website, or, if no website is available, at the local entity's place of business at least five days before the public meeting described in Section 11-42-206.
Section 11-42-203 ("Protests.") 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 § 11-42-203?
A common citation format is "Utah Code § 11-42-203" (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 § 11-42-203 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.
