17C-5-402.  Development impediment determination in a community reinvestment project area — Prerequisites — Restrictions.

(1)  An agency shall comply with the provisions of this section before the agency may use eminent domain to acquire property under 9.

Terms Used In Utah Code 17C-5-402

  • Community: means a county or municipality. 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
  • Development impediment hearing: means a public hearing regarding whether a development impediment exists within a proposed:
(a) urban renewal project area under Subsection 17C-2-102(1)(a)(i)(C) and Section 17C-2-302; or
(b) community reinvestment project area under Section 17C-5-404. 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.
  • 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
  • Survey area: means a geographic area designated for study by a survey area resolution to determine whether:
    (a) one or more project areas within the survey area are feasible; or
    (b) a development impediment exists within the survey area. See Utah Code 17C-1-102
    (2)  An agency shall, after adopting a survey area resolution as described in Section 17C-5-103:

    (a)  cause a development impediment study to be conducted within the survey area in accordance with Section 17C-5-403;

    (b)  provide notice and hold a development impediment hearing in accordance with 8; and

    (c)  after the development impediment hearing, at the same or at a subsequent meeting:

    (i)  consider the evidence and information relating to the existence or nonexistence of a development impediment; and

    (ii)  by resolution, make a determination regarding whether a development impediment exists in all or part of the survey area.

    Amended by Chapter 376, 2019 General Session

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