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Utah Code Title 17B. Limited Purpose Local Government Entities--Special Districts § 17B-2a-1306. Contesting an infrastructure financing district action

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) As used in this section:

(a) “Contestable action” means:

(i) the creation of an infrastructure financing district or any part of the process to create an infrastructure financing district;

(ii) a property tax levied by an infrastructure financing district or any part of the process to levy the tax; or

(iii) a fee imposed by an infrastructure financing district or any part of the process to impose the fee.

(b) “Effective date” means:

(i) with respect to the creation of an infrastructure financing district, the date of the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5;

(ii) with respect to a property tax levied by an infrastructure financing district, the date of the board's adoption of a resolution levying the tax; and

(iii) for a fee imposed by an infrastructure financing district, the date of the board's adoption of a resolution imposing the fee.

(2)(a) A person may file a court action to contest the legality or validity of a contestable action.

(b) A court action under Subsection (2)(a) is the exclusive remedy for a person to contest the legality or validity of a contestable action.

(3) A person may not bring an action under Subsection (2) or serve a summons relating to the action more than 30 days after the effective date of the contestable action.

(4) After the expiration of the 30-day period stated in Subsection (3):

(a) a contestable action becomes incontestable against any person who has not brought an action and served a summons within the time specified in Subsection (3); and

(b) a person may not bring an action to:

(i) enjoin an infrastructure financing district from levying and collecting a property tax or imposing and collecting a fee that the infrastructure financing district levies or imposes; or

(ii) attack or question in any way the legality or validity of a contestable action.

(5)(a) This section does not affect a claim for a misuse of funds against the infrastructure financing district or an officer or employee of the infrastructure financing district.

(b) A person may not seek relief for a claimed misuse of funds described in Subsection (5)(a) except for injunctive relief.

(c) The limitation under Subsection (5)(b) does not affect the filing or prosecution of criminal charges for the misuse of infrastructure financing district funds.

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Cite this article: FindLaw.com - Utah Code Title 17B. Limited Purpose Local Government Entities--Special Districts § 17B-2a-1306. Contesting an infrastructure financing district action - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-17b-limited-purpose-local-government-entities-special-districts/ut-code-sect-17b-2a-1306/

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