17C-2-304.  Challenging a development impediment determination — Time limit — De novo review.

(1)  If the board makes a development impediment determination under Subsection 17C-2-102(1)(a)(ii)(B) and that determination is approved by resolution adopted by the taxing entity committee, a record owner of property located within the proposed urban renewal project area may challenge the determination by filing an action with the district court for the county in which the property is located.

Terms Used In Utah Code 17C-2-304

  • Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
  • 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
  • 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
  • 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
  • Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-1-102
    • (2)  A person shall file a challenge under Subsection (1) within 30 days after the taxing entity committee approves the board’s development impediment determination.

    (3)  In each action under this section, the district court shall review the development impediment determination under the standards of review provided in Subsection 10-9a-801(3).

    Amended by Chapter 376, 2019 General Session

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