17C-1-1004.  Plan hearing — Implementation plan — Use of an agency’s property tax revenue — Eminent domain.

(1)  Before an agency may levy a property tax, an agency board shall hold a plan hearing in accordance with 8, to:

Terms Used In Utah Code 17C-1-1004

  • Agency-wide project development: means activity within the agency's boundaries that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of achieving the results described in an implementation plan, including affordable housing. See Utah Code 17C-1-1001
  • Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
  • Community: means a county or municipality. See Utah Code 17C-1-102
  • Housing allocation: means project area funds allocated for housing under Section 17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412. See Utah Code 17C-1-102
  • Implementation plan: means a plan adopted in accordance with Section 17C-1-1004 that:
(a) describes how the agency uses property tax revenue; and
(b) guides and controls agency-wide project development. See Utah Code 17C-1-1001
  • Land: includes :Utah Code 68-3-12.5
  • Plan hearing: means the public hearing on a proposed project area plan required under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d) for a community development project area plan, or Subsection 17C-5-104(3)(e) for a community reinvestment project area plan. See Utah Code 17C-1-102
  • 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
  • Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
  • Property tax revenue: means the amount of revenue generated by an agency from the property within the agency using the current taxable value of the property and the agency's certified tax rate. See Utah Code 17C-1-1001
  • Taxing entity: means a public entity that:
    (a) levies a tax on property located within a project area; or
    (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
    (a)  adopt an implementation plan that:

    (i)  contains a boundary description and a map of the geographic area within which the agency will use the agency’s property tax revenue;

    (ii)  contains a general description of the existing land uses, zoning, infrastructure conditions, population densities, and demographics of the area described in Subsection (1)(b)(i);

    (iii)  describes the physical, social, and economic conditions that exist in the area described in Subsection (1)(b)(i);

    (iv)  describes the goals and strategies that will guide the agency’s use of property tax revenue;

    (v)  shows how agency-wide project development will further the purposes of this title;

    (vi)  is consistent with the general plan of the community that created the agency and shows that agency-wide project development will conform to the community’s general plan;

    (vii)  generally describes the type of financial assistance and tools that the agency anticipates providing to participants;

    (viii)  includes an analysis or description of the anticipated public benefits resulting from agency-wide project development, including benefits to economic activity and taxing entities’ tax bases;

    (ix)  includes any identified geographic target areas within which the agency will focus investment; and

    (x)  includes other information that the agency determines to be necessary or advisable;

    (b)  inform the public about:

    (i)  the amount of revenue that the agency will receive as property tax revenue that a participating taxing entity would have otherwise received;

    (ii)  the property tax rate that the agency will levy;

    (iii)  any changes to the use of revenue; and

    (iv)  how the agency will be using property tax revenue under the implementation plan; and

    (c)  allow individuals present at the plan hearing to comment on the proposed property tax.

    • (2)  An agency that levies a property tax under this part shall allocate an amount of property tax revenue for housing:

    (a)  in an amount that is the same as the agency’s housing allocation under Section 17C-5-307 before entering into an interlocal agreement under Section 17C-1-1002; and

    (b)  for a period of time that is the same as the agency’s project area funds collection period before entering into an interlocal agreement under Section 17C-1-1002.

    (3) 

    (a)  Except as provided in Subsection (3)(b), an agency that levies a property tax under this part may not use eminent domain to acquire property for agency-wide project development.

    (b)  An agency that levies a property tax under this part may use eminent domain for an urban renewal project area or a community reinvestment project area in accordance with 9.

    Enacted by Chapter 214, 2021 General Session

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