17C-5-404. Development impediment hearing — Owners may review evidence of a development impediment.
(1)
In a hearing required under Subsection 17C-5-402(2)(b), an agency shall:
Terms Used In Utah Code 17C-5-404
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.
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
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
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 survey area to be presented; and
(b)
permit each record owner of property located within the survey area or the record property owner’s representative the opportunity to:
(i)
examine and cross-examine each witness that provides 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.
(2)
An agency shall allow each record owner of property located within a survey area the opportunity, for at least 30 days before the day on which the hearing takes place, 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.
