(1)
(a) "Dispose" means to:
- (i) sell, convey, donate, or otherwise permanently change the ownership of real property;
- (ii) enter into a joint venture that gives a private entity the right to use, possess, or occupy real property; or
- (iii) give a private entity the right to use, possess, or occupy real property under a lease agreement with an initial term of more than 10 years.
(b) "Dispose" does not include:
- (i) an exchange of a parcel of real property for another parcel of real property described in Subsection 11-1-205(2);
- (ii) the creation, transfer, or use of an easement, unless the easement has a fair market value of more than 50% of the fair market value of the affected real property; or
- (iii) giving a private entity the right to use, possess, or occupy real property under a lease agreement with an initial term of 10 years or less.
(2) "Governing body" means:
- (a) for a municipality or a county, the legislative body;
- (b) for an agency, the agency board;
- (c) for a special district, special service district, local building authority, conservation district, or public infrastructure district, the board of trustees;
- (d) for a housing authority, the board of commissioners; and
- (e) for a school district, the school board.
(3) "Local governmental entity" means:
- (a) a municipality;
- (b) a county;
- (c) an agency, as that term is defined in Section 17C-1-102;
- (d) a special district created under Title 17B, Limited Purpose Local Government Entities - Special Districts;
- (e) a special service district, local building authority, or conservation district created under Title 17D, Limited Purpose Local Government Entities - Other Entities;
- (f) a housing authority, other than a housing authority described in Section 35A-8-403; and
- (g) a school district.
- (4) "Public property" means real property owned by a local governmental entity.
- (5) "Real estate offering website" means any publicly accessible website that describes real property that is for sale.
Enacted by Chapter 210, 2026 General Session