Section 402 – Development impediment determination in a community reinvestment project area — Prerequisites — Restrictions.
Effective 5/14/2019 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 Chapter 1, Part 9, Eminent Domain. (2) An agency shall, after adopting a survey area resolution as […]
Section 403 – Development impediment study — Requirements — Deadline.
Effective 5/14/2019 17C-5-403. Development impediment study — Requirements — Deadline. (1) An agency shall ensure that a development impediment study: (a) undertakes a parcel by parcel survey of the survey area; (b) provides data so the board may determine: (i) whether the conditions described in Section 17C-5-405: (A) exist in part or all of the […]
Section 404 – Development impediment hearing — Owners may review evidence of a development impediment.
Effective 5/14/2019 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: (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 […]
Section 405 – Conditions on a development impediment determination — Conditions of a development impediment caused by a participant.
Effective 5/14/2019 17C-5-405. Conditions on a development impediment determination — Conditions of a development impediment caused by a participant. (1) A board may not make a development impediment determination in a resolution under Subsection 17C-5-402(2)(c)(ii) unless the board finds that: (a) (i) the survey area consists predominantly of nongreenfield parcels; (ii) the survey area is […]
Section 406 – Challenging a finding of development impediment determination — Time limit — Standards governing court review.
Effective 5/14/2019 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 […]