Utah § 7-2-3 - Action for injunction against commissioner in possession -- Procedure -- Appeal.

Full text of Utah Utah Code § 7-2-3 — Action for injunction against commissioner in possession -- Procedure -- Appeal., with citation guidance and answers to common questions.

§ 7-2-3. Action for injunction against commissioner in possession -- Procedure -- Appeal.

Effective 5/7/2025
7-2-3.  Action for injunction against commissioner in possession -- Procedure -- Appeal.
(1)
(a)Whenever any institution or other person of which the commissioner has taken possession considers itself aggrieved by the taking, it may within 10 days after the taking apply to the court to enjoin further proceedings.
(b)After ordering the commissioner to show cause why further proceedings should not be enjoined and after hearing the allegations and proofs of the parties and determining the facts, the court may:
(i)dismiss the application; or
(ii)enjoin the commissioner from further proceedings if the court finds the taking to be arbitrary, capricious, an abuse of discretion, or otherwise contrary to law.
(c)If the court enjoins further proceedings, it shall order the commissioner to surrender possession of the institution in a manner and on terms designated by the court in the public interest.
(d)Notice of any hearings shall be given to persons designated by the court in the manner designated by the court.
(2)An appeal may be taken by the commissioner, a receiver, or liquidator appointed by the commissioner under Section 7-2-9, or by the institution from the judgment of the court as provided by law. An appeal from the judgment does not stay any judgment in favor of the commissioner, or a receiver or liquidator appointed by the commissioner. If the appeal is taken by the commissioner, or by a receiver or liquidator appointed by the commissioner, no bond is required. If the appeal is taken by the institution, a bond is required as provided by the Utah Rules of Civil Procedure.


Amended by Chapter 302, 2025 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 7-2-3

What does Utah Code § 7-2-3 cover?

Section 7-2-3 ("Action for injunction against commissioner in possession -- Procedure -- Appeal.") 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 § 7-2-3?

A common citation format is "Utah Code § 7-2-3" (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 § 7-2-3 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.

Sources & Verification

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