Full text of Utah Utah Code § 42b-105 — Protests., with citation guidance and answers to common questions.
§ 42b-105. Protests.
Effective 5/4/2022 11-42b-105.
Protests.
(1)
An owner of a benefitted property that is proposed to be assessed and who does not want the benefitted property to be included in the assessment area may, within 30 days after the day of the hearing described in Section 11-42b-106, file a written protest with the legislative body:
(a)
against:
(i)
the designation of an assessment area;
(ii)
the inclusion of the owner's benefitted property in the proposed assessment area; or
(iii)
the proposed beneficial activities to be implemented; or
(b)
protesting:
(i)
whether the assessment meets the requirements of Section 11-42b-102; or
(ii)
any other aspect of the proposed designation of an assessment area.
describe or otherwise identify the benefitted property owned by the person filing the protest; and
(b)
include the signature of the owner of the benefitted property.
(3)
An owner subject to assessment may withdraw a protest at any time before the expiration of the 30-day period described in Subsection (1) by filing a written withdrawal with the legislative body.
(4)
If the legislative body intends to assess benefitted properties within the proposed assessment area by establishing benefit zones, as described in Subsection 11-42b-102(2)(b)(ii), and the legislative body has clearly noticed the legislative body's intent, the legislative body shall:
(a)
in determining whether adequate protests have been filed, aggregate the protests by the type of beneficial activity or by classification; and
(b)
apply to and calculate for each type of beneficial activity or classification the threshold requirements of adequate protests.
(5)
The failure of an owner of a benefitted 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 beneficial activity to be implemented within the assessment area;
(c)
the inclusion of the owner's benefitted property within the assessment area; and
(d)
the fact, but not amount, of benefit to the owner's benefitted property.
(6)
The legislative body shall post the total and percentage of the written protests the legislative body receives under this section on the legislative body's website, or, if no website is available, at the legislative body's place of business at least five days before the public meeting described in Section 11-42b-106.
Section 42b-105 ("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 § 42b-105?
A common citation format is "Utah Code § 42b-105" (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 § 42b-105 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.
