Utah Code 17C-5-402. Development impediment determination in a community reinvestment project area — Prerequisites — Restrictions
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(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.
Terms Used In Utah Code 17C-5-402
- Development impediment: means a condition of an area that meets the requirements described in Section
17C-2-303 for an urban renewal project area or Section17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102 - Development impediment hearing: means a public hearing regarding whether a development impediment exists within a proposed:(21)(a) urban renewal project area under Subsection
17C-2-102 (1)(a)(i)(C) and Section17C-2-302 ; or(21)(b) community reinvestment project area under Section17C-5-404 . See Utah Code 17C-1-102- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Survey area: means a geographic area designated for study by a survey area resolution to determine whether:
(58)(a) one or more project areas within the survey area are feasible; or(58)(b) a development impediment exists within the survey area. See Utah Code 17C-1-102(2) An agency shall, after adopting a survey area resolution as described in Section 17C-5-103:(2)(a) cause a development impediment study to be conducted within the survey area in accordance with Section 17C-5-403;(2)(b) provide notice and hold a development impediment hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements; and(2)(c) after the development impediment hearing, at the same or at a subsequent meeting:(2)(c)(i) consider the evidence and information relating to the existence or nonexistence of a development impediment; and(2)(c)(ii) by resolution, make a determination regarding whether a development impediment exists in all or part of the survey area.