(1) The requirements of this part do not apply to:
- (a) a school district selling surplus property to an eligible entity, or to a county or municipality reselling surplus property to a school district, in accordance with Title 53G, Chapter 4, Part 9, Surplus School District Land;
- (b) a local governmental entity offering public property back to the party the local governmental entity received the public property from, if required to do so by another provision of law;
- (c) a local governmental entity conveying public property to another governmental entity;
- (d) the sale of a cemetery plot; or
- (e) the abandonment or vacation of a public street in accordance with the requirements of Section 10-20-208, 17-79-208, or 72-5-105.
(2)
(a) A political subdivision that exchanges real property for another parcel of real property is not required to comply with the provisions of this part if:
- (i) both parties to the exchange are political subdivisions, both political subdivisions make a finding that the exchanged parcels are of reasonably equivalent value; or
- (ii) only one party to the exchange is a political subdivision, the political subdivision makes a finding that the political subdivision's public property has roughly the same fair market value as the real property the political subdivision will receive in the exchange.
- (b) For purposes of Subsection (2)(a), if one parcel of real property has an estimated fair market value that is within 10% above or below the estimated fair market value of another parcel of real property, the parcels are presumptively of reasonably equivalent value.
Enacted by Chapter 210, 2026 General Session