11-42b-105. Protests.

393 words·~2 min read·/ut/title-11/chapter-42b/11-42b-105

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(1)An owner of a benefitted property that is proposed to be assessed and who does not want the benefitted property to be included in the assessment area may, within 30 days after the day of the hearing described in Section 11-42b-106 , file a written protest with the legislative body:

(a)against:

(i)the designation of an assessment area;

(ii)the inclusion of the owner's benefitted property in the proposed assessment area; or

(iii)the proposed beneficial activities to be implemented; or

(b)protesting:

(i)whether the assessment meets the requirements of Section 11-42b-102 ; or

(ii)any other aspect of the proposed designation of an assessment area.

(2)Each protest under Subsection

(1)shall:

(a)describe or otherwise identify the benefitted property owned by the person filing the protest; and

(b)include the signature of the owner of the benefitted property.

(3)An owner subject to assessment may withdraw a protest at any time before the expiration of the 30-day period described in Subsection

(1)by filing a written withdrawal with the legislative body.

(4)If the legislative body intends to assess benefitted properties within the proposed assessment area by establishing benefit zones, as described in Subsection 11-42b-102(2)(b)(ii) , and the legislative body has clearly noticed the legislative body's intent, the legislative body shall:

(a)in determining whether adequate protests have been filed, aggregate the protests by the type of beneficial activity or by classification; and

(b)apply to and calculate for each type of beneficial activity or classification the threshold requirements of adequate protests.

(5)The failure of an owner of a benefitted property within the proposed assessment area to file a timely written protest constitutes a waiver of any objection to:

(a)the designation of the assessment area;

(b)any beneficial activity to be implemented within the assessment area;

(c)the inclusion of the owner's benefitted property within the assessment area; and

(d)the fact, but not amount, of benefit to the owner's benefitted property.

(6)The legislative body shall post the total and percentage of the written protests the legislative body receives under this section on the legislative body's website, or, if no website is available, at the legislative body's place of business at least five days before the public meeting described in Section 11-42b-106 .

Enacted by Chapter 376 , 2022 General Session