reglab/housing_qa huggingface dataset:
UT Code § 17C-5-402 (2021)
2021 Utah Code|Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act|Chapter 5 - Community Reinvestment|Part 4 - Development Impediment Determination in a Community Reinvestment Project Area|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 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
UT Code § 17C-5-404 (2021)
2021 Utah Code|Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act|Chapter 5 - Community Reinvestment|Part 4 - Development Impediment Determination in a Community Reinvestment Project Area|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 within the survey area or the record property owner's representative the opportunity to:   (i) examine and cross-examine each witness that provides evidence of the existence or nonexistence of a development impediment; and     (ii) present evidence and testimony, including expert testimony, concerning the existence or nonexistence of a development impediment.         (2) An agency shall allow each record owner of property located within a survey area the opportunity, for at least 30 days before the day on which the hearing takes place, to review the evidence of a development impediment compiled by the agency or by the person or firm conducting the development impediment study for the agency, including any expert report.    Amended by Chapter 376, 2019 General Session
UT Code § 17C-5-406 (2021)
2021 Utah Code|Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act|Chapter 5 - Community Reinvestment|Part 4 - Development Impediment Determination in a Community Reinvestment Project Area|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 in which the property is located no later than 30 days after the day on which the board makes the determination.     (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
UT Code § 17D-1-101 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 1 - General Provisions|Section 101 - Title.

17D-1-101. Title.    (1) This title is known as "Limited Purpose Local Government Entities - Other Entities."     (2) This chapter is known as the "Special Service District Act."    Enacted by Chapter 360, 2008 General Session
UT Code § 17D-1-104 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 1 - General Provisions|Section 104 - Property owner provisions -- Determination of registered voters.

17D-1-104. Property owner provisions -- Determination of registered voters.    (1) For purposes of this chapter:   (a) the owner of real property is:   (i) except as provided in Subsection (1)(a)(ii), the fee title owner according to the records of the county recorder on the date of the filing of the petition or protest; or     (ii) for a proposed annexation or addition of a new service under Part 4, Annexing a New Area and Adding a New Service, the lessee of military land, as defined in Section 63H-1-102, if the area proposed to be annexed or within which a new service is proposed to be added includes military land that is within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act; and       (b) the value of private real property is determined according to the last assessment before the filing of the petition or protest, as determined by:   (i)   (A) the county under Title 59, Chapter 2, Part 3, County Assessment, for property subject to assessment by the county; or     (B) the State Tax Commission under Title 59, Chapter 2, Part 2, Assessment of Property, for property subject to assessment by the State Tax Commission; and       (ii) the county, for all other property.         (2) For purposes of each provision of this chapter that requires the owners of private real property covering a percentage of the total private land area within the applicable area to sign a petition or protest:   (a) a parcel of real property may not be included in the calculation of the required percentage unless the petition or protest is signed by:   (i) except as provided in Subsection (2)(a)(ii), owners representing a majority ownership interest in that parcel; or     (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that parcel;       (b) the signature of a person signing a petition or protest in a representative capacity on behalf of an owner is invalid unless:   (i) the person's representative capacity and the name of the owner the person represents are indicated on the petition or protest with the person's signature; and     (ii) the person provides documentation accompanying the petition or protest that reasonably substantiates the person's representative capacity; and       (c) subject to Subsection (2)(b), a duly appointed personal representative may sign a petition or protest on behalf of a deceased owner.       (3) For purposes of this chapter, registered voters shall be determined according to the official register.    Amended by Chapter 92, 2009 General Session
UT Code § 17D-1-105 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 1 - General Provisions|Section 105 - Authority of county or municipality to levy property tax on property within a special service district.

17D-1-105. Authority of county or municipality to levy property tax on property within a special service district.    (1) Subject to Subsections (2) and (3), a county or municipality that has created a special service district may levy a tax on the taxable property in the special service district.     (2) Each levy under Subsection (1) is subject to the prior approval of a majority of the registered voters of the special service district voting in an election held for that purpose under Title 11, Chapter 14, Local Government Bonding Act, in the same manner as for an election for the issuance of bonds.     (3) A tax levied under this section for a special service district that provides jail service as provided in Subsection 17D-1-201(10) is considered to be levied by the county for purposes of the county's tax limitation under Section 59-2-908.    Enacted by Chapter 360, 2008 General Session
UT Code § 17D-1-106 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 1 - General Provisions|Section 106 - Special service districts subject to other provisions.

 Effective 5/12/2020  17D-1-106. Special service districts subject to other provisions.    (1) A special service district is, to the same extent as if it were a local district, subject to and governed by:   (a)   (i) Sections 17B-1-105, 17B-1-107, 17B-1-108, 17B-1-110, 17B-1-111, 17B-1-113, 17B-1-116, 17B-1-118, 17B-1-119, 17B-1-120, 17B-1-121, 17B-1-304, 17B-1-307, 17B-1-310, 17B-1-311, 17B-1-312, 17B-1-313, and 17B-1-314; and     (ii) Sections 17B-1-305 and 17B-1-306, to the extent that a county legislative body or a municipal legislative body, as applicable, has delegated authority to an administrative control board with elected members, under Section 17D-1-301.       (b) Subsections:   (i)17B-1-301(3) and (4); and     (ii)17B-1-303(1), (2)(a) and (b), (3), (4), (5), (6), (7), and (9);       (c) Section 20A-1-512;     (d)Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;     (e)Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports;     (f)Title 17B, Chapter 1, Part 8, Local District Personnel Management; and     (g)Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.       (2) For purposes of applying the provisions listed in Subsection (1) to a special service district, each reference in those provisions to the local district board of trustees means the governing body.    Amended by Chapter 122, 2020 General Session
UT Code § 17D-1-107 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 1 - General Provisions|Section 107 - Contracts subject to building improvement and public works provisions.

17D-1-107. Contracts subject to building improvement and public works provisions.    (1) For each special service district created by a county, the legislative body of that county shall by ordinance designate the classes of special service district contracts that are subject to the requirements of Title 11, Chapter 39, Building Improvements and Public Works Projects.     (2) For each special service district created by a municipality, the legislative body of that municipality shall by ordinance designate the classes of special service district contracts that are subject to the requirements of Title 11, Chapter 39, Building Improvements and Public Works Projects.    Enacted by Chapter 360, 2008 General Session
UT Code § 17D-1-108 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 1 - General Provisions|Section 108 - Conflict.

17D-1-108. Conflict.  If a provision of this chapter conflicts with any other statutory provision, the provision of this chapter controls.  Enacted by Chapter 360, 2008 General Session
UT Code § 17D-1-109 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 1 - General Provisions|Section 109 - Validation of previously created special service districts.

17D-1-109. Validation of previously created special service districts.  Each special service district created before May 5, 2008 is validated, ratified, and confirmed and declared to be validly existing.  Enacted by Chapter 360, 2008 General Session
UT Code § 17D-1-201 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 2 - Creating a Special Service District|Section 201 - Services that a special service district may be created to provide.

 Effective 5/5/2021  17D-1-201. Services that a special service district may be created to provide.  As provided in this part, a county or municipality may create a special service district to provide any combination of the following services:  (1) water;     (2) sewerage;     (3) drainage;     (4) flood control;     (5) garbage collection and disposal;     (6) health care;     (7) transportation, including the receipt of federal secure rural school funds under Section 51-9-603 for the purposes of constructing, improving, repairing, or maintaining public roads;     (8) recreation;     (9) fire protection, including:   (a) emergency medical services, ambulance services, and search and rescue services, if fire protection service is also provided;     (b) Firewise Communities programs and the development of community wildfire protection plans; and     (c) the receipt of federal secure rural school funds as provided under Section 51-9-603 for the purposes of carrying out Firewise Communities programs, developing community wildfire protection plans, and performing emergency services, including firefighting on federal land and other services authorized under this Subsection (9);       (10) providing, operating, and maintaining correctional and rehabilitative facilities and programs for municipal, state, and other detainees and prisoners;     (11) street lighting;     (12) consolidated 911 and emergency dispatch;     (13) animal shelter and control;     (14) receiving federal mineral lease funds under Title 59, Chapter 21, Mineral Lease Funds, and expending those funds to be used in accordance with state and federal law;     (15) in a county of the first class, extended police protection;     (16) control or abatement of earth movement or a landslide;     (17) an energy efficiency upgrade, a renewable energy system, or electric vehicle charging infrastructure as defined in Section 11-42a-102, in accordance with Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act; or     (18) cemetery.    Amended by Chapter 339, 2021 General Session
UT Code § 17D-1-202 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 2 - Creating a Special Service District|Section 202 - Limitations on the creation of a special service district.

17D-1-202. Limitations on the creation of a special service district.    (1) Subject to Subsection (2), the boundary of a proposed special service district may include all or part of the area within the boundary of the county or municipality that creates the special service district.     (2)   (a) The boundary of a proposed special service district may not include an area included within the boundary of an existing special service district that provides the same service that the proposed special service district is proposed to provide.     (b) The boundary of a proposed special service district may not include an area included within the boundary of an existing local district that provides the same service that the proposed special service district is proposed to provide, unless the local district consents.     (c) A proposed special service district may not include land that will not be benefitted by the service that the special service district is proposed to provide, unless the owner of the nonbenefitted land consents to the inclusion.     (d) A county may not create a special service district that includes some or all of the area within a municipality unless the legislative body of that municipality adopts a resolution or ordinance consenting to the inclusion.       (3) All areas included within a special service district need not be contiguous.    Enacted by Chapter 360, 2008 General Session
UT Code § 17D-1-203 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 2 - Creating a Special Service District|Section 203 - Initiating the process to create a special service district.

17D-1-203. Initiating the process to create a special service district.    (1) The process to create a special service district is initiated by:   (a) the legislative body of a county or municipality that proposes to create a special service district adopting a resolution that:   (i) declares that the public health, convenience, and necessity require the creation of a special service district;     (ii) indicates the legislative body's intent to create a special service district; and     (iii) complies with the requirements of Subsection (3); or       (b) the filing of a petition that:   (i) proposes the creation of a special service district;     (ii) complies with the requirements of Subsections (2) and (3); and     (iii) is filed with the legislative body of the county or municipality in whose boundary the proposed special service district is located.         (2) Each petition under Subsection (1)(b) shall:   (a) be signed by:   (i) the owners of at least 10% of the taxable value of taxable property within the proposed special service district; or     (ii) at least 10% of the registered voters residing within the proposed special service district; and       (b) indicate:   (i) the residence address of each person who signs the petition; and     (ii) if the person signs the petition as a property owner, the address or other description of the person's property sufficient to identify the property.         (3) Each resolution under Subsection (1)(a) and petition under Subsection (1)(b) shall:   (a) describe the boundaries of the proposed special service district;     (b) specify each service that the special service district is proposed to provide; and     (c) designate a name for the proposed special service district.      Enacted by Chapter 360, 2008 General Session
UT Code § 17D-1-204 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 2 - Creating a Special Service District|Section 204 - Prerequisites for adopting a resolution or ordinance approving the creation of a special service district.

17D-1-204. Prerequisites for adopting a resolution or ordinance approving the creation of a special service district.  Before the legislative body of a county or municipality may adopt a resolution or ordinance under Section 17D-1-208 approving the creation of a special service district:  (1) the clerk or recorder, as the case may be, of the county or municipality shall give written notice as provided in Section 17D-1-205;     (2) the legislative body shall hold a public hearing, as provided in Section 17D-1-207; and     (3) the period for filing protests under Section 17D-1-206 shall have passed without adequate protests having been filed.    Amended by Chapter 350, 2009 General Session
UT Code § 17D-1-205 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 2 - Creating a Special Service District|Section 205 - Notice.

17D-1-205. Notice.    (1) Each notice required under Subsection 17D-1-204(1) shall:   (a) state that:   (i) the legislative body has adopted a resolution stating its intent to create a special service district; or     (ii) a petition has been filed proposing the creation of a special service district;       (b) describe the boundary of the proposed special service district;     (c) generally describe each service that the special service district is proposed to provide;     (d) state that taxes may be levied annually upon all taxable property within the proposed special service district;     (e) state that fees or charges may be imposed to pay for some or all of the services that the special service district is proposed to provide;     (f) explain the process, requirements, and timetable for filing a protest against the creation of the special service district or against a service that the special service district is proposed to provide;     (g) designate a date, time, and place for a public hearing on the proposed creation of the special service district; and     (h) except as provided in Subsection (2), be published:   (i)   (A) once a week for four consecutive weeks;     (B) not fewer than five days and no more than 20 days before the date of the public hearing required under Subsection 17D-1-204(2); and     (C) in a newspaper of general circulation in the county or municipality by which the special service district is proposed to be created; and       (ii) in accordance with Section 45-1-101 for 35 days before the date of the public hearing required under Subsection 17D-1-204(2).         (2) Notwithstanding Subsection (1)(h)(i), if the proposed special service district is located entirely within a city of the third, fourth, or fifth class or a town that has no newspaper of general circulation in the city or town, the legislative body of the city or town may provide that the notice required under Subsection 17D-1-204(1) be given by posting the notice in at least five public places in the city or town at least 21 days before the public hearing required under Subsection 17D-1-204(2).     (3) The legislative body of the county or municipality by which the special service district is proposed to be created may include in a notice under this section any other information that the legislative body considers necessary or appropriate.    Amended by Chapter 265, 2013 General Session
UT Code § 17D-1-206 (2021)
2021 Utah Code|Title 17D - Limited Purpose Local Government Entities - Other Entities|Chapter 1 - Special Service District Act|Part 2 - Creating a Special Service District|Section 206 - Protests.

17D-1-206. Protests.    (1) An interested person may protest:   (a) the creation of a special service district; or     (b) a service that the special service district is proposed to provide.       (2) Each protest under Subsection (1) shall:   (a) be in writing;     (b) be submitted:   (i) to the legislative body of the county or municipality by which the special service district is proposed to be created; and     (ii) no later than 60 days after the public hearing required under Subsection 17D-1-204(2); and       (c) explain why the person is protesting.       (3) A person who submitted a written protest against the creation of a special service district may withdraw the protest or, having withdrawn a protest, cancel the withdrawal, no later than 60 days after the public hearing required under Subsection 17D-1-204(2).     (4) The legislative body of a county or municipality may not adopt a resolution or ordinance creating a special service district if adequate protests are filed with respect to the creation of the special service district.     (5) The legislative body of a county or municipality may not adopt a resolution or ordinance authorizing a special service district to provide a service if adequate protests are filed with respect to that service.    Amended by Chapter 265, 2013 General Session