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Administrative rule R657-61

Valuation of real property interests for purposes of acquisition or disposal

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KEY: wildlife, land sale, property value

Date of Enactment or Last Substantive Amendment: February 5, 2009

Notice of Continuation: New Rule

Authorizing, and Implemented or Interpreted law: 23-21-1

R657-61-1. Purpose and Authority.

(1) Pursuant to Utah Code Sections 63-34-21, 23-14-8, and Section 23-21-1, this rule defines the process by which the value of real property is determined for purposes of acquisition or disposal by the Division.

R657-61-2. Definitions.

(1) For purposes of this rule:

(a) "Appraisal" means an independent analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, an identified parcel of real property, and conducted by a state certified general appraiser.

(b) "Value" means as an opinion on the worth of an identified parcel of real property or interest therein at a specific time and may be comprised of one or more of the following values, as commonly understood within the real estate and appraisal services business communities: assessed value, insurable value, use value, investment value, going-concern value, business enterprise value, market value, and public interest value.

R657-61-3. Obtaining an Opinion of Value.

(1) When purchasing or disposing real property interests, the Division shall obtain a written opinion on the value of the property interest in the form of an appraisal.

(a) The division will keep and maintain the written opinion of value in its real property acquisition and disposal files.

(2) An appraisal is not required under the following circumstances:

(a) The market value of the subject property interest is less than One-Hundred Thousand Dollars ($100,000), as estimated by the Division;

(b) The asking price for the property interest is considerably below prevailing market conditions, as estimated by the Division;

(c) The asking price for the property interest is reasonable based upon prevailing market conditions, but the Division will lose the opportunity to purchase the property if time is taken to conduct an appraisal prior to making an offer;

(d) An appraisal has been conducted on the subject property interest within the past twelve months;

(e) The real property interest is a gift, contribution, or donation to the division; or

(f) The real property interest is a right-of-way, lease, or other less-than-fee interest that is not perpetual.

(3) A written opinion of value shall be rendered by a state certified general appraiser conducting an appraisal.

(4) When values other than market value are considered in addition to or in place of an appraisal rendered by a state certified general appraiser the Division shall create and keep a memo-to-file describing:

(a) the Division's consideration of said value(s);

(b) the Division's rationale in said consideration relative to the proposed price and other terms of the purchase, sale, or exchange; and

(c) the acquisition or disposal decision made by the Division.

R657-61-4. Congruency in Value.

(1) Based on the written opinion of value, the Division shall consider and weigh the various economic and social values associated with the real property in an effort to maintain a level of congruency between the compensation for the property and its values.

Administrative rules menu

Admin. rules menu

  • R657-1 — Repealed
  • R657-2
    — Adjudicative proceedings
  • R657-3
    — Collection, importation, possession (CIP)
  • R657-4
    — Possession of live game birds
  • R657-5
    — Taking big game
  • R657-6
    — Taking upland game
  • R657-7
    — Repealed
  • R657-8
    — Repealed
  • R657-9
    — Taking waterfowl, snipe and coot
  • R657-10
    — Taking cougar
  • R657-11
    — Taking furbearers
  • R657-12
    — Hunting and fishing accommodations for people with disabilities
  • R657-13
    — Taking fish and crayfish
  • R657-14
    — Commercial harvesting of protected aquatic wildlife
  • R657-15
    — Closure of Gunnison, Cub and Hat Islands
  • R657-16
    — Repealed
  • R657-17
    — Lifetime hunting and fishing license
  • R657-18
    — Repealed
  • R657-19
    — Taking nongame mammals
  • R657-20
    — Falconry
  • R657-21
    — Cooperative wildlife management units for small game & waterfowl
  • R657-22
    — Commercial hunting areas
  • R657-23
    — Utah Hunter Education Program
  • R657-24
    — Compensation for mountain lion, bear or eagle damage
  • R657-25
    — Repealed
  • R657-26
    — Adjudicative proceedings for a license, permit, tag or certificate of registration
  • R657-27
    — License agent procedures
  • R657-28
    — Use of Division lands — rights of way, leases and special-use permits
  • R657-29
    — GRAMA
  • R657-30
    — Terminally ill fishing licenses
  • R657-31
    — Repealed
  • R657-32
    — Repealed
  • R657-33
    — Taking bear
  • R657-34
    — Procedures for confirmation of ordinances on hunting closures
  • R657-35
    — Repealed
  • R657-36
    — Repealed
  • R657-37
    — Cooperative Wildlife Management Units for big game or turkey
  • R657-38
    — Dedicated Hunter Program
  • R657-39
    — Wildlife Board and Regional Advisory Councils
  • R657-40
    — Wildlife rehabilitation
  • R657-41
    — Conservation and sportsman permits
  • R657-42
    — Fees, exchanges, surrenders, refunds and reallocation of wildlife documents
  • R657-43
    — Landowner permits
  • R657-44
    — Big game depredation
  • R657-45
    — Wildlife license, permit, and certificate of registration forms
  • R657-46
    — The use of game birds in dog field trials and training
  • R657-47
    — Repealed
  • R657-48
    — Repealed
  • R657-49
    — Repealed
  • R657-50
    — Error remedy rule
  • R657-51
    — Poaching-reported reward permits
  • R657-52
    — Commercial harvesting of brine shrimp and brine shrimp eggs
  • R657-53
    — Amphibian and reptile CITP
  • R657-54
    — Taking wild turkey
  • R657-55
    — Wildlife Expo Permits
  • R657-56
    — Lease of private lands for free public walk-in access
  • R657-57
    — Division variance rule
  • R657-58
    — Fishing contests and clinics
  • R657-59
    — Private fish ponds, short term fishing events, private fish stocking, and institutional aquaculture
  • R657-60
    — Aquatic invasive species interdiction
  • R657-61
    — Valuation of real property interests for purposes of acquisition or disposal
  • R657-62
    — Drawing application procedures
  • R657-63
    — Self defense against wild animals
  • R657-64
    — Predator control incentives
  • R657-65
    — Urban deer control
  • R657-66
    — Military Installation Permit Program
  • R657-67
    — Utah Hunter Mentoring Program
  • R657-68
    — Trial Hunting Authorization
  • R657-69
    — Turkey depredation
  • R657-70
    — Repealed
  • R657-71
    — Removal of wild deer from domesticated elk facilities