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Current as of May 05, 2022 | Updated by FindLaw Staff
(1) Before an agency may levy a property tax, an agency board shall hold a plan hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements, to:
(a) adopt an implementation plan that:
(i) contains a boundary description and a map of the geographic area within which the agency will use the agency's property tax revenue;
(ii) contains a general description of the existing land uses, zoning, infrastructure conditions, population densities, and demographics of the area described in Subsection (1)(b)(i);
(iii) describes the physical, social, and economic conditions that exist in the area described in Subsection (1)(b)(i);
(iv) describes the goals and strategies that will guide the agency's use of property tax revenue;
(v) shows how agency-wide project development will further the purposes of this title;
(vi) is consistent with the general plan of the community that created the agency and shows that agency-wide project development will conform to the community's general plan;
(vii) generally describes the type of financial assistance and tools that the agency anticipates providing to participants;
(viii) includes an analysis or description of the anticipated public benefits resulting from agency-wide project development, including benefits to economic activity and taxing entities' tax bases;
(ix) includes any identified geographic target areas within which the agency will focus investment; and
(x) includes other information that the agency determines to be necessary or advisable;
(b) inform the public about:
(i) the amount of revenue that the agency will receive as property tax revenue that a participating taxing entity would have otherwise received;
(ii) the property tax rate that the agency will levy;
(iii) any changes to the use of revenue; and
(iv) how the agency will be using property tax revenue under the implementation plan; and
(c) allow individuals present at the plan hearing to comment on the proposed property tax.
(2) An agency that levies a property tax under this part shall allocate an amount of property tax revenue for housing:
(a) in an amount that is the same as the agency's housing allocation under Section 17C-5-307 before entering into an interlocal agreement under Section 17C-1-1002; and
(b) for a period of time that is the same as the agency's project area funds collection period before entering into an interlocal agreement under Section 17C-1-1002.
(3)(a) Except as provided in Subsection (3)(b), an agency that levies a property tax under this part may not use eminent domain to acquire property for agency-wide project development.
(b) An agency that levies a property tax under this part may use eminent domain for an urban renewal project area or a community reinvestment project area in accordance with Part 9, Eminent Domain.
Cite this article: FindLaw.com - Utah Code Title 17C. Limited Purpose Local Government Entities--Community Development and Renewal Agencies Act § 17C-1-1004. Plan hearing--Implementation plan--Use of an agency's property tax revenue--Eminent domain - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-17c-limited-purpose-local-government-entities-community-development-and-renewal-agencies-act/ut-code-sect-17c-1-1004/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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