Dissolution of Municipalities

Utah Code tit. 10, ch. 10-2, pt. 10-2-P7

in effect

Utah Code § 10-2-701 Petition for disincorporation -- Validity -- Certification of petition signatures -- Removal of signature -- District court order for election.

10-2-701. Petition for disincorporation -- Validity -- Certification of petition signatures -- Removal of signature -- District court order for election. (1) Disincorporation of a municipality shall be initiated upon petition. (2) The petition shall bear signatures equal in number to 25% of all votes cast from the municipality at the last congressional election. (3) No signature is valid, for purposes of this section, unless it is that of a registered voter who is a resident of the municipality proposed for disincorporation. (4) The petition containing the specified number of signatures shall be filed with the county clerk for validation by that officer. (5) Within 21 days after the day on which the county clerk receives a petition, the county clerk shall: (a) use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2); and (b) certify on the petition whether each name is that of a registered voter from the municipality. (6) (a) A voter who signs a petition under this section may have the voter's signature removed from the petition by, no later than three business days after the day on which the petition is filed with the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed. (b) A statement described in Subsection (6)(a) shall comply with the requirements described in Subsection 20A-1-1003(2). (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature. (7) If the county clerk finds the petition valid, the clerk shall file the original with the district court and furnish a copy to the governing body of the municipality. (8) The district court, upon determining that the petition comports with Section 10-2-701.5 and that it does not offend Section 10-2-710 and is otherwise complete, shall order that the question of dissolution be placed before the voters of the municipality. Amended by Chapter 116, 2023 General Session

Utah Code § 10-2-701.5 Form of petition.

10-2-701.5. Form of petition. A petition for municipal disincorporation shall substantially comply with, and be circulated in, the following form: PETITION FOR MUNICIPAL DISINCORPORATION To the Honorable District Court of ____ County, Utah: We, the undersigned citizens and legal voters of the State of Utah, and residents of ____ City, Utah, respectfully petition the Court to submit a proposal to disincorporate ____ City, Utah, to the legal voters resident within said city for their approval or rejection at a special election ordered held by the court for that purpose; and each signator for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Utah; I am a resident of ____ City, Utah, and my residence and post office address are correctly written after my name. WARNING TO SIGNERS WITH PRIVATE VOTER REGISTRATION RECORDS If you sign this petition, your voter identification number and the date you signed may be publicly disclosed. This disclosure may occur even if you are an at-risk voter with a voter registration record that has been classified as a private record. Amended by Chapter 102, 2026 General Session

Utah Code § 10-2-702 District court to examine petition -- Set date for election.

10-2-702. District court to examine petition -- Set date for election. If the court determines that the petition is complete, the court shall set a date for the election to determine the question of dissolution which date shall be at least 60 but not more than 90 days after the petition is filed with the court. Amended by Chapter 55, 1981 General Session

Utah Code § 10-2-703 Providing notice of election.

10-2-703. Providing notice of election. (1) Immediately after setting the date for the election, the court shall order for notice to be provided of the: (a) petition; and (b) date the election is to be held to determine the question of dissolution. (2) The notice described in Subsection (1) shall be provided for the municipality, as a class A notice under Section 63G-30-102, for at least one month before the day of the election. Amended by Chapter 435, 2023 General Session

Utah Code § 10-2-704 Form of ballot.

10-2-704. Form of ballot. The form of the ballot used to vote on the issue of dissolution shall be separate from any other ballot and shall read substantially as follows: ______________________________________________________________________________ Shall the municipality of __________________Yes(insert name) be dissolved?No______________________________________________________________________________ The voters shall mark their ballots with a cross (x) opposite the word "yes" or "no". Enacted by Chapter 48, 1977 General Session

Utah Code § 10-2-705 Judgment -- Determination of claims.

10-2-705. Judgment -- Determination of claims. (1) The vote shall be taken and canvassed in the same manner as in other municipal elections, and return thereof made to the district court. (2) If the district court finds that a majority of the votes cast favored dissolution, a judgment shall be entered approving the dissolution of the municipality and, upon dissolution, the corporate powers of such municipality shall cease, and the court shall cause notice to be given in a manner to be prescribed by it, requiring all claims against the municipality to be filed in the court within a time fixed in the notice, not exceeding six months, and all claims not so filed shall be forever barred. (3) At the expiration of the time so fixed the court shall adjudicate claims so filed, which shall be treated as denied, and any citizen of the municipality at the time the vote was taken may appear and defend against any claim so filed, or the court may in its discretion appoint some person for that purpose. Amended by Chapter 354, 2025 General Session

Utah Code § 10-2-706 Taxes to meet municipal obligations.

10-2-706. Taxes to meet municipal obligations. (1) The court shall have power to wind down the affairs of the municipality, to dispose of its property as provided by law, and to make provisions for the payment of all indebtedness thereof and for the performance of its contracts and obligations, and shall order such taxes levied from time to time as may be requisite therefore, which the county legislative body shall levy against the property within the municipality. (2) The taxes shall be collected by the county treasurer in the manner for collecting other property taxes and shall be paid out under the orders of the court, and the surplus, if any, shall be paid into the school fund for the district in which the taxes were levied. (3) All municipal property remaining after the winding down of the affairs of the municipality, shall be transferred to the board of education of such school district, which board hereby is empowered to enforce all claims for the same and to have the use of all property so vesting. Amended by Chapter 354, 2025 General Session

Utah Code § 10-2-707 Disposition of records.

10-2-707. Disposition of records. (1) The books, documents, records, papers, and seal of any dissolved municipality shall be deposited with the county clerk for safekeeping and reference. (2) All court records of justice court judges shall be deposited with a justice court judge of the county to be designated by the court, and other records with the district court. (3) The courts respectively have authority to execute and complete all unfinished business standing on the same. Amended by Chapter 354, 2025 General Session

Utah Code § 10-2-708 Notice of disincorporation.

10-2-708. Notice of disincorporation. When a municipality has been dissolved, the clerk of the court shall provide notice of the dissolution for the county, as a class B notice under Section 63G-30-102, for at least four weeks. Amended by Chapter 435, 2023 General Session

Utah Code § 10-2-709 Expenses of election.

10-2-709. Expenses of election. The expenses of the election, of winding down the affairs and of dissolving the municipality, shall be the obligation of the municipality and shall be paid by it. Enacted by Chapter 48, 1977 General Session

Utah Code § 10-2-710 Limitation on jurisdiction of court to consider disincorporation petition.

10-2-710. Limitation on jurisdiction of court to consider disincorporation petition. A court may not consider a petition seeking disincorporation of a municipality or to order an election based upon the submission of such a petition if: (1) the disincorporation petition is filed with the court less than two years after the official date of incorporation of the municipality which the petition seeks to dissolve; or (2) the disincorporation petition is filed with the court less than two years after the date of an election held to decide the question of dissolution of the municipality which the petition seeks to dissolve. Amended by Chapter 158, 2024 General Session

Utah Code § 10-2-711 Dissolution by the county legislative body.

10-2-711. Dissolution by the county legislative body. (1) (a) A municipality having fewer than 50 residents may be dissolved on application to the district court by the county legislative body of the county where the municipality is located. (b) The population for each municipality under Subsection (1)(a) shall be derived from: (i) the estimate of the Utah Population Committee created in Section 63C-20-103; or (ii) if the Utah Population Committee estimate is not available, the most recent official census or census estimate of the United States Bureau of the Census. (2) Notice of the application shall be served on the municipality in the manner prescribed by law or by publication in the manner provided by law if the municipal authorities cannot be served. (3) The district court may enter an order approving the dissolution of the municipality on a finding that the existence of the municipality serves no valid municipal purpose, its existence is a sham, or on a clear and convincing showing that the best interests of the community would be served by the dissolution. (4) If the municipality is dissolved, the district court shall wind down the affairs and dissolve the municipality as quickly as possible in the same manner as is provided in Part 7, Dissolution of Municipalities. Amended by Chapter 400, 2025 General Session

Utah Code § 10-2-712 Power of court -- Articles of dissolution -- Notice to lieutenant governor -- Recording requirements -- Effective date of dissolution.

10-2-712. Power of court -- Articles of dissolution -- Notice to lieutenant governor -- Recording requirements -- Effective date of dissolution. (1) The district court may: (a) enforce compliance with any order issued to give effect to this part by proceedings for contempt; and (b) appoint any person to assist it in carrying out the provisions of this part. (2) (a) Upon entering an order approving the dissolution of a municipality, the district court shall file with the lieutenant governor: (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and (ii) a certified copy of the court order approving the dissolution. (b) Upon the lieutenant governor's issuance of a certificate of dissolution under Section 67-1a-6.5: (i) the municipality is dissolved; and (ii) the court shall: (A) if the dissolved municipality was located within the boundary of a single county, submit to the recorder of that county: (I) a certified copy of the court order approving dissolution of the municipality; and (II) the original certificate of dissolution; or (B) if the dissolved municipality was located within the boundaries of more than a single county: (I) submit to the recorder of one of those counties: (Aa) a certified copy of the court order approving dissolution of the municipality; and (Bb) the original certificate of dissolution; and (II) submit to the recorder of each other county: (Aa) a certified copy of the court order approving dissolution of the municipality; and (Bb) a certified copy of the certificate of dissolution. (3) (a) The effective date of a dissolution of a municipality for purposes of assessing property within the dissolved municipality is governed by Section 59-2-305.5. (b) Until the documents listed in Subsection (2)(b)(ii) are recorded in the office of the recorder of each county in which the property is located, a county in which a dissolved municipality is located may not: (i) levy or collect a property tax on property within the former boundary of the dissolved municipality unless the county was levying and collecting the tax immediately before dissolution; (ii) levy or collect an assessment on property within the former boundary of the dissolved municipality unless the county was levying and collecting the assessment immediately before dissolution; or (iii) charge or collect a fee for service provided to property within the former boundary of the dissolved municipality unless the county was levying and collecting the fee immediately before dissolution. Amended by Chapter 350, 2009 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title10/Chapter2/10-2-P7.html?v=C10-2-P7_1800010118000101Fetched: 10/26/2026