1. (1) Following a public auction, on concurrence of the parties in a negotiated sale, or after the board approves the sale of an Eligible Property to the Utah Department of Natural Resources, the director shall prepare and deliver a certificate of sale to the purchaser. The certificate must contain:

   1. (a) a legal description of the subject parcel;
   2. (b) the purchase price and any pre-paid amounts;
   3. (c) costs assessed by the director;
   4. (d) financing terms, if applicable;
   5. (e) the dates on which obligations must be met;
   6. (f) the beneficiary of the subject parcel;
   7. (g) remedies available to the agency on default by the purchaser, including forfeiture; and
   8. (h) any other terms, covenants, deed restrictions, or conditions that the director considers appropriate.
2. (2) For trust lands purchased at an auction, the successful bidder must execute the certificate of sale within 30 days of receipt from the director. If the successful bidder fails to execute the certificate of sale within the 30-day period, the director is not required to finalize the transaction and may retain the down payment and costs paid by the successful bidder at the auction.
3. (3) The director may terminate a negotiated sale or sale of an Eligible Property to the Utah Department of Natural Resources for any reason prior to finalization of the certificate of sale. If a negotiated sale is terminated by the proposed purchaser, the agency may retain the costs and fees paid pursuant to Subsection R850-80-620(6).
4. (4) A certificate of sale is not final until the purchaser and the director or other authorized agency representative executes the certificate.
5. (5) Except for sales to the Utah Department of Natural Resources made under Section R850-80-630, the purchaser under a certificate of sale may assign the certificate of sale to any person qualified to purchase trust lands. If the purchaser desires to assign the certificate prior to payment in full of the purchase price and all accrued interest, the purchaser must have the director's prior written consent to the assignment. The director may require the assignee to execute a quitclaim deed, as required under Subsection R850-80-500(10), as a condition to consent to the assignment. An assignment of a certificate of sale must clearly identify the subject parcel, the certificate of sale number, the name and address of the assignee, and be executed by both the assignor and assignee.
6. (6) Assignment of a certificate of sale does not relieve the assignor from any obligations arising prior to the date of assignment.
7. (7) Within a reasonable time after payment in full of the amounts owing under a certificate of sale, the director shall seek issuance of a patent from the governor or the governor's designee to the purchaser of the property.

KEY: administrative procedures, sales

Date of Last Change: September 15, 2025

Notice of Continuation: May 26, 2022

Authorizing, and Implemented or Interpreted Law: 53C-1-302(1)(a)(ii); 53C-2-201(1)(a); 53C-4-101(1); 53C-4-102; 53C-4-104; 53C-4-202(6); 63G-2-305; 72-5-203(1)(a)(i); 72-5-203(2)(a)