17C-5-406.  Challenging a finding of development impediment determination — Time limit — Standards governing court review.

(1)  If a board makes a development impediment determination under Subsection 17C-5-402(2)(c)(ii), a record owner of property located within the survey area may challenge the determination by filing an action in the district court in the county in which the property is located no later than 30 days after the day on which the board makes the determination.

Terms Used In Utah Code 17C-5-406

  • 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
  • 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.
  • 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
  • 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)  In an action under this section:

(a)  the agency shall transmit to the district court the record of the agency’s proceedings, including any minutes, findings, determinations, orders, or transcripts of the agency’s proceedings;

(b)  the district court shall review the development impediment determination under the standards of review provided in Subsection 10-9a-801(3); and

(c) 

(i)  if there is a record:

(A)  the district court’s review is limited to the record provided by the agency; and

(B)  the district court may not accept or consider any evidence outside the record of the agency, unless the evidence was offered to the agency and the district court determines that the agency improperly excluded the evidence; or

(ii)  if there is no record, the district court may call witnesses and take evidence.

Amended by Chapter 376, 2019 General Session

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