Utah Admin. Code 850-140-500

Current through Bulletin 2024-23, December 1, 2024
Section R850-140-500 - Development Transactions - Approval of Minor Development Transactions
1. For purposes of this rule, a minor development transaction is a proposed development transaction that:
(a) involves a projected commitment of trust lands or assets of less than $5 million; or
(b) if the proposed development transaction is a joint venture or Other Business Arrangement, involves a projected commitment of trust lands or assets of less than $2 million.
2. The agency shall provide the board with the following information with respect to a proposed minor development transaction:
(a) a description of the parties to and terms of the proposed transaction;
(b) an economic analysis of the proposed transaction;
(c) a description of the competitive or advertising process used in soliciting offers for the transaction;
(d) a declaration of staff conflicts of interest, if any;
(e) if the transaction will involve the subordination of trust assets in connection with a joint venture or Other Business Arrangement, a description of the assets and an analysis of relevant risks to those assets; and
(f) other relevant information derived from the agency's due diligence activities.
3. The board must approve any proposed minor development transaction that is a joint venture or Other Business Arrangement in accordance with Subsection 53C-1-303(4)(e).
4. The director may approve any proposed minor development transaction that is not a joint venture or Other Business Arrangement after compliance with Subsection R850-140-500(2).
5. The board or director, as appropriate, may approve, conditionally approve, or reject any proposed minor development transaction consistent with their fiduciary obligations.

Utah Admin. Code R850-140-500

Amended by Utah State Bulletin Number 2022-20, effective 10/11/2022