17-61 - County Boundaries
Title 17 > 17-61
Sections (19)
General Provisions
17-61-101 - Definitions.
(1) “Annexing county” means the county to which a portion of territory of an adjoining county is annexed, or proposed to be annexed, as provided in Part 3, County Annexation.
(2) “Consolidating county” means the county to which another county is joined, or is proposed to be joined, by consolidation as provided in Part 2, Consolidation of Counties.
(3) “Independent surveyor” means the surveyor whose position is established within the Utah Geospatial Resource Center under Section 63A-16-505.
(4) “Initiating county” means the county from which a portion of territory is annexed, or is proposed to be annexed, to an adjoining county as provided in Part 3, County Annexation.
(5) “New county” means the county that is created through the process described in Part 4, Creating New Counties.
(6) “Originating county” means the county that is joined, or is proposed to be joined, to another county through consolidation as provided in Part 2, Consolidation of Counties.
(7) “Seceding county” means the county that loses, or is proposed to lose, territory to a new county through the process described in Part 4, Creating New Counties.
Enacted by Chapter 13, 2025 Special Session 1
17-61-102 - Counties of the state — County boundaries maintained by lieutenant governor — Process to determine disputed county boundaries.
(1) The counties of the state are those whose geographical boundaries in the official county boundary records maintained by the office of the lieutenant governor, as described in Section 17E-2-301, and may be changed only in accordance with the provisions of this chapter.
(2) The office of the lieutenant governor shall:maintain the official county boundaries of the state; andupdate the official county boundaries upon the lieutenant governor’s issuance, under Section 67-1a-6.5, of an applicable certificate.
(3) If a dispute or uncertainty arises as to the true location of a county boundary as described in the official records maintained by the office of the lieutenant governor, the county surveyors of each county whose boundary is the subject of the dispute or uncertainty may determine the true location.If agreement is reached under Subsection (3)(a), the county surveyors of each county whose boundary was the subject of the dispute or uncertainty shall provide notice, accompanied by a map, to the lieutenant governor showing the true location of the county boundary.
(4) If the county surveyors fail to agree on or otherwise fail to establish the true location of the county boundary, the county executive of either or both of the affected counties shall engage the services of an independent surveyor.After being engaged under Subsection (4)(a), the independent surveyor shall notify the county surveyor of each county whose boundary is the subject of the dispute or uncertainty of the procedure the independent surveyor will use to determine the true location of the boundary.With the assistance of each county surveyor who chooses to participate, the independent surveyor shall determine permanently the true location of the boundary by marking surveys and erecting suitable monuments to designate the boundary.Each boundary established under this Subsection (4) shall be considered permanent until superseded by legislative enactment.The independent surveyor shall provide notice, accompanied by a map, to the lieutenant governor showing the true location of the county boundary.
(5) Nothing in this section may be construed to give the county surveyors or independent surveyor any authority other than to erect suitable monuments to designate county boundaries as they are described in the official records maintained by the office of the lieutenant governor.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Consolidation of Counties
17-61-201 - Consolidation of counties — Petition — Certification of petition signatures — Removal of signature — Election — Ballot.
(1) A voter of a county who desires to have the county joined to and consolidated with an adjoining county may petition the county legislative body of the county in which the voter resides and the county legislative body of the adjoining county, as described in this section.
(2) Each petition under Subsection (1) shall be:signed by a majority of the voters who reside in the originating county;signed by a majority of the voters who reside in the consolidating county; andpresented to the county legislative body of the originating county and the county legislative body of the consolidating county before the first Monday in June of any year.
(3) Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk.Within 14 days after the day on which a county clerk receives a petition from the county legislative body under Subsection (3)(a), the county clerk shall:use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2) in regard to the voters of the county in which the county clerk is an officer;certify on the petition whether each name is that of a registered voter in the county in which the county clerk is an officer; anddeliver the certified petition to the county legislative body.
(4) An individual who signs a petition under this section may have the individual’s signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual’s signature be removed.A statement described in Subsection (4)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature.
(5) If the county clerks of the originating county and consolidating county each determine that the petition meets the requirements of Subsection (2)(a), each county clerk shall ensure that the petition is submitted to the voters of the respective counties as described in Subsection (6).
(6) If a petition under Subsection (1) is presented in a year during which a regular general election is held, the county legislative body of the originating county and the county legislative body of the consolidating county shall cause the proposition to be submitted to the legal voters of the respective counties at the next regular general election.If a petition under Subsection (1) is presented during a year in which there is no regular general election, the county legislative body of the originating county and the county legislative body of the consolidating county shall:call a special election to be held on the first Tuesday after the first Monday in November following the presentation of the petition; andcause the proposition to be submitted to the voters of the respective counties during the special election.Except as otherwise provided in this part, an election under this Subsection (6) shall be held, the results canvassed, and returns made under the provisions of the general election laws of the state.The ballot language to be used at an election under this Subsection (6) shall be:For combining ____ county with ____ county.Against combining ____ county with ____ county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-202 - Certification of election result to governor.
If it appears from the certified report that the lieutenant governor receives under Section 20A-4-304 that a majority of the voters in both the originating county and the consolidating county have voted in favor of consolidation, the lieutenant governor shall certify the result of the vote to the governor.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-203 - Governor’s proclamation — Notice and plat to lieutenant governor — Recording requirements — Effective date.
(1) Upon receipt of the election result from the lieutenant governor under Section 17-61-202, the governor shall issue a proclamation, stating: the result of the vote in the originating county and the consolidating county; andthat the consolidation of the originating county with the consolidating county will take effect as provided in Subsection (3).
(2) The legislative body of the consolidating county shall:within 30 days after the issuance of the governor’s proclamation under Subsection (1), send to the lieutenant governor:a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); anda copy of an approved final local entity plat, as defined in Section 67-1a-6.5; andupon the lieutenant governor’s issuance of a certificate of consolidation under Section 67-1a-6.5, submit to the recorder of the consolidating county:the original notice of an impending boundary action;the original certificate of consolidation;the original approved final local entity plat; anda certified copy of the governor’s proclamation under Subsection (1).
(3) A consolidation of counties approved at an election under Section 17-61-201 takes effect on January 1 of the year immediately following the lieutenant governor’s issuance of a certificate of consolidation under Section 67-1a-6.5.The effective date of a consolidation of counties for purposes of assessing property within the consolidating county is governed by Section 59-2-305.5.Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of the county in which the property is located, a consolidating county may not:levy or collect a property tax on property in the consolidating county that used to be in the originating county;levy or collect an assessment on property in the consolidating county that used to be in the originating county; orcharge or collect a fee for service provided to property within the consolidating county that used to be in the originating county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-204 - Effect of consolidation — Pending criminal proceedings.
(1) All territory included within the boundaries of the originating county becomes, upon the consolidation effective date described in Section 17-61-203, the territory of the consolidating county.
(2) The precincts and school districts existing in the originating county: continue and become precincts and school districts in the consolidating county;remain organized until changed in the manner provided by law; andretain the same officers of those precincts and school districts until the expiration of the applicable terms.
(3) The ownership of all property, both real and personal, held and owned by the originating county at the time of consolidation is vested in the consolidating county.
(4) The term of a county officer in the originating county terminates and ceases on the consolidation effective date.A county officer of the originating county shall immediately, and before the consolidation effective date, deliver to the corresponding county officer of the consolidating county all books, records, and papers of the originating county.
(5) An individual who is confined under lawful commitment in the county jail of the originating county, or otherwise lawfully held to answer for alleged violation of any of the criminal laws of this state, shall: be delivered to the sheriff of the consolidating county before the consolidation effective date; andbe confined in the county jail of the consolidating county for the unexpired term of the individual’s sentence or held as specified in the individual’s commitment.
(6) All criminal proceedings pending in the originating county shall be prosecuted to judgment and execution in the consolidating county.All offenses committed in the originating county before consolidation that have not been prosecuted shall be prosecuted in the consolidating county.
(7) All actions, proceedings, and matters pending in:the district court of the originating county may be proceeded with in the district court of the consolidating county; andthe juvenile court of the originating county may be proceeded with in the juvenile court of the consolidating county.
(8) All indebtedness of the originating county are transferred to and become the indebtedness of the consolidating county with the same effect as if it had been incurred by the consolidating county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
County Annexation
17-61-301 - Annexation of portion of county to adjoining county — Petition — Certification of petition signatures — Removal of signature — Election — Ballot.
(1) Except as provided in Section 17-61-306, a voter who desires to have initiating county territory in which the voter resides included within the boundary of an adjoining county, the voter may petition the county legislative body of the initiating county and the county legislative body of the annexing county.
(2) A petition under Subsection (1) shall be:signed by a majority of the voters living in the portion of the initiating county proposed to be included within the boundaries of an annexing county; andpresented before the first Monday in June of a year during which a general election is held.
(3) Within three business days after the day on which a county legislative body receives a petition under Subsection (1), the county legislative body shall provide the petition to the county clerk.Within 14 days after the day on which a county clerk of an initiating county receives a petition from the county legislative body under Subsection (3)(a), the county clerk shall:use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2);certify on the petition whether each name is that of a voter in the portion of the initiating county that is proposed to be annexed; anddeliver the certified petition to the county legislative body.
(4) An individual who signs a petition under this section may have the individual’s signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual’s signature be removed.A statement described in Subsection (4)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature.
(5) If the county clerk of the initiating county determines that the petition meets the requirements of Subsection (2), the county clerk of the initiating county and the county clerk of the annexing county shall ensure the petition is submitted to the voters of the respective counties at the next regular general election as described in this Subsection (5).Except as otherwise provided, the election shall be held, the results canvassed, and returns made under the provisions of the general election laws of the state.The ballot language to be used in an election held under this Subsection (5) shall be:For annexing a portion of ____ county to ____ county.Against annexing a portion of ____ county to ____ county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-302 - Certification of election result to governor.
In an election held under Section 17-61-301 , if it appears from the certified report that the lieutenant governor receives under Section 20A-4-304 that a majority of those voting in both the initiating county and the annexing county have voted in favor of the annexation, as required by Utah Constitution, Article XI, Section 3, the lieutenant governor shall certify the result of the vote to the governor.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-303 - Governor’s proclamation — Notice to lieutenant governor — Recording requirements — Effective date.
(1) Upon receipt of the lieutenant governor’s certification under Section 17-61-302, the governor shall issue a proclamation, stating: the result of the vote in the initiating county and the annexing county; andthat the annexation of the territory to the annexing county will take effect as provided in Subsection (3).
(2) The legislative body of the annexing county shall:within 30 days after the issuance of the governor’s proclamation under Subsection (1), send to the lieutenant governor:a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); anda copy of an approved final local entity plat, as defined in Section 67-1a-6.5; andupon the lieutenant governor’s issuance of a certificate of annexation under Section 67-1a-6.5, submit to the recorder of the annexing county:the original notice of an impending boundary action;the original certificate of consolidation;the original approved final local entity plat; anda certified copy of the governor’s proclamation under Subsection (1).
(3) An annexation approved at an election under Section 17-61-301 takes effect on January 1 of the year immediately following the lieutenant governor’s issuance of a certificate of annexation under Section 67-1a-6.5.The effective date of a county annexation for purposes of assessing property within the annexing county is governed by Section 59-2-305.5.Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of the county in which the property is located, an annexing county may not:levy or collect a property tax on property in the annexing county that used to be in the initiating county;levy or collect an assessment on property in the annexing county that used to be in the initiating county; orcharge or collect a fee for service provided to property within the annexing county that used to be in the initiating county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-304 - Territory becomes part of annexing county — Division of revenues.
(1) Upon the effective date of the annexation described in Section 17-61-303, all the area proposed to be annexed shall become part of the annexing county.
(2) The legislative body of the initiating county shall:until the date of annexation, continue:to levy and collect ad valorem property tax and other revenues from or pertaining to the area; andexcept as otherwise agreed with the annexing county, to provide the same services to the area proposed to be annexed as the initiating county provided before the commencement of the annexation proceedings; andafter annexation, share pro rata with the annexing county the taxes and service charges or fees levied and collected by the initiating county during the year of the annexation if and to the extent that the annexing county provides, by itself or by contract, the same services for which the initiating county levied and collected the taxes and service charges or fees.The pro rata allocation of taxes under Subsection (2)(a)(ii) shall be based on the date of annexation, and the pro rata allocation of service charges and fees shall be based on the proportion of services related to the service charges and fees that remain to be rendered after annexation.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-305 - Effect on precincts and school districts — Pending criminal proceedings.
(1) The precincts and school districts in the annexed territory:continue;become precincts and school districts in the annexing county; andremain as then organized until changed in the manner provided by law.
(2) The officers of those precincts and school districts hold their respective offices until the expiration of their terms.
(3) If a precinct or school district is divided because of a county annexation under this part:the precinct or school district is disorganized, and the property and territory embraced in the precinct or school district is subject to the action of the county legislative body of the respective counties; andany bonded or other indebtedness of a school district attaches to and becomes the obligation of the district that is created out of the territory that retains the buildings and other property of the original district.
(4) All criminal proceedings and actions pending in the annexed territory as of the consolidation effective date shall be prosecuted to judgment and execution in the annexed territory as part of the annexing county.
(5) All offenses committed in the annexed territory before annexation that have not been prosecuted may be prosecuted to judgment and execution in the annexed territory or any part of the annexing county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-306 - Minor adjustments to county boundaries authorized — Public hearing — Joint resolution of county legislative bodies — Notice and plat to lieutenant governor — Recording requirements — Effective date.
(1) Counties sharing a common boundary may, in accordance with the provisions of Subsection (2) and Utah Constitution, Article XI, Section 3 and for purposes of real property tax assessment and county record keeping, adjust all or part of the common boundary to move it, subject to Subsection (1)(b), a sufficient distance to reach to, and correspond with, the closest existing property boundary of record.A boundary adjustment under Subsection (1)(a) may not create a boundary line that divides or splits:an existing parcel;an interest in the property; ora claim of record in the office of recorder of either county sharing the common boundary.
(2) The legislative bodies of both counties desiring to adjust a common boundary in accordance with Subsection (1) shall:hold a joint public hearing on the proposed boundary adjustment;at least seven days before the public hearing described in Subsection (2)(a), provide written notice of the proposed adjustment to:each owner of real property whose property, or a portion of whose property, may change counties as the result of the proposed adjustment; andany of the following whose territory, or a portion of whose territory, may change counties as the result of the proposed boundary adjustment, or whose boundary is aligned with any portion of the existing county boundary that is being proposed for adjustment:a city;a town;a school district;a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts;a special service district governed by Title 17D, Chapter 1, Special Service District Act;an interlocal entity governed by Title 11, Chapter 13, Interlocal Cooperation Act;a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;a local building authority governed by Title 17D, Chapter 2, Local Building Authority Act; anda conservation district governed by Title 17D, Chapter 3, Conservation District Act; andadopt a joint resolution approved by both county legislative bodies approving the proposed boundary adjustment.
(3) The legislative bodies of both counties adopting a joint resolution under Subsection (2)(c) shall:within 15 days after adopting the joint resolution, jointly send to the lieutenant governor:a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-Ch67_1a|67-1a-6.5]; anda copy of an approved final local entity plat, as defined in Section 67-1a-6.5; andupon the lieutenant governor’s issuance of a certificate of boundary adjustment under Section 67-1a-6.5, jointly submit to the recorder of the county in which the property is located after the boundary adjustment:the original notice of an impending boundary action;the original certificate of boundary adjustment;the original approved final local entity plat; anda certified copy of the joint resolution approving the boundary adjustment.
(4) As used in this Subsection (4):“Affected area” means an area that, as a result of a boundary adjustment under this section, is moved from within the boundary of one county to within the boundary of another county.”Receiving county” means a county whose boundary includes an affected area as a result of a boundary adjustment under this section.A boundary adjustment under this section takes effect on the date the lieutenant governor issues a certificate of boundary adjustment under Section 67-1a-6.5.The effective date of a boundary adjustment for purposes of assessing property within an affected area is governed by Section 59-2-305.5.Until the documents listed in Subsection (3)(b) are recorded in the office of the recorder of the county in which the property is located, a receiving county may not:levy or collect a property tax on property within an affected area;levy or collect an assessment on property within an affected area; orcharge or collect a fee for service provided to property within an affected area.
(5) Upon the effective date of a boundary adjustment under this section:all territory designated to be adjusted into another county becomes the territory of the other county; andthe provisions of Section 17-61-305 apply in the same manner as with an annexation under this part.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Creating New Counties
17-61-401 - Creating a new county — Petition — Certification of petition signatures — Removal of signature — Election — Ballots.
(1) Whenever a voter desires to have the territory within which the voter resides created into a new county, the voter may file a petition for the creation of a new county with the county legislative body of the seceding county in which the voter resides as described in this section.
(2) The petition described in Subsection (1) shall: propose the name and define the boundaries of the new county; andbe signed: by at least one-fourth of the voters residing in the portion of the seceding county proposed to be created into a new county; andby no less than one-fourth of the voters residing in the remaining portion of the seceding county.If a petition proposes to take territory from more than one seceding county, the requirements of Subsection (2)(a)(ii) apply to each seceding county affected by the petition.
(3) A voter shall file a petition for the creation of a new county on or before the first Monday in May of any year with the county legislative body of the seceding county.
(4) Within three business days after the day on which a county legislative body receives a petition, the county legislative body shall provide the petition to the county clerk.Within 14 days after the day on which a county clerk receives a petition from the county legislative body under Subsection (4)(a), the county clerk shall:use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2);certify on the petition whether each name is that of a registered voter in the seceding county; anddeliver the certified petition to the county legislative body.
(5) An individual who signs a petition under this section may have the individual’s signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the individual’s signature be removed.A statement described in Subsection (5)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature.
(6) The seceding county legislative body shall cause the proposition to be submitted to the voters residing in the seceding county at a special election to be held according to the dates established in Section 20A-1-204, first causing 30 days’ notice of the election to be given in the manner provided by law for giving notice of general elections.
(7) The county clerk shall ensure that the special election is held, the result canvassed, and returns made under the provisions of the general election laws.
(8) The form of ballot to be used at the special election shall be:For the creation of (supplying the name proposed) county.Against the creation of (supplying the name proposed) county.
(9) Subject to Subsection (9)(b), the expenses of any special election described in this section shall be paid out of the general fund of the seceding county.If the voters approve the creation of the new county, the new county shall reimburse the seceding county for half of the cost of the special election within one year of the effective date of the new county from the general fund of the new county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-402 - Certification of returns — Governor’s proclamation of creation of new county — Notice and plat to lieutenant governor — Recording requirements — Effective date.
(1) If a petition for the creation of a new county impacts only one seceding county, the proposition submitted to voters under Section 17-61-401 shall be approved by a majority vote of those voters who reside:in the portion of the seceding county proposed as a new county; andin the remaining portion of the seceding county.If a petition for the creation of a new county impacts more than one seceding county, the proposition submitted to voters under Section 17-61-401 shall be approved by a majority of those voters who reside:in each portion of each seceding county proposed to be part of a new county; andin each remaining portion of each seceding county.
(2) If it appears that any proposition submitted to the voters as provided in Section 17-61-401 has been approved as described in Subsection (1):the lieutenant governor, upon receiving the certified report under Section 20A-4-304, shall certify the result to the governor; andupon receiving the results from the lieutenant governor under Subsection (1)(a), the governor shall issue a proclamation, stating:the result of the vote in each division of the county;the name and boundaries of the new county;the boundaries of a seceding county as changed by the creation of the new county;that the creation of the new county will take effect on the first Monday in January following the lieutenant governor’s issuance of a certificate of creation under Section 67-1a-6.5;the name proposed in the petition as the name of the new county; andthe judicial district to which the new county belongs.
(3) The legislative body of the county from which the greatest portion of the new county was taken shall:within 30 days after the issuance of the governor’s proclamation under Subsection (1), send to the lieutenant governor:a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); anda copy of an approved final local entity plat, as defined in Section 67-1a-6.5; andupon the lieutenant governor’s issuance of a certificate of creation under Section 67-1a-6.5, submit to the recorder of the new county:the original notice of an impending boundary action;the original certificate of creation;the original approved final local entity plat; anda certified copy of the governor’s proclamation under Subsection (1).
(4) The new county that is the subject of the lieutenant governor’s certificate of creation under Section 67-1a-6.5 is a county of the state from and after January 1 following the issuance of the lieutenant governor’s certificate of creation.The effective date of the creation of a new county for purposes of assessing property within the county is governed by Section 59-2-305.5.Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of the new county, the new county may not:levy or collect a property tax on property in the county;levy or collect an assessment on property in the county; orcharge or collect a fee for service provided to property within the county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-403 - County seat, selection by election — First officers — Election.
(1) When a new county is created under the provisions of this chapter, the county legislative body of the seceding county from which the greatest portion of territory is taken to create the new county shall provide for an election to: select a county seat for the new county; andelect officers for the new county.
(2) If a new county is created during a year when no general election is scheduled to be held, the seceding county from which the greatest portion of territory was taken shall call a special election to select a county seat and county officers for the new county:to be held on the first Tuesday after the first Monday of November following; andto be conducted under the laws providing for general elections.
(3) The county clerk of the seceding county from which the greatest portion of territory is taken shall ensure that only voters who are residents of the new county vote in an election or special election described in this section.
(4) Except as provided in Subsection (4)(c), in an election or special election to select a county seat for the new county, the county clerk of the seceding county described in Subsection (2) shall:list all cities and towns located in the new county on a ballot for a new county seat; orlist the five most populous cities and towns located in the new county, if there are at least five cities and towns located in the new county, on a ballot for a new county seat.The city or town in the new county receiving the largest number of votes for designation as county seat shall be the county seat of the new county.If the county seat of a seceding county is included in the new county created under this part:the county seat of the seceding county shall be the county seat of the new county; anda new county seat of the seceding county shall be chosen in accordance with the requirements of Utah Constitution, Article XI, Section 2.
(5) In an election for county officers for the new county, the county clerk of the seceding county described in Subsection (2) shall:accept candidates for county officers for the new county in the same manner as described in Title 20A, Election Code; andensure that all candidates who meet the requirements established by law for county office are listed on the ballot for the election or special election of county officers for the new county.
(6) The new county shall reimburse the seceding county described in Subsection (2) for the expenses of an election or special election held under this section within one year from the day on which the election or special election is held.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-404 - Records to be transmitted — Expenses for transcribing and transfer.
(1) Whenever a new county is created under the provisions of this part, the county executive of the seceding county shall furnish to the respective officers of the new county, in a form suitable for creating permanent records, certified copies of all records or parts of records pertaining to or affecting the title of real or personal property in the new county.The certified copies described in Subsection (1)(a) shall be complete as of the effective creation date of the new county.The original records, books, maps, or plats, whether filed or recorded, or filed papers which exclusively relate to or affect the title to land in the new county or which affect personal property owned by residents of the new county, shall be transferred by the seceding county to the custody of the relevant county officer of the new county.For a record of any antecedent county that has been compiled or arranged in a manner that the record may be divided by segregating the instruments that relate to or affect exclusively the title to land in the new county or personal property owned by residents of the new county, the record shall be divided and the separate parts of the divided record shall be the property of the county to which the information within the record relates.
(2) The county clerk of a seceding county shall transfer to the new county:except as provided in Subsection (2)(a)(ii), original records in the possession of the seceding county of all corporations whose principal place of business is situated in the new county; orif the original record of a corporation is unavailable, or it is otherwise impractical to transfer an original record, a certified copy of the original record in the possession of the seceding county pertaining to any corporation whose principal place of business is situated in the new county along with all original documents, files, and papers relating to the corporation;except as provided in Subsection (2)(b)(ii), certified copies of all recorded official bonds of county officers within the new county in force at the time the new county is created; orif the official bond of a county officer is recorded in such manner that the original record may be transferred to the new county, the official bond;bonds of local officers within the new county which are required by law to be filed, if in the possession of the seceding county;official registers, books, papers, and files of every description relating to or affecting elections, both general and local, which shall have been held in any district, precinct, or other subdivision wholly within the new county that are in the possession of the seceding county;certified copies of the last election proceedings had in any districts which are partly in the new county and partly in the seceding county;records, maps, plats, files, and papers relating to or affecting the creation, regulation and operation of irrigation, drainage and mosquito abatement districts which are wholly within the new county and in the possession of the seceding county; andcertified copies of records, maps, plats, files, and papers relating to and affecting the creation, regulation and operation of irrigation, drainage, and mosquito abatement districts which are partly in the new and partly in the seceding county.
(3) All expenses lawfully incurred by a seceding county for transcribing, copying, and transferring records provided for in this section shall be reimbursed from the general funds of the new county no later than 30 days from the day on which the record is transferred to the new county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-405 - Effect on precincts and school and other districts — Indebtedness.
(1) All precincts, school districts, road districts, and election districts entirely in the new county that existed before the creation of the new county:continue; andbecome precincts, school districts, road districts, and election districts of the new county.
(2) The respective officers of the precincts, school districts, road districts, and election districts described in Subsection (1) shall hold office until the expiration of the terms for which the officers were elected or appointed.
(3) If a precinct, school district, road district, or election district is divided as a result of the creation of a new county: the precinct, school district, road district, or election district shall be disorganized; andthe property and territory of the precinct, school district, road district, or election district shall be subject to the action of the county legislative body of the respective counties in which the property or territory is located as to reorganization thereof or adding the same to other like subdivisions already organized.
(4) Any bonded or other indebtedness of any school district described in Subsection (3) attaches and becomes the obligation of the district that shall be created out of the territory that shall retain the buildings and other property of the original district or to the district to which the same may be added.
(5) All bonded or other indebtedness of a seceding county shall attach to and become the obligation of the new county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-406 - Pending civil and criminal actions — Prior offenses.
(1) All civil and criminal actions that are pending in the territory embraced in a new county shall be prosecuted to judgment and execution in the new county.
(2) All actions pending in the district court or the juvenile court in any county shall be prosecuted to judgment and execution in the county in which the same are pending, subject to change of venue as provided by law.
(3) An offense that was committed within the boundaries of a new county before the new county was created may be prosecuted to judgment and execution in the new county.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-61-407 - Division of taxes.
(1) When a new county is created under the provisions of this part and the county officers of the new county have been elected:the county treasurer of the seceding county shall provide to the county treasurer of the new county a certified list of all taxes collected by the county treasurer of the seceding county for the preceding year upon the property located within the portion of the seceding county that has become a part of the new county; andsubject to Subsection (2), the county treasurer of the seceding county shall provide to the county treasurer of the new county the county, school district, or other special tax revenue collected by the county treasurer of the seceding county for the preceding year within territory that has become part of the new county.
(2) Before furnishing the revenue described in Subsection (1)(b) to the new county, the seceding county may retain: the pro rata cost of assessing and collecting the county, school district, or other special tax revenue collected by the seceding county; andthe entire cost of making the certified lists described in Subsection (1)(a).
Renumbered and Amended by Chapter 13, 2025 Special Session 1