Section 1004 – Plan hearing — Implementation plan — Use of an agency’s property tax revenue — Eminent domain.

• (1) Before an agency may levy a property tax, an agency board shall hold a plan hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements, to:
  • (a) adopt an implementation plan that:
    • (i) contains a boundary description and a map of the geographic area within which the agency will use the agency’s property tax revenue;
    • (ii) contains a general description of the existing land uses, zoning, infrastructure conditions, population densities, and demographics of the area described in Subsection (1)(b)(i);
    • (iii) describes the physical, social, and economic conditions that exist in the area described in Subsection (1)(b)(i);
    • (iv) describes the goals and strategies that will guide the agency’s use of property tax revenue;
    • (v) shows how agency-wide project development will further the purposes of this title;
    • (vi) is consistent with the general plan of the community that created the agency and shows that agency-wide project development will conform to the community’s general plan;
    • (vii) generally describes the type of financial assistance and tools that the agency anticipates providing to participants;
    • (viii) includes an analysis or description of the anticipated public benefits resulting from agency-wide project development, including benefits to economic activity and taxing entities’ tax bases;
    • (ix) includes any identified geographic target areas within which the agency will focus investment; and
    • (x) includes other information that the agency determines to be necessary or advisable;
  • (b) inform the public about:
    • (i) the amount of revenue that the agency will receive as property tax revenue that a participating taxing entity would have otherwise received;
    • (ii) the property tax rate that the agency will levy;
    • (iii) any changes to the use of revenue; and
    • (iv) how the agency will be using property tax revenue under the implementation plan; and
  • (c) allow individuals present at the plan hearing to comment on the proposed property tax.

• (2) An agency that levies a property tax under this part shall allocate an amount of property tax revenue for housing:
  • (a) in an amount that is the same as the agency’s housing allocation under Section 17C-5-307 before entering into an interlocal agreement under Section 17C-1-1002; and
  • (b) for a period of time that is the same as the agency’s project area funds collection period before entering into an interlocal agreement under Section 17C-1-1002.

• (3)
  • (a) Except as provided in Subsection (3)(b), an agency that levies a property tax under this part may not use eminent domain to acquire property for agency-wide project development.
  • (b) An agency that levies a property tax under this part may use eminent domain for an urban renewal project area or a community reinvestment project area in accordance with Part 9, Eminent Domain.

Enacted by Chapter 214, 2021 General Session