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17C-2-105 - Objections to urban renewal project area plan -- Owners' alternative project area plan -- Election if 40% of property owners object.

17C-2-105. Objections to urban renewal project area plan -- Owners' alternativeproject area plan -- Election if 40% of property owners object.
(1) At any time before the plan hearing, any person may file with the agency a writtenstatement of objections to the draft urban renewal project area plan.
(2) If the record owners of property of a majority of the private real property includedwithin the proposed urban renewal project area file a written petition before or at the planhearing, proposing an alternative project area plan, the agency shall consider that proposed planin conjunction with the project area plan proposed by the agency.
(3) (a) If the record property owners of at least 40% of the private land area within theproposed urban renewal project area object in writing to the draft project area plan before or atthe plan hearing and do not withdraw their objections, an agency may not approve the projectarea plan until approved by voters within the boundaries of the agency in which the proposedproject area is located at an election as provided in Subsection (3)(b).
(b) (i) Except as provided in this section, each election required under Subsection (3)(a)shall comply with Title 20A, Election Code.
(ii) An election under Subsection (3)(a) may be held on the same day and with the sameelection officials as an election held by the community in which the proposed project area islocated.
(iii) If a majority of those voting on the proposed project area plan vote in favor of it, theproject area plan shall be considered approved and the agency shall confirm the approval byresolution.
(4) If the record property owners of 2/3 of the private land area within the proposedproject area object in writing to the draft project area plan before or at the plan hearing and donot withdraw their objections, the project area plan may not be adopted and the agency may notreconsider the project area plan for three years.

Renumbered and Amended by Chapter 359, 2006 General Session

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