Property owner provisions -- Determination of registered voters.
Utah Code § 17D-1-104
in effect17D-1-104. Property owner provisions -- Determination of registered voters.
(1) For purposes of this chapter:
(a) the owner of real property is:
(i) except as provided in Subsection (1)(a)(ii), the fee title owner according to the records of the county recorder on the date of the filing of the petition or protest; or
(ii) for a proposed annexation or addition of a new service under Part 4, Annexing a New Area and Adding a New Service, the lessee of military land, as defined in Section 63H-1-102, if the area proposed to be annexed or within which a new service is proposed to be added includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act; and
(b) the value of private real property is determined according to the last assessment before the filing of the petition or protest, as determined by:
(i)
(A) the county under Title 59, Chapter 2, Part 3, County Assessment, for property subject to assessment by the county; or
(B) the State Tax Commission under Title 59, Chapter 2, Part 2, Assessment of Property, for property subject to assessment by the State Tax Commission; and
(ii) the county, for all other property.
(2) For purposes of each provision of this chapter that requires the owners of private real property covering a percentage of the total private land area within the applicable area to sign a petition or protest:
(a) a parcel of real property may not be included in the calculation of the required percentage unless the petition or protest is signed by:
(i) except as provided in Subsection (2)(a)(ii), owners representing a majority ownership interest in that parcel; or
(ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel;
(b) the signature of a person signing a petition or protest in a representative capacity on behalf of an owner is invalid unless:
(i) the person's representative capacity and the name of the owner the person represents are indicated on the petition or protest with the person's signature; and
(ii) the person provides documentation accompanying the petition or protest that reasonably substantiates the person's representative capacity; and
(c) subject to Subsection (2)(b), a duly appointed personal representative may sign a petition or protest on behalf of a deceased owner.
(3) For purposes of this chapter, registered voters shall be determined according to the official register.
Amended by Chapter 92, 2009 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17D/Chapter1/17D-1-S104.html?v=C17D-1-S104_1800010118000101Fetched: 10/26/2026