§17-27-11. Material Default; Remedies
(a) Except upon written agreement of the developer and any other parties identified in the comprehensive agreement, the division may exercise any or all of the following remedies provided in this section or elsewhere in this article to remedy any material default that has occurred or may continue to occur. (1) To elect to take […]
§17-27-12. Governmental Entities Prohibited From Pledging Full Faith and Credit
The full faith and credit of the state, or any county, municipality or political subdivision of the state may not be pledged to secure any financing of the developer in connection with the acquisition, construction or equipping of a qualifying transportation facility.
§17-27-13. Condemnation
(a) At the request of the developer, the division may exercise the power of condemnation that it has under law for the purpose of acquiring any lands or estates or interests in any lands or estates to the extent that the division finds that the action serves the public purpose of this article. Any amounts […]
§17-27-14. Utility Crossings
The developer and each county, municipality, public service district, utility, railroad, and cable television provider whose facilities are to be crossed or affected shall cooperate fully with the other in planning and arranging the manner of the crossing or relocation of the facilities. Any entity possessing the power of condemnation is expressly granted the powers […]
§17-27-15. Dedication of Assets
The division shall terminate the developers authority and duties under this article on the date set forth in the comprehensive agreement. Upon termination, the duties of the developer and division under this article cease and the qualifying transportation facility shall be dedicated to the division for public use.
§17-27-16. Qualifying a Transportation Facility as a Public Improvement
Comprehensive agreements entered into pursuant to this article are exempt from the provisions of 5-22-1 et seq. of this code. The provisions 21-1C-1 et seq. of this code apply to the construction of all qualifying transportation facilities approved under this article.
§17-27-17. Exemptions From Taxation
(a) The exercise of the powers granted in this article will be in all respects for the benefit of the people of this state, for the improvement of their health, safety, convenience and welfare and for the enhancement of their residential, agricultural, recreational, economic, commercial and industrial opportunities and is a public purpose. As the […]
§17-27-18. Construction
The provisions of this article are remedial and shall be liberally construed and applied so as to promote the purposes set out in section one of this article.
§17-27-6. Service Contracts
In addition to any authority otherwise conferred by law, any public entity may contract for services to be provided for a qualifying transportation facility in exchange for service payments and other consideration as the division determines appropriate.
§17-27-7. Dedication of Public Property
Any public entity may dedicate any property interest that it has for public use as a qualified transportation facility if it finds it will serve the public purpose of this article. In connection with the dedication, a public entity may convey any property interest that it has to a developer or the division for any […]