Utah Code Title 63L. Lands § 63L-13-201. Acquisition of land prohibited--Exceptions--Enforcement

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) As used in this section, “department” means the Department of Public Safety created under Section 53-1-103.

(2) Subject to Subsection (3) and Section 63L-13-202, a restricted foreign entity may not acquire an interest in land in this state.

(3) A restricted foreign entity that, in violation of Subsection (2), obtains an interest in land shall alienate the interest in accordance with Section 63L-13-202.

(4) The department shall:

(a) maintain a publicly available list of restricted foreign entities;

(b) create a process by which a county recorder may report a land conveyance the county recorder suspects is prohibited under this section;

(i) instruction on how to identify a restricted foreign entity;

(ii) the process by which a county recorder may report to the department a land conveyance the county recorder suspects is prohibited under this section; and

(iii) any additional information the department deems necessary;

(d) investigate the validity of each land conveyance a county recorder reports under this section;

(e) when, after investigation, the department determines that a land conveyance violates this section:

(i) give notice to the restricted foreign entity that:

(A) the land conveyance violates this section; and

(B)Section 63L-13-202 requires the restricted foreign entity to alienate the restricted foreign entity's interest in the land within one year or the Division of Facilities Construction and Management will sell the interest in accordance with Subsection 63L-13-202(3); and

(ii) notify the county recorder of the county in which the land is located of the land conveyance; and

(f) coordinate with the Division of Facilities Construction and Management to facilitate a sale of the interest in land as described in Section 63L-13-202.

(5) A county recorder:

(a) is not liable for a conveyance to a restricted foreign entity; and

(b) shall, upon notice from the department under Subsection (4)(e)(ii), create a public record of each violation of this section.

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Cite this article: FindLaw.com - Utah Code Title 63L. Lands § 63L-13-201. Acquisition of land prohibited--Exceptions--Enforcement - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-63l-lands/ut-code-sect-63l-13-201/

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