17C-1-207.  Public entities may assist with project area development — Notice requirements.

(1)  In order to assist and cooperate in the planning, undertaking, construction, or operation of project area development within an area in which the public entity is authorized to act, a public entity may:

Terms Used In Utah Code 17C-1-207

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
(a) promoting, creating, or retaining public or private jobs within the state or a community;
(b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
(c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
(d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
(e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
(f) providing open space, including streets or other public grounds or space around buildings;
(g) providing public or private buildings, infrastructure, structures, or improvements;
(h) relocating a business;
(i) improving public or private recreation areas or other public grounds;
(j) eliminating a development impediment or the causes of a development impediment;
(k) redevelopment as defined under the law in effect before May 1, 2006; or
(l) any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
  • Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public entity: means :
    (a) the United States, including an agency of the United States;
    (b) the state, including any of the state's departments or agencies; or
    (c) a political subdivision of the state, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity. See Utah Code 17C-1-102
    (a) 

    (i)  provide or cause to be furnished:

    (A)  parks, playgrounds, or other recreational facilities;

    (B)  community, educational, water, sewer, or drainage facilities; or

    (C)  any other works which the public entity is otherwise empowered to undertake;

    (ii)  provide, furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other places;

    (iii)  in any part of the project area:

    (A) 

    (I)  plan or replan any property within the project area;

    (II)  plat or replat any property within the project area;

    (III)  vacate a plat;

    (IV)  amend a plat; or

    (V)  zone or rezone any property within the project area; and

    (B)  make any legal exceptions from building regulations and ordinances;

    (iv)  purchase or legally invest in any of the bonds of an agency and exercise all of the rights of any holder of the bonds;

    (v)  notwithstanding any law to the contrary, enter into an agreement for a period of time with another public entity concerning action to be taken pursuant to any of the powers granted in this title;

    (vi)  do anything necessary to aid or cooperate in the planning or implementation of the project area development;

    (vii)  in connection with the project area plan, become obligated to the extent authorized and funds have been made available to make required improvements or construct required structures; and

    (viii)  lend, grant, or contribute funds to an agency for project area development or proposed project area development, including assigning revenue or taxes in support of an agency bond or obligation; and

    (b)  for less than fair market value or for no consideration, and subject to Subsection (3):

    (i)  purchase or otherwise acquire property from an agency;

    (ii)  lease property from an agency;

    (iii)  sell, grant, convey, donate, or otherwise dispose of the public entity’s property to an agency; or

    (iv)  lease the public entity’s property to an agency.

    • (2)  The following are not subject to Section 10-8-2, 17-50-312, or 17-50-303:

    (a)  project area development assistance that a public entity provides under this section; or

    (b)  a transfer of funds or property from an agency to a public entity.

    (3)  A public entity may provide assistance described in Subsection (1)(b) no sooner than 15 days after the day on which the public entity completes the requirements for publishing notice of the assistance for the public entity’s jurisdiction, as a class A notice under Section 63G-30-102, for at least 15 days.

    Amended by Chapter 435, 2023 General Session

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