59-2-511. Acquisition of land by governmental entity -- Requirements -- Rollback tax -- One-time in lieu fee payment -- Passage of title.
(1) For purposes of this section, "governmental entity" means: the United States; the state; a political subdivision of the state, including: a county; a city; a town; a school district; a special district; or a special service district; or an entity created by the state or the United States, including: an agency; a board; a bureau; a commission; a committee; a department; a division; an institution; an instrumentality; or an office.
(2) Except as provided in Subsectionsthrough, land acquired by a governmental entity is subject to the rollback tax imposed by this part if: (3) (5) before the governmental entity acquires the land, the land is assessed under this part; and after the governmental entity acquires the land, the land does not meet the requirements of Sectionfor assessment under this part. 59-2-503 A person dedicating a public right-of-way to a governmental entity shall pay the rollback tax imposed by this part if: a portion of the public right-of-way is located within a subdivision as defined in Section; or 10-20-102 in exchange for the dedication, the person dedicating the public right-of-way receives: money; or other consideration.
(3) Except as provided in Subsectionsand, land acquired by a governmental entity is not subject to the rollback tax imposed by this part, but is subject to a one-time in lieu fee payment as provided in Subsection, if: (4) (5) (3)(b) the governmental entity acquires the land by eminent domain; the land is under the threat or imminence of eminent domain proceedings; and the governmental entity provides written notice of the proceedings to the owner; or the land is donated to the governmental entity. If a governmental entity acquires land under Subsection, the governmental entity shall make a one-time in lieu fee payment: (3)(a)(iii) to the county treasurer of the county in which the land is located; and in an amount equal to the amount of rollback tax calculated under Section. 59-2-506 If a governmental entity acquires land under Subsectionor, the governmental entity shall make a one-time in lieu fee payment: (3)(a)(i) (3)(a)(ii) to the county treasurer of the county in which the land is located; and if the land remaining after the acquisition by the governmental entity meets the requirements of Section, in an amount equal to the rollback tax under Sectionon the land acquired by the governmental entity; or 59-2-503 59-2-506 if the land remaining after the acquisition by the governmental entity is less than five acres, in an amount equal to the rollback tax under Sectionon the land acquired by the governmental entity and the land remaining after the acquisition by the governmental entity. 59-2-506 For purposes of Subsection, "land remaining after the acquisition by the governmental entity" includes other eligible acreage that is used in conjunction with the land remaining after the acquisition by the governmental entity. (3)(b)(ii) The county treasurer shall pay 100% of the in lieu fee payment collected under this section to the county, which the county shall deposit and use in accordance with Section. 17-41-602
(4) Except as provided in Section, if land acquired by a governmental entity is made subject to a conservation easement in accordance with Section: 59-2-506.5 59-2-506.5 the land is not subject to the rollback tax imposed by this part; and the governmental entity acquiring the land is not required to make an in lieu fee payment under Subsection. (3)(b)
(5) This Subsectionapplies only to a governmental entity that is the state or a political subdivision of the state as described in Subsectionsand. (5) (1)(b) (c) Land acquired by a governmental entity described in Subsectionis not subject to the rollback tax imposed by this part. (5)(a) Notwithstanding Subsection, a governmental entity described in Subsectionmay not, within five years after the day on which the governmental entity acquires land, sell the land to a private entity unless the governmental entity makes a one-time in lieu fee payment: (5)(b) (5)(a) to the county treasurer of the county in which the land is located; in an amount equal to the rollback tax under Sectionon the land acquired by the governmental entity at the time of acquisition; and 59-2-506 before selling the land to the private entity.
(6) If a governmental entity acquires land subject to assessment under this part, title to the land may not pass to the governmental entity until the following are paid to the county treasurer: any tax due under this part; any one-time in lieu fee payment due under this part; and any interest due under this part.