17C-5-402. Development impediment determination in a community reinvestment project area -- Prerequisites -- Restrictions.
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Effective 5/14/2019
17C-5-402. Development impediment determination in a community reinvestment project area -- Prerequisites -- Restrictions.
(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 .
(2)An agency shall, after adopting a survey area resolution as described in Section 17C-5-103 :
(a)cause a development impediment study to be conducted within the survey area in accordance with Section 17C-5-403 ;
(b)provide notice and hold a development impediment hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements ; and
(c)after the development impediment hearing, at the same or at a subsequent meeting:
(i)consider the evidence and information relating to the existence or nonexistence of a development impediment; and
(ii)by resolution, make a determination regarding whether a development impediment exists in all or part of the survey area.
Amended by Chapter 376 , 2019 General Session