Loophole is closed on town incorporation

Published: Wednesday, March 5, 2008 12:35 a.m. MST
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Legislators on Tuesday gave final approval to a bill that closed up a town incorporation loophole that allowed developers to rush in and start new towns without the consent of the people living in the affected area.

But lawmakers failed to bail out the residents of the proposed town of Powder Mountain and three would-be town incorporators in Wasatch County. An amendment to make the bill retroactive and stop all incorporation petitions filed after Jan. 1, 2008, failed in the Senate.

HB164 closes up most of the loopholes caused by a messy bill pushed through at the tail end of the 2007 Legislative session. That bill allowed developers to incorporate a town if there are at least 100 residents and there is support from landowners possessing more than 50 percent of the property's market value and more than 50 percent of the land within the area proposed.

Now, HB164 will define several steps developers must go through to incorporate a town, and residents will have a say nearly every step of the way.

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