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Utah County Commission approves several property-tax adjustments, continues disputed Utah Lake parcel to Sept. 14

June 22, 2022 | Utah County Commission Meeting Minutes, Utah County Commission, Utah County Commission and Boards, Utah County, Utah


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Utah County Commission approves several property-tax adjustments, continues disputed Utah Lake parcel to Sept. 14
The Utah County Commission voted to approve a set of property-tax adjustments Tuesday, agreeing to a refund request from a business, a partial abatement for a homeowner with a recent family bereavement, and to continue action on a complex Utah Lake parcel until Sept. 14 so staff and the owner can pursue Greenbelt status.

Commissioner Lee moved to approve the property-tax actions as described: leave the Prime Time Real Estate account as currently treated, grant Revere Health the refund requested to correct a duplicate 2020 personal-property filing, continue the Holdaway parcel matter to Sept. 14 to allow Greenbelt application work, and abate half of the penalties and interest for the Besant property. An unnamed commissioner seconded; the motion passed by voice vote.

Why it matters: the Holdaway parcel touches Utah Lake and has been subject to decades of boundary litigation involving state and federal claims. If the county placed the parcel in tax sale before ownership questions are resolved, purchasers could never obtain clear title, attorneys warned.

What the commission heard: Adam Beck of the County Attorney's Office told commissioners the county'level recommendation favored full tax payment but acknowledged the legal complexity. "Our recommendation is that they pay the taxes in full," Beck said during discussion, while holding open the commission'level discretion under state law.

Holdaways' counsel Robert Fillerup, who has represented the family in boundary litigation, urged a discretionary adjustment under Utah Code section 59'2'13'47, arguing the code allows the commission broad authority. "If it goes to tax sale, the purchaser of that property at tax sale can never ever legally obtain title," Fillerup said, describing how federal and state settlements have complicated title questions and triggered Greenbelt rollback assessments.

On Revere Health, assessor Paulette Stetzer said the office traced the error to duplicate records submitted by the company and recommended honoring the refund request that would correct the duplicate assessment. "It was information provided to our office for 2020's filing," Stetzer said, and she confirmed the office was notified in December 2021 and adjusted subsequent years.

On the Besant (Beasant) appeal, Treasurer Jeanne Bowen recounted assisting the taxpayer with an appeal and explained the family had been at hospice during the months the owner was out of the country. Bowen described having helped the owner with the appeal paperwork. Commissioners agreed, on human'interest grounds, to abate half of the penalties and interest assessed.

Next steps: the Holdaway parcel was continued to a date certain (Sept. 14) so the owner can submit a Greenbelt application and staff can prepare valuation options (including applying a lower 2016 market appraisal, abating rollback liability contingent on Greenbelt approval, or other adjustments). For Revere Health and Besant, the commission directed staff to process the refund and abatement as approved.

Provenance: The article is based on the commission'level discussion and votes recorded in the meeting transcript; the Holdaway counsel repeatedly cited Utah Code section 59'2'13'47 as the statutory basis for commission discretion.

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