Utah Administrative Code
Topic - Natural Resources
Title R652 - Forestry, Fire and State Lands
Rule R652-80 - Land Exchanges
Section R652-80-200 - Exchange Criteria
Universal Citation: UT Admin Code R 652-80-200
Current through Bulletin 2024-18, September 15, 2024
1. The division may exchange sovereign land for land or other assets. The criteria by which an exchange proposal will be considered follows.
(a) Asset is herein defined as personal
property, including cash, which has a readily determined market
value.
(b) The percentage of cash
which may be included in an exchange transaction shall not exceed 25% of the
value.
2. Sovereign land exchanges must be in the best interest of the public trust as documented in a record of decision by the division. The record of decision shall address:
(a) the value of the affected lands or other
assets as determined by a certified general appraiser, county tax assessment
records, market analysis conducted by the division, or other method approved by
the director;
(b) an assessment of
the degree to which the exchange of sovereign land for land or other assets to
be acquired may enhance commerce, navigation, wildlife habitat, public
recreation, or other public trust value;
(c) management costs and
opportunities;
(d) the criterion
that the exchange promotes the interest of the public without any substantial
impairment of the public interest in the lands and waters remaining.
3. The record of decision shall verify that the exchange will not result in an unmanageable and uneconomical parcel of sovereign land, nor eliminate access to a remnant holding, without appropriate remuneration or compensation.
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