From Deseret News archives:

Incorporation law flawed, Wasatch officials say

Published: Sunday, March 2, 2008 12:26 a.m. MST
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Members of the Wasatch County Council met with Utah House Speaker Greg Curtis, R-Sandy, recently to discuss concerns about a controversial town incorporation law passed in 2007.

The meeting occurred just one day after the County Council denied incorporation petitions for two new towns. A third incorporation petition, for the proposed resort town of Aspen, was denied in late 2007.

The council had been trying to meet with Curtis for some time, said Council Chairman Steve Farrell. The meeting time was secured Wednesday afternoon.

Issues arising from the incorporation law attracted statewide attention after Bryce Canyon City was incorporated by the owner of Ruby's Inn soon after the 2007 law was passed. Many believe the law favored developers at the expense of residents and homeowners.

"This bad law HB644 has divided our community," said Wasatch County resident Julia Connery. "Friends and neighbors are screaming and blaming."

The council members in the meeting were Farrell, Jay Price, Michael Kohler and Val Draper.

Also at the meeting was the county's attorney, Thomas Low; Rep. Mel Brown, R-Coalville, sponsor of the controversial bill; and House Majority Whip Gordon Snow, R-Roosevelt.

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Bills in both the House and Senate have been drafted that would correct some of the problems created by the 2007 law. As of Thursday, however, the bills' language was not official, and no progress toward passage had been made on the bills. The House law is sponsored by Brown.

During Thursday's meeting, the public officials discussed changing the bills so they would not punish any pending incorporations. They also discussed ways to give residents more power over incorporation of their land, Farrell said.

"The speaker was concerned that those who filed under the old law not be penalized," Farrell said. "I thought it was a very positive meeting. It was a meeting to get everybody on the table."

The council's decision to deny the petitions was also discussed briefly, Farrell and Price said. Curtis told the council members the petitioners who failed would have to continue fighting in court but should be allowed to fight based on the 2007 law.

All parties involved said the House leadership did not attempt to sway the county concerning the incorporations.

"We just talked about the legislation," Curtis said. "What we were trying to accomplish, what they wanted to accomplish and where, what should be the way of handling those petitions that are currently in process."


Contributing: Leigh Dethman
E-mail: rpalmer@desnews.com

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