17C-2-302. Development impediment hearing — Owners may review evidence of a development impediment.
| (1) |
In each hearing required under Subsection 17C-2-102(1)(a)(i)(C), the agency shall:
Terms Used In Utah Code 17C-2-302- Development impediment: means a condition of an area that meets the requirements described in Section 17C-2-303 for an urban renewal project area or Section 17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102
- Development impediment study: means a study to determine whether a development impediment exists within a survey area as described in Section 17C-2-301 for an urban renewal project area or Section 17C-5-403 for a community reinvestment project area. See Utah Code 17C-1-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :Utah Code 68-3-12.5
- Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- record owner of property: means the owner of real property, as shown on the records of the county in which the property is located, to whom the property's tax notice is sent. See Utah Code 17C-1-102
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
| (a) |
permit all evidence of the existence or nonexistence of a development impediment within the proposed urban renewal project area to be presented; and |
| (b) |
permit each record owner of property located within the proposed urban renewal project area or the record property owner’s representative the opportunity to:
| (i) |
examine and cross-examine witnesses providing evidence of the existence or nonexistence of a development impediment; and |
| (ii) |
present evidence and testimony, including expert testimony, concerning the existence or nonexistence of a development impediment. |
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| (2) |
The agency shall allow record owners of property located within a proposed urban renewal project area the opportunity, for at least 30 days before the hearing, to review the evidence of a development impediment compiled by the agency or by the person or firm conducting the development impediment study for the agency, including any expert report. |
Amended by Chapter 376, 2019 General Session
