Current through the 2024 Third Special Session
Section 78B-21-104 - Scope - Exclusions(1) Except as otherwise provided in Subsection (2) or (3), this chapter applies to a receivership for an interest in real property and any personal property related to or used in operating the real property.(2) This chapter does not apply to a receivership for an interest in real property improved by one to four dwelling units unless: (a) the interest is used for agricultural, commercial, industrial, or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owner's primary residence;(b) the interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral-extraction purposes;(c) the owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owner's business; or(d) the owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.(3) This chapter does not apply to a receivership authorized by law of this state other than this chapter in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the governmental unit.(4) This chapter does not limit the authority of a court to appoint a receiver under other state law.(5) Unless displaced by a particular provision of this chapter, the principles of law and equity supplement this chapter.Added by Chapter 431, 2017 General Session ,§ 4, eff. 5/9/2017.