reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 9 - Eminent Domain › Section 902 - Use of eminent domain -- Conditions.

Effective 5/14/2019
17C-1-902.
Use of eminent domain -- Conditions.
(1) Except as provided in Subsection (2), an agency may not use eminent domain to acquire property.
(2) Subject to the provisions of this part, an agency may, in accordance with Title 78B, Chapter 6, Part 5, Eminent Domain, use eminent domain to acquire an interest in property:
(a) within an urban renewal project area if:
(i) the board makes a development impediment determination under Chapter 2, Part 3, Development Impediment Determination in Urban Renewal Project Areas; and
(ii) the urban renewal project area plan provides for the use of eminent domain;
(b) that is owned by an agency board member or officer and located within a project area, if the board member or officer consents;
(c) within a community reinvestment project area if:
(i) the board makes a development impediment determination under Chapter 5, Part 4, Development Impediment Determination in a Community Reinvestment Project Area;
(ii)
(A) the original community reinvestment project area plan provides for the use of eminent domain; or
(B) the community reinvestment project area plan is amended in accordance with Subsection 17C-5-112(4); and
(iii) the agency creates a taxing entity committee in accordance with Section 17C-1-402;
(d) that:
(i) is owned by a participant or a property owner that is entitled to receive tax increment or other assistance from the agency;
(ii) is within a project area, regardless of when the project area is created, for which the board made a development impediment determination under Chapter 2, Part 3, Development Impediment Determination in Urban Renewal Project Areas, or Chapter 5, Part 4, Development Impediment Determination in a Community Reinvestment Project Area; and
(iii)
(A) the participant or property owner described in Subsection (2)(d)(i) fails to develop or improve in accordance with the participation agreement or the project area plan; or
(B) for a period of 36 months does not generate the amount of tax increment that the agency projected to receive under the project area budget; or
(e) if a property owner requests in writing that the agency exercise eminent domain to acquire the property owner's property within a project area.
(3) An agency shall, in accordance with the provisions of this part, commence the acquisition of property described in Subsections (2)(a) through (c) by adopting a resolution authorizing eminent domain within five years after the day on which the project area plan is effective.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 9 - Eminent Domain › Section 903 - Prerequisites to the acquisition of property by eminent domain -- Civil action authorized -- Record of good faith negotiations to be retained.

Effective 5/10/2016
17C-1-903.
Prerequisites to the acquisition of property by eminent domain -- Civil action authorized -- Record of good faith negotiations to be retained.
(1) Before an agency may initiate an action in district court to acquire property by eminent domain, the agency shall:
(a) negotiate in good faith with the affected record property owner;
(b) provide to each affected record property owner a written declaration that includes:
(i) an explanation of the eminent domain process and the reasons for using it, including:
(A) the need for the agency to obtain an independent appraisal that indicates the fair market value of the property and how the fair market value was determined;
(B) a statement that the agency may adopt a resolution authorizing the agency to make an offer to the record property owner to purchase the property for the fair market value amount determined by the appraiser and that, if the offer is rejected, the agency has the right to acquire the property through an eminent domain proceeding; and
(C) a statement that the agency will prepare an offer that will include the price the agency is offering for the property, an explanation of how the agency determined the price being offered, the legal description of the property, conditions of the offer, and the time at which the offer will expire;
(ii) an explanation of the record property owner's relocation rights under Title 57, Chapter 12, Utah Relocation Assistance Act, and how to receive relocation assistance; and
(iii) a statement that the owner has the right to receive just compensation and an explanation of how to obtain it; and
(c) provide to the affected record property owner or the owner's designated representative a notice that is printed in a type size of at least ten-point type that contains:
(i) a description of the property to be acquired;
(ii) the name of the agency acquiring the property and the agency's contact person and telephone number; and
(iii) a copy of Title 57, Chapter 12, Utah Relocation Assistance Act.
(2) A person may bring a civil action against an agency for a violation of Subsection (1)(b) that results in damage to that person.
(3) Each agency shall keep a record and evidence of the good faith negotiations required under Subsection (1)(a) and retain the record and evidence as provided in:
(a)Title 63G, Chapter 2, Government Records Access and Management Act; or
(b) an ordinance or policy that the agency had adopted under Section 63G-2-701.
(4) A record property owner whose property is being taken by an agency through the exercise of eminent domain may elect to receive for the real property being taken:
(a) fair market value; or
(b) replacement property under Section 57-12-7.
Renumbered and Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 9 - Eminent Domain › Section 905 - Court award for court costs and attorney fees, relocation expenses, and damage to fixtures or personal property.

Effective 5/10/2016
17C-1-905.
Court award for court costs and attorney fees, relocation expenses, and damage to fixtures or personal property.
In an eminent domain action under this part, the court may award:
(1) costs and reasonable attorney fees to the condemnee if the amount of the court or jury award for the property exceeds the amount offered by the agency;
(2) a reasonable sum, as determined by the court or jury, as compensation for any costs or expenses relating to relocating:
(a) an owner who occupied the acquired property;
(b) a party conducting a business on the acquired property; or
(c) a person displaced from the property, as permitted by Title 57, Chapter 12, Utah Relocation Assistance Act; and
(3) an amount to compensate for any fixtures or personal property that is:
(a) owned by the owner of the acquired property or by a person conducting a business on the acquired property; and
(b) damaged as a result of the acquisition or relocation.
Renumbered and Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 10 - Agency Taxing Authority › Section 1001 - Definitions.

Effective 5/5/2021
17C-1-1001.
Definitions.
As used in this part:
(1)
(a) "Agency-wide project development" means activity within the agency's boundaries that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of achieving the results described in an implementation plan, including affordable housing.
(b) "Agency-wide project development" does not include project area development under a project area plan.
(2) "Certified tax rate" means the same as that term is defined in Section 59-2-924.
(3) "Cooperative development project" means project area development with impacts that extend beyond an agency's geographic boundaries to the benefit of two or more communities.
(4) "Economic development project" means project area development for the purpose of:
(a) creating, developing, attracting, and retaining business;
(b) creating or preserving jobs;
(c) stimulating business and economic activity; or
(d) providing a local incentive as required by the Governor's Office of Economic Opportunity under Title 63N, Economic Opportunity Act.
(5) "Eligible taxing entity" means a taxing entity that:
(a) is a municipality, a county, or a school district; and
(b) contains an agency partially or completely within the taxing entity's geographic boundaries.
(6) "Implementation plan" means a plan adopted in accordance with Section 17C-1-1004 that:
(a) describes how the agency uses property tax revenue; and
(b) guides and controls agency-wide project development.
(7) "Project area incremental revenue" means the amount of revenue generated by the incremental value that a taxing entity receives after a project area funds collection period ends.
(8) "Property tax revenue" means the amount of revenue generated by an agency from the property within the agency using the current taxable value of the property and the agency's certified tax rate.
Enacted by Chapter 214, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 10 - Agency Taxing Authority › Section 1002 - Transferring project area incremental revenue -- Agency may levy a property tax.

Effective 5/5/2021
17C-1-1002.
Transferring project area incremental revenue -- Agency may levy a property tax.
(1) An agency and an eligible taxing entity may enter into an interlocal agreement for the purpose of transferring all or a portion of the eligible taxing entity's project area incremental revenue.
(2) An agency shall ensure that an interlocal agreement described in Subsection (1):
(a) identifies each project area that is subject to the interlocal agreement;
(b) is adopted by the board and the taxing entity in accordance with Section 17C-1-1003;
(c) for each project area:
(i) states the amount of project area incremental revenue that the eligible taxing entity agrees to transfer to the agency;
(ii) states the year in which the eligible taxing entity will transfer the amount described in Subsection (2)(c)(i); and
(iii) for the year described in Subsection (2)(c)(ii), requires the agency to add the project area incremental revenue transferred in the agency's budget;
(d) includes a copy of the implementation plan described in Section 17C-1-1004;
(e) requires the agency to dissolve, in accordance with Section 17C-1-702, any project area:
(i) that is subject to the interlocal agreement; and
(ii) for which the project area funds collection period will expire; and
(f) is filed with the county auditor, the State Tax Commission, and the eligible taxing entity.
(3) If an agency and an eligible taxing entity enter into an interlocal agreement under this section:
(a) subject to Subsection (4) and Section 17C-1-1004, the agency may levy a property tax on taxable property within the agency's geographic boundaries; and
(b) except as provided in Subsection (5), the agency may not:
(i) create a new community reinvestment project area within the taxing entity's geographic boundaries; or
(ii) amend a project area plan or budget if the amendment:
(A) enlarges the project area from which tax increment is collected;
(B) permits the agency to receive a greater amount of tax increment; or
(C) extends the project area funds collection period.
(4)
(a) An agency may levy a property tax for a fiscal year that:
(i) is after the year in which the agency receives project area incremental revenue; and
(ii) begins on or after the January 1 on which the agency has authority to impose a property tax under this section.
(b) An agency board shall calculate the agency's certified tax rate in accordance with Section 59-2-924.
(c) An agency may levy a property tax rate that exceeds the agency's certified rate only if the agency complies with Sections 59-2-919 through 59-2-923.
(5) For a cooperative development project or an economic development project, an agency may, in accordance with Chapter 5, Community Reinvestment:
(a) create a new community reinvestment project area; or
(b) amend a community reinvestment project area plan or budget.
Enacted by Chapter 214, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 10 - Agency Taxing Authority › Section 1003 - Interlocal agreement -- Notice requirements -- Effective date.

Effective 5/3/2023
17C-1-1003.
Interlocal agreement -- Notice requirements -- Effective date.
(1) An agency that enters into an interlocal agreement under Section 17C-1-1002 shall:
(a) adopt the interlocal agreement at an open and public meeting; and
(b) provide a notice, in accordance with Subsections (2) and (3), titled "Authorization to Levy a Property Tax."
(2) Upon the execution of an interlocal agreement, the agency shall provide, subject to Subsection (3), notice of the execution by publishing the notice for the agency's jurisdiction, as a class A notice under Section 63G-30-102, for at least 14 days.
(3) A notice described in Subsection (2) shall include:
(a) a summary of the interlocal agreement; and
(b) a statement that the interlocal agreement:
(i) is available for public inspection and the place and the hours for inspection; and
(ii) authorizes the agency to:
(A) receive all or a portion of a taxing entity's project area incremental revenue; and
(B) levy a property tax on taxable property within the agency's boundaries.
(4) An interlocal agreement described in Section 17C-1-1002 is effective the day on which the notice is published or posted in accordance with Subsections (2) and (3).
(5) An eligible taxing entity that enters into an interlocal agreement under Section 17C-1-1002 shall make a copy of the interlocal agreement available to the public for inspecting and copying at the eligible taxing entity's office during normal business hours.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 1 - Agency Operations › Part 10 - Agency Taxing Authority › Section 1005 - Agency property tax levy -- Budget -- Accounting for property tax revenue.

Effective 5/5/2021
17C-1-1005.
Agency property tax levy -- Budget -- Accounting for property tax revenue.
(1)
(a) Each agency that levies and collects property tax under this part shall levy and collect the property tax in accordance with Title 59, Chapter 2, Property Tax Act.
(b) Except as provided in Subsection (1)(c), an agency, at a regular meeting or special meeting called for that purpose, shall, by resolution, set the property tax rate by the date described in Section 59-2-912.
(c) An agency may set the rate described in Subsection (1)(b) at an appropriate later date in accordance with Sections 59-2-919 through 59-2-923.
(2)
(a) An agency shall include in the agency's budget any project area incremental revenue transferred by an eligible taxing entity under this part.
(b) The amount of project area incremental revenue described in Subsection (2)(a) plus the ad valorem property tax revenue that the agency budgeted for the prior year shall constitute the basis for determining the property tax levy that the agency sets for the corresponding tax year.
(3)
(a) An agency shall create a property tax revenue fund and separately account for property tax revenue generated under this part.
(b) An agency shall include revenue and expenditures of the property tax revenue fund described in Subsection (3)(a) in the annual budget adopted in accordance with Section 17C-1-601.5.
Enacted by Chapter 214, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 1 - Urban Renewal Project Area Plan › Section 101.1 - Title.

Effective 5/10/2016
17C-2-101.1.
Title.
This chapter is known as "Urban Renewal."
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 1 - Urban Renewal Project Area Plan › Section 101.2 - Applicability of chapter.

Effective 5/10/2016
17C-2-101.2.
Applicability of chapter.
This chapter applies to an urban renewal project area that is effective:
(1) before May 10, 2016; or
(2) before September 1, 2016, if an agency adopted a resolution in accordance with Section 17C-2-101.5 before April 1, 2016.
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 1 - Urban Renewal Project Area Plan › Section 101.5 - Resolution designating survey area -- Request to adopt resolution.

Effective 5/14/2019
17C-2-101.5.
Resolution designating survey area -- Request to adopt resolution.
(1) A board may begin the process of adopting an urban renewal project area plan by adopting a resolution that:
(a) designates an area located within the agency's boundaries as a survey area;
(b) contains a statement that the survey area requires study to determine whether:
(i) one or more urban renewal project areas within the survey area are feasible; and
(ii) a development impediment exists within the survey area; and
(c) contains a boundary description or map of the survey area.
(2)
(a) Any person or any group, association, corporation, or other entity may submit a written request to the board to adopt a resolution under Subsection (1).
(b) A request under Subsection (2)(a) may include plans showing the project area development proposed for an area within the agency's boundaries.
(c) The board may, in the board's sole discretion, grant or deny a request under Subsection (2)(a).
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 1 - Urban Renewal Project Area Plan › Section 104 - Existing and historic buildings and uses in an urban renewal project area.

Effective 7/1/2023
17C-2-104.
Existing and historic buildings and uses in an urban renewal project area.
If any of the existing buildings or uses in an urban renewal project area are included in or eligible for inclusion in the National Register of Historic Places or the State Register, the agency shall comply with Section 9-8a-404 as though the agency were a state agency.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 1 - Urban Renewal Project Area Plan › Section 105 - Objections to urban renewal project area plan -- Owners' alternative project area plan -- Election if 40% of property owners object.

Effective 5/10/2016
17C-2-105.
Objections to urban renewal project area plan -- Owners' alternative project area plan -- Election if 40% of property owners object.
(1) At any time before the plan hearing, any person may file with the agency a written statement of objections to the proposed urban renewal project area plan.
(2) If the record owners of property of a majority of the private real property included within the proposed urban renewal project area file a written petition before or at the plan hearing, proposing an alternative project area plan, the agency shall consider that proposed plan in conjunction with the project area plan proposed by the agency.
(3)
(a) If the record property owners of at least 40% of the private land area within the most recently proposed urban renewal project area object in writing to the proposed project area plan before or at the plan hearing, or object orally at the plan hearing, and do not withdraw their objections, an agency may not approve the project area plan until approved by voters within the boundaries of the agency in which the proposed project area is located at an election as provided in Subsection (3)(b).
(b)
(i) Except as provided in this section, each election required under Subsection (3)(a) shall comply with Title 20A, Election Code.
(ii) An election under Subsection (3)(a) may be held on the same day and with the same election officials as an election held by the community in which the proposed project area is located.
(iii) If a majority of those voting on the proposed project area plan vote in favor of it, the project area plan shall be considered approved and the agency shall confirm the approval by resolution.
(4) If the record property owners of 2/3 of the private land area within the proposed project area object in writing to the proposed project area plan before or at the plan hearing and do not withdraw their objections, the project area plan may not be adopted and the agency may not reconsider the project area plan for three years.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 1 - Urban Renewal Project Area Plan › Section 106 - Board resolution approving urban renewal project area plan -- Requirements.

Effective 5/14/2019
17C-2-106.
Board resolution approving urban renewal project area plan -- Requirements.
A board shall ensure that each resolution approving a proposed urban renewal project area plan as the project area plan under Subsection 17C-2-102(1)(a)(x) contains:
(1) a boundary description of the boundaries of the project area that is the subject of the project area plan;
(2) the agency's purposes and intent with respect to the project area;
(3) the project area plan incorporated by reference;
(4) a statement that the board previously made a development impediment determination within the project area and the date of the board's determination; and
(5) the board findings and determinations that:
(a) there is a need to effectuate a public purpose;
(b) there is a public benefit under the analysis described in Subsection 17C-2-103(2);
(c) it is economically sound and feasible to adopt and carry out the project area plan;
(d) the project area plan conforms to the community's general plan; and
(e) carrying out the project area plan will promote the public peace, health, safety, and welfare of the community in which the project area is located.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 1 - Urban Renewal Project Area Plan › Section 107 - Urban renewal project area plan to be adopted by community legislative body.

17C-2-107.
Urban renewal project area plan to be adopted by community legislative body.
(1) An urban renewal project area plan approved by board resolution under Section 17C-2-106 may not take effect until:
(a) it has been adopted by ordinance of the legislative body of the community that created the agency; and
(b) notice under Section 17C-2-108 is provided.
(2) Each ordinance under Subsection (1) shall:
(a) be adopted by the community legislative body after the board's approval of a resolution under Section 17C-2-106; and
(b) designate the approved project area plan as the official urban renewal plan of the project area.
Renumbered and Amended by Chapter 359, 2006 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 1 - Urban Renewal Project Area Plan › Section 108 - Notice of urban renewal project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.

Effective 5/3/2023
17C-2-108.
Notice of urban renewal project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.
(1)
(a) Upon the community legislative body's adoption of an urban renewal project area plan, or an amendment to a project area plan under Section 17C-2-110, the community legislative body shall provide notice as provided in Subsection (1)(b) by publishing notice for the agency's jurisdiction, as a class A notice under Section 63G-30-102, for at least 30 days.
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the project area plan or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for general public inspection and the hours for inspection.
(2) The project area plan shall become effective at the end of the 30-day period described in Subsection (1)(a).
(3)
(a) For a period of 30 days after the effective date of the project area plan under Subsection (2), any person may contest the project area plan or the procedure used to adopt the project area plan if the plan or procedure fails to comply with applicable statutory requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest the project area plan or procedure used to adopt the project area plan for any cause.
(4) Upon adoption of the project area plan by the community legislative body, the agency may carry out the project area plan.
(5) Each agency shall make the project area plan available to the general public at the agency's office during normal business hours.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 1 - Urban Renewal Project Area Plan › Section 109 - Agency required to transmit and record documents after adoption of an urban renewal project area plan.

Effective 7/1/2021
17C-2-109.
Agency required to transmit and record documents after adoption of an urban renewal project area plan.
Within 30 days after the community legislative body adopts, under Section 17C-2-107, an urban renewal project area plan, the agency shall:
(1) record with the recorder of the county in which the project area is located a document containing:
(a) a description of the land within the project area;
(b) a statement that the project area plan for the project area has been adopted; and
(c) the date of adoption;
(2) transmit a copy of the description of the land within the project area and an accurate map or plat indicating the boundaries of the project area to the Utah Geospatial Resource Center created under Section 63A-16-505; and
(3) for a project area plan that provides for the agency to receive tax increment, transmit a copy of the description of the land within the project area, a copy of the community legislative body ordinance adopting the project area plan, and a map or plat indicating the boundaries of the project area to:
(a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any part of the project area is located;
(b) the officer or officers performing the function of auditor or assessor for each taxing entity that does not use the county assessment roll or collect the taxing entity's taxes through the county;
(c) the legislative body or governing board of each taxing entity;
(d) the State Tax Commission; and
(e) the State Board of Education.
Amended by Chapter 162, 2021 General Session
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 2 - Urban Renewal Project Area Budget › Section 202 - Combined incremental value -- Restriction against adopting an urban renewal project area budget -- Taxing entity committee may waive restriction.

Effective 5/14/2019
17C-2-202.
Combined incremental value -- Restriction against adopting an urban renewal project area budget -- Taxing entity committee may waive restriction.
(1) Except as provided in Subsection (2), an agency may not adopt an urban renewal project area budget if, at the time the urban renewal project area budget is being considered, the combined incremental value for the agency exceeds 10% of the total taxable value of property within the agency's boundaries in the year that the urban renewal project area budget is being considered.
(2)
(a) A taxing entity committee may waive the restrictions imposed by Subsection (1).
(b) Subsection (1) does not apply to an urban renewal project area budget if the agency's development impediment determination in the project area to which the budget relates is based on a determination under Subsection 17C-2-303(1)(b).
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 2 - Urban Renewal Project Area Budget › Section 203 - Part of tax increment funds in urban renewal project area budget to be used for housing -- Waiver of requirement.

Effective 5/10/2016
17C-2-203.
Part of tax increment funds in urban renewal project area budget to be used for housing -- Waiver of requirement.
(1)
(a) Except as provided in Subsections (1)(b) and (c), each urban renewal project area budget adopted on or after May 1, 2000, that provides for more than $100,000 of annual tax increment to be paid to the agency shall allocate at least 20% of the tax increment for housing as provided in Section 17C-1-412.
(b) The 20% requirement of Subsection (1)(a) may be waived in part or whole by the taxing entity committee if the taxing entity committee determines that 20% of tax increment is more than is needed to address the community's need for income targeted housing.
(c) An agency is not subject to the 20% requirement described in Subsection (1)(a) if:
(i) an inactive industrial site is located within an urban renewal project area; and
(ii) the inactive industrial site's remediation costs are estimated to exceed 20% of the project area funds under the urban renewal project area budget.
(2) An urban renewal project area budget not required under Subsection (1)(a) to allocate tax increment for housing may allocate 20% of tax increment received by the agency over the life of the project area for housing as provided in Section 17C-1-412 if the project area budget is under a project area plan that is adopted on or after July 1, 1998.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 2 - Urban Renewal Project Area Budget › Section 204 - Consent of taxing entity committee required for urban renewal project area budget -- Exception.

Effective 5/10/2016
17C-2-204.
Consent of taxing entity committee required for urban renewal project area budget -- Exception.
(1)
(a) Except as provided in Subsection (1)(b) and subject to Subsection (2), each agency shall obtain the consent of the taxing entity committee for each urban renewal project area budget under a post-June 30, 1993 project area plan before the agency may receive any tax increment from the urban renewal project area.
(b) For an urban renewal project area budget adopted from July 1, 1998 through May 1, 2000 that allocates 20% or more of the tax increment for housing as provided in Section 17C-1-412, an agency:
(i) need not obtain the consent of the taxing entity committee for the project area budget; and
(ii) may not receive any tax increment from all or part of the project area until after:
(A) the loan fund board has certified the project area budget as complying with the requirements of Section 17C-1-412; and
(B) the board has approved and adopted the project area budget by a two-thirds vote.
(2)
(a) Before a taxing entity committee may consent to an urban renewal project area budget adopted on or after May 1, 2000 that is required under Subsection 17C-2-203(1)(a) to allocate 20% of tax increment for housing, the agency shall:
(i) adopt a housing plan showing the uses for the housing funds; and
(ii) provide a copy of the housing plan to the taxing entity committee and the loan fund board.
(b) If an agency amends a housing plan prepared under Subsection (2)(a), the agency shall provide a copy of the amendment to the taxing entity committee and the loan fund board.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 2 - Urban Renewal Project Area Budget › Section 205 - Filing a copy of the urban renewal project area budget.

17C-2-205.
Filing a copy of the urban renewal project area budget.
Each agency adopting an urban renewal project area budget shall:
(1) within 30 days after adopting the project area budget, file a copy of the project area budget with the auditor of the county in which the project area is located, the State Tax Commission, the state auditor, the State Board of Education, and each taxing entity affected by the agency's collection of tax increment under the project area budget; and
(2) if the project area budget allocates tax increment for housing under Section 17C-1-412, file a copy of the project area budget with the loan fund board.
Renumbered and Amended by Chapter 359, 2006 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 2 - Urban Renewal Project Area Budget › Section 206 - Amending an urban renewal project area budget.

Effective 5/5/2021
17C-2-206.
Amending an urban renewal project area budget.
(1) Except as provided in Section 17C-1-1002, an agency may by resolution amend an urban renewal project area budget as provided in this section.
(2) To amend an adopted urban renewal project area budget, the agency shall:
(a) advertise and hold one public hearing on the proposed amendment as provided in Subsection (3);
(b) if approval of the taxing entity committee was required for adoption of the original project area budget, obtain the approval of the taxing entity committee to the same extent that the agency was required to obtain the consent of the taxing entity committee for the project area budget as originally adopted;
(c) if approval of the taxing entity committee is required under Subsection (2)(b), obtain a written certification, signed by an attorney licensed to practice law in this state, stating that the taxing entity committee followed the appropriate procedures to approve the project area budget; and
(d) adopt a resolution amending the project area budget.
(3) The public hearing required under Subsection (2)(a) shall be conducted according to the procedures and requirements of Subsections 17C-2-201(2)(c) and (d), except that if the amended project area budget proposes that the agency be paid a greater proportion of tax increment from a project area than was to be paid under the previous project area budget, the notice shall state the percentage paid under the previous project area budget and the percentage proposed under the amended project area budget.
(4) If the removal of a parcel under Subsection 17C-2-110(4)(a)(ii) reduces the base taxable value of the project area, an agency may amend the project area budget to conform with the new base taxable value without:
(a) complying with Subsections (2)(a) and (3); and
(b) if applicable, obtaining taxing entity committee approval described in Subsection (2)(b).
(5) If a proposed amendment is not adopted, the agency shall continue to operate under the previously adopted project area budget without the proposed amendment.
(6)
(a) A person may contest the agency's adoption of a budget amendment within 30 days after the day on which the agency adopts the amendment.
(b) A person who fails to contest a budget amendment under Subsection (6)(a):
(i) forfeits any claim against an agency's adoption of the amendment; and
(ii) may not contest:
(A) a distribution of tax increment to the agency under the budget amendment; or
(B) an agency's use of a tax increment under the budget amendment.
Amended by Chapter 214, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 3 - Development Impediment Determination in Urban Renewal Project Areas › Section 301 - Development impediment study -- Requirements -- Deadline.

Effective 5/14/2019
17C-2-301.
Development impediment study -- Requirements -- Deadline.
(1) An agency shall ensure that each development impediment study required under Subsection 17C-2-102(1)(a)(i)(A):
(a) undertakes a parcel by parcel survey of the survey area;
(b) provides data so the board and taxing entity committee may determine:
(i) whether the conditions described in Subsection 17C-2-303(1):
(A) exist in part or all of the survey area; and
(B) qualify an area within the survey area as a project area; and
(ii) whether the survey area contains all or part of a superfund site, an inactive industrial site, or inactive airport site;
(c) includes a written report setting forth:
(i) the conclusions reached;
(ii) any recommended area within the survey area qualifying as a project area; and
(iii) any other information requested by the agency to determine whether an urban renewal project area is feasible; and
(d) is completed within one year after the adoption of the survey area resolution.
(2)
(a) If a development impediment study is not completed within one year after the adoption of the resolution under Subsection 17C-2-101.5(1) designating a survey area, the agency may not approve an urban renewal project area plan based on that development impediment study unless the agency first adopts a new resolution under Subsection 17C-2-101.5(1).
(b) A new resolution under Subsection (2)(a) shall in all respects be considered to be a resolution under Subsection 17C-2-101.5(1) adopted for the first time, except that any actions taken toward completing a development impediment study under the resolution that the new resolution replaces shall be considered to have been taken under the new resolution.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 3 - Development Impediment Determination in Urban Renewal Project Areas › Section 302 - Development impediment hearing -- Owners may review evidence of a development impediment.

Effective 5/14/2019
17C-2-302.
Development impediment hearing -- Owners may review evidence of a development impediment.
(1) In each hearing required under Subsection 17C-2-102(1)(a)(i)(C), the agency shall:
(a) permit all evidence of the existence or nonexistence of a development impediment within the proposed urban renewal project area to be presented; and
(b) permit each record owner of property located within the proposed urban renewal project area or the record property owner's representative the opportunity to:
(i) examine and cross-examine witnesses providing 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) The agency shall allow record owners of property located within a proposed urban renewal project area the opportunity, for at least 30 days before the hearing, 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
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 2 - Urban Renewal › Part 3 - Development Impediment Determination in Urban Renewal Project Areas › Section 304 - Challenging a development impediment determination -- Time limit -- De novo review.

Effective 5/14/2019
17C-2-304.
Challenging a development impediment determination -- Time limit -- De novo review.
(1) If the board makes a development impediment determination under Subsection 17C-2-102(1)(a)(ii)(B) and that determination is approved by resolution adopted by the taxing entity committee, a record owner of property located within the proposed urban renewal project area may challenge the determination by filing an action with the district court for the county in which the property is located.
(2) A person shall file a challenge under Subsection (1) within 30 days after the taxing entity committee approves the board's development impediment determination.
(3) In each action under this section, the district court shall review the development impediment determination under the standards of review provided in Subsection 10-9a-801(3).
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 1 - Economic Development Project Area Plan › Section 101.1 - Title.

Effective 5/10/2016
17C-3-101.1.
Title.
This chapter is known as "Economic Development."
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 1 - Economic Development Project Area Plan › Section 101.2 - Applicability of chapter.

Effective 5/10/2016
17C-3-101.2.
Applicability of chapter.
This chapter applies to an economic development project area that is effective:
(1) before May 10, 2016; or
(2) before September 1, 2016, if an agency adopted a resolution in accordance with Section 17C-3-101.5 before April 1, 2016.
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 1 - Economic Development Project Area Plan › Section 101.5 - Resolution authorizing the preparation of a proposed economic development project area plan -- Request to adopt resolution.

Effective 5/10/2016
17C-3-101.5.
Resolution authorizing the preparation of a proposed economic development project area plan -- Request to adopt resolution.
(1) A board may begin the process of adopting an economic development project area plan by adopting a resolution that authorizes the preparation of a proposed project area plan.
(2)
(a) Any person or any group, association, corporation, or other entity may submit a written request to the board to adopt a resolution under Subsection (1).
(b) A request under Subsection (2)(a) may include plans showing the project area development proposed for an area within the agency's boundaries.
(c) The board may, in the board's sole discretion, grant or deny a request under Subsection (2)(a).
Renumbered and Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 1 - Economic Development Project Area Plan › Section 104 - Existing and historic buildings and uses in an economic development project area.

Effective 7/1/2023
17C-3-104.
Existing and historic buildings and uses in an economic development project area.
If any of the existing buildings or uses in an economic development project area are included in or eligible for inclusion in the National Register of Historic Places or the State Register, the agency shall comply with Subsection 9-8a-404(1) as though the agency were a state agency.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 1 - Economic Development Project Area Plan › Section 105 - Board resolution approving an economic development project area plan -- Requirements.

Effective 5/10/2016
17C-3-105.
Board resolution approving an economic development project area plan -- Requirements.
Each board resolution approving a proposed economic development project area plan as the project area plan under Subsection 17C-3-102(1)(g) shall contain:
(1) a boundary description of the boundaries of the project area that is the subject of the project area plan;
(2) the agency's purposes and intent with respect to the project area;
(3) the project area plan incorporated by reference; and
(4) the board findings and determinations that:
(a) there is a need to effectuate a public purpose;
(b) there is a public benefit under the analysis described in Subsection 17C-3-103(2);
(c) it is economically sound and feasible to adopt and carry out the project area plan;
(d) the project area plan conforms to the community's general plan; and
(e) carrying out the project area plan will promote the public peace, health, safety, and welfare of the community in which the project area is located.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 1 - Economic Development Project Area Plan › Section 106 - Economic development project area plan to be adopted by community legislative body.

17C-3-106.
Economic development project area plan to be adopted by community legislative body.
(1) An economic development project area plan approved by board resolution under Subsection 17C-3-102(1)(g) may not take effect until it has been adopted by ordinance of the legislative body of the community that created the agency and notice under Section 17C-3-107 is provided.
(2) Each ordinance under Subsection (1) shall:
(a) be adopted by the community legislative body after the board's approval of a resolution under Subsection 17C-3-102(1)(g); and
(b) designate the approved project area plan as the official economic development plan of the project area.
Enacted by Chapter 359, 2006 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 1 - Economic Development Project Area Plan › Section 107 - Notice of economic development project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.

Effective 5/3/2023
17C-3-107.
Notice of economic development project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.
(1)
(a) Upon the community legislative body's adoption of an economic development project area plan, or an amendment to the project area plan under Section 17C-3-109 that requires notice, the legislative body shall provide notice as provided in Subsection (1)(b) by publishing notice for the agency's jurisdiction, as a class A notice under Section 63G-30-102, for at least 30 days.
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the project area plan or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for public inspection and the hours for inspection.
(2) The project area plan shall become effective at the end of the 30-day period described in Subsection (1)(a).
(3)
(a) For a period of 30 days after the effective date of the project area plan under Subsection (2), any person may contest the project area plan or the procedure used to adopt the project area plan if the plan or procedure fails to comply with applicable statutory requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest the project area plan or procedure used to adopt the project area plan for any cause.
(4) Upon adoption of the economic development project area plan by the community legislative body, the agency may implement the project area plan.
(5) Each agency shall make the economic development project area plan available to the general public at the agency's office during normal business hours.
Amended by Chapter 435, 2023 General Session