Section 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 described in Section 17C-5-103:
  • (a) cause a development impediment study to be conducted within the survey area in accordance with Section 17C-5-403;
  • (b) provide notice and hold a development impediment hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements; and
  • (c) after the development impediment hearing, at the same or at a subsequent meeting:
    • (i) consider the evidence and information relating to the existence or nonexistence of a development impediment; and
    • (ii) by resolution, make a determination regarding whether a development impediment exists in all or part of the survey area.

Amended by Chapter 376, 2019 General Session