Colorado House Bill HB1172 Introduced / Bill

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0252.01 Pierce Lively x2059
HOUSE BILL 24-1172
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING COUNTY REVITA LIZATION AUTHORITIES	.101
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates a process for the establishment of a county
revitalization authority (authority). An authority is a corporate body that
uses tax increment and private financing to conduct a county
revitalization project (project) in a revitalization area in accordance with
a county revitalization plan.
A county revitalization plan (plan) is a plan for the project. A plan
must be: Reviewed by the county planning commission, the subject of a
public hearing, and approved by the board of county commissioners (the
HOUSE SPONSORSHIP
Taggart and Bird,
SENATE SPONSORSHIP
Kirkmeyer and Mullica,
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. governing body). Any modifications to the plan must also be approved by
the governing body. A plan may provide for tax increment financing.
An authority may not undertake a project unless, based on
evidence presented at a public hearing, the governing body by resolution
has both determined that the area where the authority will undertake the
project is a revitalization area and designated the area as appropriate for
the project. A revitalization area is an area that, upon the implementation
of a plan, could substantially promote the sound growth of the county,
improve economic and social conditions, and further the health, safety,
and well-being of the public.
The creation of an authority may be initiated by the registered
electors of a county filing a petition with the governing body or by the
governing body adopting a resolution. In either case, there is a public
hearing and, after that hearing, the governing body determines whether
to create the authority. If a governing body decides to create an authority,
the governing body appoints the authority commissioners, except for
commissioners who are appointed by and as representatives of special
districts and school districts that have joined the authority.
Any taxing entity, other than the county itself, that levies taxes in
an area that would fall under the plan proposed by an authority may file
a petition with the authority requesting to join the authority. The authority
shall hold a hearing to determine whether to allow the taxing entity to join
the authority.
An authority may:
! Undertake projects;
! Agree with the county or other relevant public body to
plan, replan, zone, or rezone any part of the county or other
public body in connection with a project;
! Make bylaws, orders, rules, and regulations;
! Make and execute contracts;
! Acquire property by purchase, lease, option, gift, grant,
devise, condemnation, or eminent domain;
! Dedicate property acquired by the authority for public
works, improvements, facilities, utilities, and other
purposes;
! Mortgage, pledge, hypothecate, or otherwise encumber or
dispose of its property;
! Set aside, dedicate, and devote project real property to
public uses in accordance with the plan or set aside,
dedicate, and transfer real property to an appropriate public
body for public uses in accordance with the plan;
! Sell, lease, or otherwise transfer real property or any
interest therein acquired by the authority as part of a
project;
! Insure any of its properties or operations;
HB24-1172
-2- ! Invest any of its money in the same manner as a public
body;
! Issue bonds;
! Borrow money and apply for and accept loans, grants, and
contributions;
! Make appropriations and expenditures of its funds;
! Establish and maintain general, separate, or special funds
and bank accounts; and
! Make reasonable relocation payments to individuals,
families, and business concerns situated in the county
revitalization area that will be displaced by the authority.
An authority does not have any power to levy or assess ad valorem
taxes, personal property taxes, or any other forms of taxes, including
special assessments against any property.
The bill also makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 31 to title2
30 as follows:3
ARTICLE 314
County Revitalization5
30-31-101.  Short title. T
HE SHORT TITLE OF THIS ARTICLE 31 IS6
THE "COUNTY REVITALIZATION LAW".7
30-31-102.  Legislative declaration. (1)  T
HE GENERAL ASSEMBLY8
FINDS AND DECLARES THAT:9
(a)  T
HERE EXIST IN COUNTIES OF THE STATE UNINCORPORATED10
AREAS THAT WOULD BENEFIT FROM REVITALIZATION AND ECONOMIC11
INVESTMENT THAT WILL NOT OCCUR WITHOUT ADDITIONAL FUNDING ;12
(b)  T
HE EXISTENCE OF THESE AREAS IMPAIR SUCCESSFUL13
DEVELOPMENT AND REDEVELOPMENT WITHIN COUNTIES AND HARMS THE14
WELFARE OF COUNTY RESIDENTS IN WAYS THAT HARM THE SURROUNDING15
COMMUNITIES, AND THE REVITALIZATION OF THESE AREAS IS A MATTER OF16
PUBLIC POLICY AND STATEWIDE CONCERN IN ORDER THAT THE STATE AND17
HB24-1172-3- ITS COUNTIES NOT CONTINUE TO BE UNDERUTILIZED AND PLACED IN A1
CONDITION THAT HARMS THE WELFARE OF THESE AREAS ;2
(c)  C
ERTAIN REVITALIZATION AREAS, OR PORTIONS THEREOF, MAY3
REQUIRE ACQUISITION, CLEARANCE, AND DISPOSITION SUBJECT TO USE4
RESTRICTIONS, AS PROVIDED IN THIS ARTICLE 31, SINCE THE PREVAILING5
CONDITIONS IN COUNTY REVITALIZATION AREAS MAY MAKE THE6
RECLAMATION OF THE AREA BY CONSERVATION OR REHABILITATION7
IMPRACTICABLE;8
(d)  P
OTENTIAL REVITALIZATION AREAS , OR PORTIONS THEREOF,9
THROUGH THE MEANS PROVIDED IN THIS ARTICLE 31, MAY BE SUSCEPTIBLE10
OF CONSERVATION OR REHABILITATION IN SUCH A MANNER THAT THE11
CONDITIONS NUMERATED IN THIS SECTION MAY BE IMPROVED OR12
REMEDIED;13
(e)  R
EVITALIZATION AREAS MAY BE CONSERVED AND14
REHABILITATED THROUGH APPROPRIATE PUBLIC ACTION , AS AUTHORIZED15
OR CONTEMPLATED IN THIS ARTICLE 31, AND THE COOPERATION AND16
VOLUNTARY ACTION OF THE OWNERS AND TENANTS OF PROPERTY IN17
REVITALIZATION AREAS;18
(f)  T
HE POWERS CONFERRED BY THIS ARTICLE 31 ARE FOR PUBLIC19
USES AND PURPOSES FOR WHICH PUBLIC MONEY MAY BE EXPENDED AND20
THE POLICE POWER EXERCISED; AND21
(g)  T
HE NECESSITY IN THE PUBLIC INTEREST FOR THE PROVISIONS22
ENACTED IN THIS ARTICLE 31 IS DECLARED AS A MATTER OF LEGISLATIVE23
DETERMINATION.24
(2)  T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :25
(a)  C
OUNTY REVITALIZATION AREAS CREATED FOR THE PURPOSES26
DESCRIBED IN SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION MUST NOT27
HB24-1172
-4- INCLUDE AGRICULTURAL LAND EXCEPT IN CONNECTION WITH THE LIMITED1
CIRCUMSTANCES DESCRIBED IN THIS ARTICLE 31; AND2
(b)  T
HE INCLUSION OF AGRICULTURAL LAND WITHIN COUNTY3
REVITALIZATION AREAS IS A MATTER OF STATEWIDE CONCERN .4
30-31-103.  Definitions. A
S USED IN THIS ARTICLE 31, UNLESS THE5
CONTEXT OTHERWISE REQUIRES :6
(1)  "A
GRICULTURAL LAND" MEANS ANY PARCEL OF LAND OR ANY7
CONTIGUOUS PARCELS OF LAND THAT , REGARDLESS OF THE USES FOR8
WHICH THE LAND HAS BEEN ZONED , THE COUNTY ASSESSOR HAS9
CLASSIFIED AS AGRICULTURAL LAND FOR PURPOSES OF THE LEVYING AND10
COLLECTION OF PROPERTY TAX PURSUANT TO SECTIONS 39-1-102 (1.6)(a)11
AND 39-1-103 (5)(a), AT ANY TIME DURING THE FIVE-YEAR PERIOD BEFORE12
EITHER THE DATE OF ADOPTION OF A C OUNTY REVITALIZATION PLAN OR13
ANY MODIFICATION OF A COUNTY REVITALIZATION A PLAN .14
(2)  "B
ONDS" MEANS ANY BONDS, INCLUDING REFUNDING BONDS,15
NOTES, INTERIM CERTIFICATES OR RECEIPTS , TEMPORARY BONDS ,16
CERTIFICATES OF INDEBTEDNESS, DEBENTURES, OR OTHER OBLIGATIONS17
ISSUED AS AUTHORIZED BY THIS ARTICLE 31.18
(3)  "B
ROWNFIELD SITE" MEANS REAL PROPERTY AND THE19
DEVELOPMENT, EXPANSION, REDEVELOPMENT , OR REUSE OF REAL20
PROPERTY THAT IS COMPLICATED BY THE PRESENCE OF A SUBSTANTIAL21
AMOUNT OF ONE OR MORE HAZARDOUS SUBSTANCES , POLLUTANTS, OR22
CONTAMINANTS , AS DESIGNATED BY THE UNITED STATES23
ENVIRONMENTAL PROTECTION AGENCY .24
(4)  "B
USINESS CONCERN" HAS THE SAME MEANING AS "BUSINESS",25
AS DEFINED IN SECTION 24-56-102 (1).26
(5)  "C
OUNTY REVITALIZATION AREA " MEANS A REVITALIZATION27
HB24-1172
-5- AREA THAT THE GOVERNING BODY DESIGNATES AS APPROPRIATE FOR THE1
COUNTY REVITALIZATION PROJECT .2
(6)  "C
OUNTY REVITALIZATION AUTHORITY " OR "AUTHORITY"3
MEANS A CORPORATE BODY ORGANIZED PURSUANT TO THIS ARTICLE 31.4
(7)  "C
OUNTY REVITALIZATION PLAN " MEANS A PLAN FOR THE5
COUNTY REVITALIZATION PROJECT THAT :6
(a)  C
ONFORMS TO A GENERAL OR MASTER PLAN FOR THE PHYSICAL7
DEVELOPMENT OF THE COUNTY AS A WHOLE ;8
(b)  I
NDICATES LAND ACQUISITION , DEVELOPMENT ,9
REDEVELOPMENT, REHABILITATION, AND ADDITIONAL LAND AND CAPITAL10
IMPROVEMENTS;11
(c)  I
NCLUDES ZONING AND PL ANNING CHANGES	, IF ANY, LAND12
USES, MAXIMUM DENSITIES, AND BUILDING REQUIREMENTS; AND13
(d)  D
EFINES THE PLAN'S RELATIONSHIP TO DEFINED LOCAL14
OBJECTIVES RESPECTING APPROPRIATE LAND USES , IMPROVED TRAFFIC,15
PUBLIC TRANSPORTATION , PUBLIC UTILITIES, RECREATIONAL AND16
COMMUNITY FACILITIES, AND OTHER PUBLIC IMPROVEMENTS .17
(8)  "C
OUNTY REVITALIZATION PROJECT " MEANS UNDERTAKINGS18
AND ACTIVITIES THAT TAKE ADVANTAGE OF REVITALIZATION AREAS IN19
ACCORDANCE WITH THE C OUNTY REVITALIZATION PLAN	. SUCH20
UNDERTAKINGS AND ACTIVITIES MAY INCLUDE :21
(a)  A
CQUISITION OF A REVITALIZATION AREA OR ANY PORTION22
THEREOF;23
(b)  D
EMOLITION AND REMOVAL OF BUILDINGS AND24
IMPROVEMENTS;25
(c)  I
NSTALLATION, CONSTRUCTION, OR RECONSTRUCTION OF26
STREETS, UTILITIES, PARKS, PLAYGROUNDS, AND OTHER IMPROVEMENTS ;27
HB24-1172
-6- (d)  DISPOSITION OF ANY PROPERTY ACQUIRED OR HELD BY THE1
AUTHORITY AS A PART OF THE COUNTY REVITALIZATION PROJECT FOR2
COUNTY REVITALIZATION AREAS . DISPOSITION INCLUDES SALE, INITIAL3
LEASING, OR TEMPORARY RETENTION BY THE AUTHORITY AT THE FAIR4
VALUE OF THE PROPERTY FOR USE IN ACCORDANCE WITH THE COUNTY5
REVITALIZATION PLAN.6
(e)  C
ARRYING OUT PLANS FOR A PROGRAM THROUGH VOLUNTARY7
ACTION AND THE REGULATORY PROCESS FOR THE REPAIR , ALTERATION,8
AND REHABILITATION OF BUILDINGS OR OTHER IMPROVEMENTS IN9
ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN ; AND10
(f)  A
CQUISITION OF ANY PROPERTY NECESSARY TO ACHIEVE THE11
OBJECTIVES OF THE COUNTY REVITALIZATION PLAN .12
(9)  "D
ISPLACED PERSON" HAS THE SAME MEANING AS SET FORTH13
IN SECTION 24-56-102 (2), AND ALSO INCLUDES ANY INDIVIDUAL, FAMILY,14
OR BUSINESS CONCERN DISPLACED BY AN AUTHORITY ACQUIRING REAL15
PROPERTY THROUGH THE EXERCISE OF EMINENT DOMAIN .16
(10)  "G
OVERNING BODY" MEANS THE BOARD OF COUNTY17
COMMISSIONERS OF THE COUNTY WITHIN WHICH AN AUTHORITY IS18
ESTABLISHED OR PROPOSED TO BE ESTABLISHED .19
(11)  "O
BLIGEE" MEANS ANY BONDHOLDER , AGENT, TRUSTEE FOR20
ANY BONDHOLDER, LESSOR DEMISING TO AN AUTHORITY PROPERTY USED21
IN CONNECTION WITH THE COUNTY REVITALIZATION PROJECT OF THE22
AUTHORITY, ASSIGNEE OF SUCH LESSOR 'S INTEREST OR ANY PART23
THEREOF, OR THE FEDERAL GOVERNMENT WHEN IT IS A PARTY TO ANY24
CONTRACT OR AGREEMENT WITH AN AUTHORITY .25
(12)  "P
UBLIC BODY" MEANS THE STATE OF COLORADO AND ANY26
COUNTY, QUASI-MUNICIPAL CORPORATION , BOARD, COMMISSION,27
HB24-1172
-7- AUTHORITY, POLITICAL SUBDIVISION, OR PUBLIC CORPORATE BODY OF THE1
STATE.2
(13)  "R
EAL PROPERTY" MEANS LANDS, LANDS UNDER WATER ,3
STRUCTURES, EASEMENTS , FRANCHISES, AND INCORPOREAL4
HEREDITAMENTS AND EVERY ESTATE AND RIGHT THEREIN , LEGAL AND5
EQUITABLE, INCLUDING TERMS FOR YEARS AND LIENS BY WAY OF6
JUDGMENT, MORTGAGE, OR OTHERWISE.7
(14)  "R
EVITALIZATION AREA" MEANS AN AREA THAT, UPON THE8
IMPLEMENTATION OF THE COUNTY REVITALIZATION PLAN , SUBSTANTIALLY9
PROMOTES THE SOUND GROWTH OF THE COUNTY , IMPROVES ECONOMIC10
AND SOCIAL CONDITIONS, AND FURTHERS THE HEALTH , SAFETY, AND11
WELL-BEING OF THE PUBLIC BY THE ACTUALIZATION OF ONE OF THE12
FOLLOWING OPPORTUNITY FACTORS :13
(a)  I
NVESTMENT IN CRITICAL INFRASTRUCTURE , INCLUDING14
WATER, SANITARY SEWER AND STORM WATER SYSTEMS AND15
MANAGEMENT, ELECTRICITY, AND OTHER PUBLIC UTILITIES TO ACHIEVE16
DESIRED LEVELS OF RESIDENTIAL DENSITY AND EMPLOYMENT GROWTH ;17
(b)  I
MPROVEMENT OF MOBILITY AND INCREASED ACCESS TO18
TRANSPORTATION CORRIDORS AND MULTIMODAL TRANSPORTATION19
OPTIONS;20
(c)  D
EVELOPMENT OF AFFORDABLE HOUSING PROXIMATE TO21
ENHANCED TRANSPORTATION HUBS AND CORRIDORS ;22
(d)  D
EVELOPMENT OF ECONOMIC OPPORTUNITIES FOR JOB23
CREATION AND GROWTH IN ENTREPRENEURSHIP AND SUCCESSFUL24
LOCATION OF EXISTING BUSINESSES;25
(e)  E
XPANSION OF ACCESS TO HEALTHY FOOD SYSTEMS ,26
COMMUNITY MEDICAL SERVICES , PUBLIC PARKS, OR PUBLIC EDUCATION27
HB24-1172
-8- OPPORTUNITIES;1
(f)  I
MPROVEMENT OF CIRCULATION PATTERNS AND ENHANCEMENT2
OF SAFE AND RELIABLE PUBLIC TRANSPORTATION SYSTEMS ;3
(g)  R
EMEDIATION OF CONTAMINATED SOILS OR WATER ;4
(h)  C
LEARANCE, ABATEMENT, OR REHABILITATION OF5
STRUCTURALLY UNSOUND , DETERIORATING, OR OTHERWISE UNSAFE6
STRUCTURES; OR7
(i)  R
EDEVELOPMENT OF FORMER LANDFILLS , FLOODPLAINS, OR8
OTHER AREAS CHALLENGED BY TOPOGRAPHY THAT , IN THEIR PRESENT9
CONDITION, POSE A THREAT TO PUBLIC HEALTH AND SAFETY .10
(15)  "U
RBAN-LEVEL DEVELOPMENT" MEANS AN AREA IN WHICH11
THERE IS A PREDOMINANCE OF EITHER PERMANENT STRUCTURES OR12
ABOVE-GROUND OR AT-GRADE INFRASTRUCTURE.13
30-31-104.  County revitalization authority. (1) (a)  A
NY14
TWENTY-FIVE REGISTERED ELECTORS OF A COUNTY MAY FILE A PETITION15
WITH THE GOVERNING BODY OR ITS DESIGNEE , OR THE GOVERNING BODY16
MAY ADOPT A RESOLUTION, SETTING FORTH THAT THERE IS A NEED FOR A17
COUNTY REVITALIZATION AUTHORITY IN THE COUNTY .18
(b) (I)  U
PON THE FILING OF A PETITION OR THE ADOPTION OF A19
RESOLUTION DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, A COUNTY20
SHALL GIVE NOTICE OF THE TIME , PLACE, AND PURPOSE OF A PUBLIC21
HEARING WHERE THE GOVERNING BODY WILL DETERMINE THE NEED FOR22
THE COUNTY REVITALIZATION AUTHORITY IN THE COUNTY . THIS NOTICE23
MUST ALSO INCLUDE A GENERAL DESCRIPTION OF THE LAND THAT WOULD24
BE PART OF THE COUNTY REVITALIZATION AREA . THE COUNTY MUST GIVE25
THIS NOTICE TO EVERY MUNICIPALITY WITHIN THREE MILES OF THE26
PROPOSED AUTHORITY.27
HB24-1172
-9- (II)  A COUNTY SHALL PROVIDE THE NOTICE DESCRIBED IN THIS1
SUBSECTION (1)(b) AT ITS OWN EXPENSE BY PUBLISHING THE NOTICE AT2
LEAST THIRTY DAYS PRECEDING THE DAY ON WHICH THE HEARING IS TO BE3
HELD IN A NEWSPAPER HAVING A GENERAL CIRCULATION IN THE COUNTY4
OR, IF THERE IS NO SUCH NEWSPAPER, BY POSTING THE NOTICE IN AT LEAST5
THREE PUBLIC PLACES WITHIN THE COUNTY AT LEAST THIRTY DAYS6
PRECEDING THE DAY ON WHICH THE HEARING IS TO BE HELD .7
(III)  A
T THE HEARING HELD PURSUANT TO THE NOTICE DESCRIBED8
IN THIS SUBSECTION (1)(b), THE GOVERNING BODY SHALL GRANT A FULL9
OPPORTUNITY TO BE HEARD TO ALL COUNTY RESIDENTS , TAXPAYERS,10
MUNICIPALITIES WITHIN THREE MILES OF THE PROPOSED AUTHORITY , AND11
OTHER INTERESTED PERSONS.12
(c)  A
FTER THE HEARING HELD PURSUANT TO THE NOTICE13
DESCRIBED IN SUBSECTION (1)(b) OF THIS SECTION, THE GOVERNING BODY14
SHALL ADOPT A RESOLUTION FINDING A NEED FOR AND CREATING THE15
COUNTY REVITALIZATION AUTHORITY IF THE GOVERNING BODY :16
(I)  D
ETERMINES THAT THERE ARE ONE OR MORE REVITALIZATION17
AREAS IN THE COUNTY OUTSIDE OF EXISTING URBAN RENEWAL18
AUTHORITIES;19
(II)  D
ETERMINES THAT THE ACQUISITION , CLEARANCE,20
REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT, OR21
ANY COMBINATION THEREOF OF SUCH REVITALIZATION AREAS IS22
NECESSARY AND IN THE INTEREST OF THE PUBLIC HEALTH , SAFETY, OR23
WELFARE OF THE COUNTY RESIDENTS ; AND24
(III)  D
ECLARES IT TO BE IN THE PUBLIC INTEREST THAT THE25
COUNTY REVITALIZATION AUTHORITY BE CREATED AND EXERCISES THE26
POWERS PROVIDED IN THIS ARTICLE 31.27
HB24-1172
-10- (d) (I)  IF THE GOVERNING BODY ADOPTS A RESOLUTION IN1
ACCORDANCE WITH SUBSECTION (1)(c) OF THIS SECTION, THE GOVERNING2
BODY SHALL APPOINT AUTHORITY COMMISSIONERS AS PROVIDED IN3
SUBSECTION (2) OF THIS SECTION.4
(II)  I
F THE GOVERNING BODY, AFTER A HEARING HELD PURSUANT5
TO SUBSECTION (1)(b) OF THIS SECTION, DETERMINES THAT IT CANNOT6
MAKE THE DETERMINATIONS AND DECLARATION ENUMERATED IN7
SUBSECTION (1)(c) OF THIS SECTION, IT SHALL ADOPT A RESOLUTION8
DENYING THE PETITION FILED PURSUANT TO SUBSECTION (1)(a) OF THIS9
SECTION. ONLY BEGINNING SIX MONTHS AFTER THE DENIAL OF SUCH A10
PETITION MAY REGISTERED ELECTORS FILE SUBSEQUENT PETITIONS WITH11
THE GOVERNING BODY OR ITS DESIGNEE, SETTING FORTH THAT THERE IS A12
NEED FOR THE COUNTY REVITALIZATION AUTHORITY IN THE COUNTY .13
(2) (a) (I)  A
N AUTHORITY CONSISTS OF NO FEWER THAN THREE14
AND NO MORE THAN EIGHT AUTHORITY COMMISSIONERS .15
(II) (A)  I
F AT LEAST ONE TAXING ENTITY HAS JOINED THE16
AUTHORITY PURSUANT TO SUBSECTION (6) OF THIS SECTION, ONE17
AUTHORITY COMMISSIONER MUST BE A BOARD MEMBER OF A SPECIAL18
DISTRICT SELECTED BY AGREEMENT OF THE SPECIAL DISTRICTS LEVYING19
A MILL LEVY WITHIN THE BOUNDARIES OF THE COUNTY REVITALIZATION20
AUTHORITY AREA THAT HAVE JOINED THE COUNTY REVITALIZATION21
AUTHORITY AND ONE AUTHORITY COMMISSIONER MUST BE AN ELECTED22
MEMBER OF A BOARD OF EDUCATION OF A SCHOOL DISTRICT LEVYING A23
MILL LEVY WITHIN THE BOUNDARIES OF THE COUNTY REVITALIZATION24
AUTHORITY AREA WHO IS SELECTED BY AGREEMENT OF THE SCHOOL25
DISTRICTS LEVYING A MILL LEVY WITHIN THE BOUNDARIES OF THE C OUNTY26
REVITALIZATION AREA THAT HAVE JOINED THE COUNTY REVITALIZATION27
HB24-1172
-11- AUTHORITY.1
(B)  I
F NO SPECIAL DISTRICT OR SCHOOL DISTRICT APPOINTS AN2
AUTHORITY COMMISSIONER , THEN THE SPECIAL DISTRICT OR SCHOOL3
DISTRICT APPOINTMENT REMAINS VACANT UNTIL THE APPLICABLE4
APPOINTING AUTHORITY MAKES THE APPOINTMENT PURSUANT TO THIS5
SUBSECTION (2)(a).6
(III)  I
F THE GOVERNING BODY APPOINTS AN EVEN NUMBER OF7
AUTHORITY COMMISSIONERS , THE GOVERNING BODY SHALL DESIGNATE AN8
AUTHORITY COMMISSIONER AS THE AUTHORITY COMMISSIONER WHO9
CASTS THE DECIDING VOTE IN THE CASE OF AN OTHERWISE TIE VOTE .10
(b) (I)  A
UTHORITY COMMISSIONER TERMS ARE FOR FOUR YEARS ;11
EXCEPT THAT THE GOVERNING BODY SHALL ASSIGN TERMS OF FOUR YEARS12
OR FEWER FOR THE INITIAL AUTHORITY COMMISSIONERS SO THAT13
AUTHORITY COMMISSIONERS SERVE FOR STAGGERED TERMS .14
(II)  T
HE GOVERNING BODY SHALL FILL AUTHORITY COMMISSIONER15
VACANCIES, OTHER THAN THOSE THAT OCCUR DUE TO THE EXPIRATION OF16
TERMS, FOR THE REMAINING UNEXPIRED TERM ; EXCEPT THAT A VACANCY17
OF THE SPECIAL DISTRICT -APPOINTED SEAT MUST BE FILLED BY18
AGREEMENT OF THE AFFECTED SPECIAL DISTRICTS AND A VACANCY OF THE19
SCHOOL-DISTRICT APPOINTED SEAT MUST BE FILLED BY AGREEMENT OF20
THE AFFECTED SCHOOL DISTRICTS.21
(III)  A
N AUTHORITY COMMISSIONER HOLDS OFFICE UNTIL THE22
GOVERNING BODY APPOINTS THE AUTHORITY COMMISSIONER 'S QUALIFIED23
SUCCESSOR.24
(c) (I)  T
HE GOVERNING BODY SHALL DESI GNATE THE CHAIRPERSON25
FOR THE FIRST YEAR OF THE AUTHORITY. WHEN THE OFFICE OF THE FIRST26
CHAIRPERSON OF THE AUTHORITY BECOMES VACANT AND ANNUALLY27
HB24-1172
-12- THEREAFTER, THE AUTHORITY SHALL SELECT A CHAIRPERSON AND1
VICE-CHAIRPERSON FROM AMONG ITS MEMBERS .2
(II)  A
N AUTHORITY MAY EMPLOY A SECRETARY , AN EXECUTIVE3
DIRECTOR, TECHNICAL EXPERTS, AND SUCH OTHER OFFICERS, AGENTS, AND4
EMPLOYEES AS IT MAY REQUIRE AND SHALL DETERMINE THEIR5
QUALIFICATIONS, DUTIES, AND COMPENSATION.6
(III)  A
N AUTHORITY MAY CALL UPON THE COUNTY ATTORNEY AND7
EMPLOY ITS OWN COUNSEL AND LEGAL STAFF FOR LEGAL SERVICES .8
(IV)  A
N AUTHORITY MAY DELEGATE POWERS AND DUTIES TO ONE9
OR MORE OF ITS AGENTS OR EMPLOYEES AS IT DEEMS PROPER .10
(d)  T
HE GOVERNING BODY SHALL FILE WITH THE COUNTY CLERK11
AND RECORDER A CERTIFICATE OF THE APPOINTMENT OR REAPPOINTMENT12
OF ANY AUTHORITY COMMISSIONER , AND THE CERTIFICATE IS CONCLUSIVE13
EVIDENCE OF THE DUE AND PROPER APPOINTMENT OF THE AUTHORITY14
COMMISSIONER.15
(e)  A
N AUTHORITY COMMISSIONER RECEIVES NO COMPENSATION16
FOR SERVICES RENDERED, BUT IS ENTITLED TO REIMBURSEMENT FOR17
NECESSARY EXPENSES, INCLUDING TRAVELING EXPENSES , INCURRED IN18
THE DISCHARGE OF THE DUTIES DESCRIBED IN THIS ARTICLE 31.19
(f)  A
 MAJORITY OF THE AUTHORITY COMMISSIONERS CONSTITUTES20
A QUORUM.21
(3) (a) (I)  U
PON APPOINTMENT AS AN AUTHORITY COMMISSIONER ,22
AN AUTHORITY COMMISSIONER SHALL FILE A CERTIFICATE WITH THE23
DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS24
SETTING FORTH THAT THE GOVERNING BODY , AFTER THE HEARING25
REQUIRED BY SUBSECTION (1)(b) OF THIS SECTION, MADE THE FINDINGS26
AND DECLARATION REQUIRED IN SUBSECTION (1)(c) OF THIS SECTION AND27
HB24-1172
-13- APPOINTED THE AUTHORITY COMMISSIONER .1
(II)  U
PON AN AUTHORITY COMMISSIONER FILING SUCH A2
CERTIFICATE, THE AUTHORITY COMMISSIONER AND ANY SUCCESSOR3
CONSTITUTES THE COUNTY REVITALIZATION AUTHORITY , WHICH IS A BODY4
CORPORATE AND POLITIC.5
(b)  I
N ANY SUIT, ACTION, OR PROCEEDING INVOLVING THE6
VALIDITY OR ENFORCEMENT OF ANY BOND , CONTRACT, MORTGAGE, TRUST7
INDENTURE, OR OTHER AGREEMENT OF THE AUTHORITY , THE AUTHORITY8
MUST BE CONCLUSIVELY DEEMED TO HAVE BEEN ESTABLISHED IN9
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE 31 UPON PROOF OF10
THE FILING OF THE CERTIFICATE DESCRIBED IN THIS SUBSECTION (3). A11
COPY OF THE CERTIFICATE, DULY CERTIFIED BY THE DIRECTOR OF THE12
DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS ,13
IS ADMISSIBLE IN EVIDENCE IN ANY SUCH SUIT, ACTION, OR PROCEEDING.14
(4) (a) (I)  N
EITHER ANY AUTHORITY COMMISSIONER , AUTHORITY15
OFFICER, OR EMPLOYEE OF AN AUTHORITY NOR ANY IMMEDIATE FAMILY16
MEMBER OF ANY SUCH AUTHORITY COMMISSIONER , OFFICER, OR17
EMPLOYEE MAY ACQUIRE ANY INTEREST , DIRECT OR INDIRECT, IN ANY18
COUNTY REVITALIZATION PROJECT OR IN ANY PROPERTY INCLUDED OR19
PLANNED TO BE INCLUDED IN ANY COUNTY REVITALIZATION PROJECT .20
(II)  A
N AUTHORITY COMMISSIONER SHALL NOT HAVE ANY21
INTEREST, DIRECT OR INDIRECT, IN ANY CONTRACT OR PROPOSED22
CONTRACT FOR MATERIALS OR SERVICES TO BE FURNISHED OR USED IN23
CONNECTION WITH ANY COUNTY REVITALIZATION PROJECT .24
(b) (I) (A)  I
F AN AUTHORITY COMMISSIONER, AUTHORITY OFFICER,25
OR EMPLOYEE OF AN AUTHORITY OWNS OR CONTROLS AN INTEREST ,26
DIRECT OR INDIRECT, IN ANY PROPERTY INCLUDED OR PLANNED TO BE27
HB24-1172
-14- INCLUDED IN THE COUNTY REVITALIZATION PROJECT , THE AUTHORITY1
COMMISSIONER SHALL IMMEDIATELY DISCLOSE THE INTEREST IN WRITING2
TO THE AUTHORITY. THE DISCLOSURE MUST BE ENTERED UPON THE3
MINUTES OF THE AUTHORITY.4
(B)  U
PON A DISCLOSURE MADE PURSUANT TO SUBSECTION5
(4)(b)(I)(A) 
OF THIS SECTION, THE AUTHORITY COMMISSIONER , OFFICER,6
OR OTHER EMPLOYEE SHALL NOT PARTICIPATE IN ANY ACTION BY THE7
AUTHORITY AFFECTING THE CARRYING OUT OF THE COUNTY8
REVITALIZATION PROJECT PLANNING OR THE UNDERTAKING OF THE9
PROJECT, UNLESS THE AUTHORITY DETERMINES THAT , NOTWITHSTANDING10
THE PERSONAL INTEREST , THE PARTICIPATION OF THE AUTHORITY11
COMMISSIONER, OFFICER, OR EMPLOYEE WOULD NOT BE CONTRARY TO THE12
PUBLIC INTEREST.13
(II)  A
CQUISITION OR RETENTION OF ANY INTEREST DESCRIBED IN14
SUBSECTION (4)(b)(I)(A) OF THIS SECTION WITHOUT A DETERMINATION BY15
THE AUTHORITY THAT THE INTEREST IS NOT CONTRARY TO THE PUBLIC16
INTEREST OR WILLFUL FAILURE TO DISCLOSE ANY SUCH INTEREST17
CONSTITUTES MISCONDUCT IN OFFICE .18
(5) (a)  T
HE GOVERNING BODY MAY REMOVE AN AUTHORITY19
COMMISSIONER FOR INEFFICIENCY OR NEGLECT OF DUTY OR MISCONDUCT20
IN OFFICE ONLY AFTER THE AUTHORITY COMMISSIONER HAS BEEN GIVEN21
A COPY OF THE CHARGES THAT THE GOVERNING BODY MADE AGAINST THE22
AUTHORITY COMMISSIONER AND THE AUTHORITY COMMISSIONER HAS HAD23
AN OPPORTUNITY TO BE HEARD IN PERSON OR THROUGH COUNSEL BEFORE24
THE GOVERNING BODY.25
(b)  I
F ANY AUTHORITY COMMISSIONER IS REMOVED , THE26
GOVERNING BODY SHALL FILE A RECORD OF THE PROCEEDINGS , TOGETHER27
HB24-1172
-15- WITH THE CHARGES MADE AGAINST THE AUTHORITY COMMISSIONER AND1
ANY RELATED FINDINGS, IN THE OFFICE OF THE COUNTY CLERK AND2
RECORDER.3
(6) (a)  A
NY TAXING ENTITY, OTHER THAN THE COUNTY , THAT4
LEVIES TAXES IN AN AREA THAT WOULD FALL UNDER THE COUNTY5
REVITALIZATION PLAN PROPOSED BY THE AUTHORITY MAY FILE A PETITION6
WITH THE AUTHORITY REQUESTING TO JOIN THE AUTHORITY .7
(b)  W
ITHIN THIRTY DAYS OF RECEIVING THE NOTICE DESCRIBED IN8
SUBSECTION (6)(a) OF THIS SECTION, THE AUTHORITY SHALL HOLD A9
PUBLIC HEARING TO DETERMINE WHETHER THE TAXING ENTITY THAT FILED10
A PETITION SHOULD BE INCLUDED IN THE AUTHORITY .11
(c)  T
HE INCREMENTAL PROPERTY TAX REVENUE OF A TAXING12
ENTITY THAT EITHER DOES NOT FILE A PETITION IN ACCORDANCE WITH13
SUBSECTION (6)(a) OF THIS SECTION OR THAT THE AUTHORITY DECIDES14
NOT TO INCLUDE IN THE AUTHORITY DURING A HEARING HELD IN15
ACCORDANCE WITH SUBSECTION (6)(b) OF THIS SECTION SHALL NOT BE16
ALLOCATED UNDER THE COUNTY REVITALIZATION PLAN PROPOSED BY THE17
AUTHORITY.18
30-31-105.  Powers of an authority. (1)  A
N AUTHORITY HAS ALL19
THE POWERS NECESSARY OR CONVENIENT TO CARRY OUT AND EFFECTUATE20
THE PURPOSES AND PROVISIONS OF THIS ARTICLE 31, INCLUDING THE21
POWER TO:22
(a)  S
UE AND TO BE SUED;23
(b)  A
DOPT AND ALTER A SEAL;24
(c)  H
AVE PERPETUAL SUCCESSION;25
(d)  M
AKE, AND FROM TIME TO TIME AMEND AND REPEAL , BYLAWS,26
ORDERS, RULES, AND REGULATIONS TO EFFECTUATE THE PROVISIONS OF27
HB24-1172
-16- THIS ARTICLE 31;1
(e)  U
NDERTAKE COUNTY REVITALIZATION PROJECTS ;2
(f)  M
AKE AND EXECUTE ANY AND ALL CONTRACTS AND OTHER3
INSTRUMENTS WHICH IT MAY DEEM NECESSARY OR CONVENIENT TO THE4
EXERCISE OF ITS POWERS UNDER THIS ARTICLE 31, INCLUDING CONTRACTS5
FOR ADVANCES, LOANS, GRANTS, AND CONTRIBUTIONS FROM THE FEDERAL6
GOVERNMENT OR ANY OTHER SOURCE ;7
(g)  A
RRANGE FOR THE FURNISHING OR REPAIR BY ANY PERSON OR8
PUBLIC BODY OF SERVICES, PRIVILEGES, WORKS, STREETS, ROADS, PUBLIC9
UTILITIES, OR EDUCATIONAL OR OTHER FACILITIES FOR OR IN CONNECTION10
WITH A PROJECT OF THE AUTHORITY;11
(h)  D
EDICATE PROPERTY ACQUIRED OR HELD BY THE AUTHORITY12
FOR PUBLIC WORKS, IMPROVEMENTS, FACILITIES, UTILITIES, AND OTHER13
PURPOSES;14
(i)  A
GREE, IN CONNECTION WITH ANY OF THE AUTHORITY 'S15
CONTRACTS, TO ANY CONDITIONS THAT THE AUTHORITY DEEMS16
REASONABLE AND APPROPRIATE UNDER THIS ARTICLE 31, INCLUDING17
CONDITIONS ATTACHED TO FEDERAL FINANCIAL ASSISTANCE , AND TO18
INCLUDE IN ANY CONTRACT MADE OR LET IN CONNECTION WITH ANY19
PROJECT OF THE AUTHORITY PROVISIONS TO FULFILL SUCH CONDITIONS AS20
IT MAY DEEM REASONABLE AND APPROPRIATE ;21
(j)  A
RRANGE WITH THE COUNTY OR OTHER RELE VANT PUBLIC22
BODY TO PLAN, REPLAN, ZONE, OR REZONE ANY PART OF THE AREA OF THE23
COUNTY OR OTHER PUBLIC BODY IN CONNECTION WITH ANY PROJECT24
PROPOSED OR BEING UNDERTAKEN BY THE AUTHORITY UNDER THIS25
ARTICLE 31;26
(k)  E
NTER, WITH THE CONSENT OF THE OWNER, ANY BUILDING OR27
HB24-1172
-17- PROPERTY IN ORDER TO MAKE SURVEYS OR APPRAISALS AND TO OBTAIN AN1
ORDER FOR THIS PURPOSE FROM A COURT OF COMPETENT JURISDICTION IF2
ENTRY IS DENIED OR RESISTED;3
(l)  A
CQUIRE ANY PROPERTY BY PURCHASE , LEASE, OPTION, GIFT,4
GRANT, BEQUEST, DEVISE, OR OTHERWISE TO ACQUIRE ANY INTEREST IN5
PROPERTY BY CONDEMNATION , INCLUDING A FEE SIMPLE ABSOLUTE TITLE,6
IN THE MANNER PROVIDED BY THE LAWS OF THE STATE FOR THE EXERCISE7
OF THE POWER OF EMINENT DOMAIN BY ANY OTHER PUBLIC BODY .8
P
ROPERTY ALREADY DEVOTED TO A PUBLIC USE MAY BE ACQUIRED IN A9
LIKE MANNER; EXCEPT THAT NO PROPERTY BELONGING TO THE FEDERAL10
GOVERNMENT OR TO A PUBLIC BODY MAY BE ACQUIRED WITHOUT ITS11
CONSENT. ANY ACQUISITION OF ANY INTEREST IN PROPERTY BY12
CONDEMNATION BY AN AUTHORITY MUST BE APPROVED AS PART OF THE13
COUNTY REVITALIZATION PLAN OR THE SUBSTANTIAL MODIFICATION OF14
THE COUNTY REVITALIZATION PLAN , AS PROVIDED IN SECTION 30-31-109,15
MUST BE APPROVED BY A MAJORITY VOTE OF THE GOVERNING BODY IN16
WHICH THE PROPERTY IS LOCATED, AND MUST SATISFY THE REQUIREMENTS17
OF SECTION 30-31-106.18
(m)  H
OLD, IMPROVE, CLEAR, OR PREPARE FOR REDEVELOPMENT19
ANY PROPERTY ACQUIRED BY CONDEMNATION BY AN AUTHORITY ;20
(n)  M
ORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE21
ENCUMBER OR DISPOSE OF ITS PROPERTY ;22
(o)  I
NSURE ANY PROPERTY OR OPERATIONS OF THE AUTHORITY23
AGAINST ANY RISKS OR HAZARDS ; EXCEPT THAT NO PROVISION OF ANY24
OTHER LAW WITH RESPECT TO THE PLANNING OR UNDERTAKING OF25
PROJECTS OR THE ACQUISITION, CLEARANCE, OR DISPOSITION OF PROPERTY26
BY PUBLIC BODIES MAY RESTRICT AN AUTHORITY FROM EXERCISING27
HB24-1172
-18- POWERS UNDER THIS ARTICLE 31 WITH RESPECT TO A PROJECT OF THE1
AUTHORITY UNLESS THE GENERAL ASSEMBLY SO STATES ;2
(p) (I)  I
NVEST ANY OF THE AUTHORITY 'S MONEY NOT REQUIRED3
FOR IMMEDIATE DISBURSEMENT IN PROPERTY OR IN SECURITIES IN WHICH4
PUBLIC BODIES MAY LEGALLY INVEST MONEY SUBJECT TO THEIR CONTROL5
PURSUANT TO PART 6 OF ARTICLE 75 OF TITLE 24, AND TO REDEEM SUCH6
BONDS AS THE AUTHORITY HAS ISSUED AT THE REDEMPTION PRICE7
ESTABLISHED THEREIN OR TO PURCHASE SUCH BONDS AT LESS THAN8
REDEMPTION PRICE. ALL SUCH BONDS ISSUED BY AND THEN REDEEMED OR9
PURCHASED BY AN AUTHORITY ARE CANCELED .10
(II)  D
EPOSIT ANY MONEY NOT REQUIRED FOR IMMEDIATE11
DISBURSEMENT IN ANY DEPOSITORY AUTHORIZED IN SECTION 24-75-603.12
F
OR THE PURPOSE OF MAKING SUCH DEPOSITS , THE AUTHORITY MAY13
APPOINT, BY WRITTEN RESOLUTION, ONE OR MORE PERSONS TO ACT AS14
CUSTODIANS OF THE MONEY OF THE AUTHORITY . SUCH PERSONS SHALL15
GIVE SURETY BONDS IN SUCH AMOUNTS AND FORM AND FOR SUCH16
PURPOSES AS THE AUTHORITY REQUIRES .17
(III)  B
ORROW MONEY AND APPLY FOR AND ACCEPT ADVANCES ,18
LOANS, GRANTS, AND CONTRIBUTIONS FROM THE FEDERAL GOVERNMENT19
OR ANY OTHER SOURCE FOR ANY OF THE PURPOSES OF THIS ARTICLE 3120
AND TO GIVE SUCH SECURITY AS THE FEDERAL GOVERNMENT OR OTHER21
LENDER MAY REQUIRE;22
(IV)  M
AKE APPROPRIATIONS AND EXPENDITURES OF ITS FUNDS ;23
AND24
(V)  S
ET UP, ESTABLISH, AND MAINTAIN GENERAL, SEPARATE, OR25
SPECIAL FUNDS AND BANK ACCOUNTS OR OTHER ACCOUNTS AS IT DEEMS26
NECESSARY TO CARRY OUT THE PURPOSES OF THIS ARTICLE 31;27
HB24-1172
-19- (q)  MAKE AND SUBMIT, OR RESUBMIT TO THE GOVERNING BODY1
FOR APPROPRIATE ACTION , THE AUTHORITY'S PROPOSED PLANS AND2
MODIFICATIONS TO THOSE PLANS AS NECESSARY FOR THE CARRYING OUT3
OF THE PURPOSES OF THIS ARTICLE 31. SUCH PLANS MUST INCLUDE:4
(I)  A
 ROADMAP TO ASSIST THE COUNTY IN ITS PREPARATION OF A5
WORKABLE PROGRAM FOR UTILIZING APPROPRIATE PRIVATE AND PUBLIC6
RESOURCES TO TAKE ADVANTAGE OF REVITALIZATION AREAS , TO7
ENCOURAGE NEEDED COUNTY REVITALIZATION , TO PROVIDE FOR THE8
REDEVELOPMENT OF REVITALIZATION AREAS , OR TO UNDERTAKE SUCH9
ACTIVITIES AS MAY BE SUITABLY EMPLOYED TO ACHIEVE THE OBJECTIVES10
OF SUCH A WORKABLE PROGRAM , WHICH MAY INCLUDE PROVISIONS FOR :11
(A)  T
HE REHABILITATION OR CONSERVATION OF REVITALIZATION12
AREAS OR PORTIONS OF THOSE AREAS BY REPLANNING , REMOVING13
CONGESTION, PROVIDING PUBLIC IMPROVEMENTS, AND ENCOURAGING THE14
REHABILITATION AND REPAIR OF DETERIORATED OR DETERIORATING15
STRUCTURES; AND16
(B)  T
HE CLEARANCE AND REDEVELOPMENT OF REVITALIZATION17
AREAS OR PORTIONS OF THOSE AREAS ;18
(II)  C
OUNTY REVITALIZATION PLANS;19
(III)  P
LANS FOR THE RELOCATION OF THOSE INDIVIDUALS ,20
FAMILIES, AND BUSINESS CONCERNS SITUATED IN THE COUNTY21
REVITALIZATION AREA WHICH WILL BE DISPLACED BY THE COUNTY22
REVITALIZATION PROJECT. THESE RELOCATION PLANS MAY INCLUDE DATA23
SETTING FORTH A FEASIBLE METHOD FOR THE TEMPORARY RELOCATION OF24
SUCH INDIVIDUALS, FAMILIES, AND BUSINESS CONCERNS AND SHOWING25
THAT THERE WILL BE PROVIDED, IN THE COUNTY REVITALIZATION AREA OR26
IN OTHER AREAS NOT GENERALLY LESS DESIRABLE IN REGARD TO PUBLIC27
HB24-1172
-20- UTILITIES AND PUBLIC AND COMMERCIAL FACILITIES , AND AT RENTS OR1
PRICES WITHIN THE FINANCIAL MEANS OF SUCH INDIVIDUALS , FAMILIES,2
AND BUSINESS CONCERNS, DECENT, SAFE, AND SANITARY DWELLINGS AND3
COMMERCIAL SPACES EQUAL IN NUMBER TO AND AVAILABLE TO SUCH4
INDIVIDUALS, FAMILIES, AND BUSINESS CONCERNS AND REASONABLY5
ACCESSIBLE TO THEIR PLACES OF EMPLOYMENT OR BUSINESS .6
(IV)  P
LANS FOR UNDERTAKING A PROGRAM OF VOLUNTARY REPAIR7
AND REHABILITATION OF BUILDINGS AND IMPROVEMENTS ;8
(V)  P
LANS FOR THE ENFORCEMENT OF STATE AND LOCAL LAWS ,9
CODES, AND REGULATIONS RELATING TO:10
(A)  T
HE USE OF LAND;11
(B)  T
HE USE AND OCCUPANCY OF BUILDINGS ;12
(C)  B
UILDING IMPROVEMENTS; AND13
(D)  T
HE REPAIR, REHABILITATION, DEMOLITION, OR REMOVAL OF14
BUILDINGS AND IMPROVEMENTS ; AND15
(VI)  F
INANCING PLANS, MAPS, PLATS, APPRAISALS, TITLE16
SEARCHES, SURVEYS, STUDIES, AND OTHER PRELIMINARY PLANS AND17
WORK PERTINENT TO ANY PROPOSED PLANS OR MODIFICATIONS ;18
(r)  M
AKE REASONABLE RELOCATION PAYMENTS TO OR WITH19
RESPECT TO INDIVIDUALS, FAMILIES, AND BUSINESS CONCERNS SITUATED20
IN THE COUNTY REVITALIZATION AREA THAT WILL BE DISPLACED AS21
PROVIDED IN SUBSECTION (1)(q)(III) OF THIS SECTION FOR MOVING22
EXPENSES AND ACTUAL DIRECT LOSSES OF PROPERTY INCLUDING , FOR23
BUSINESS CONCERNS , GOODWILL AND LOST PROFITS THAT ARE24
REASONABLY RELATED TO RELOCATION OF THE BUSINESS , RESULTING25
FROM THEIR DISPLACEMENT FOR WHICH REIMBURSEMENT OR26
COMPENSATION IS NOT OTHERWISE MADE , INCLUDING THE MAKING OF27
HB24-1172
-21- SUCH PAYMENTS FINANCED BY THE FEDERAL GOVERNMENT ;1
(s)  D
EVELOP, TEST, AND REPORT METHODS AND TECHNIQUES FOR2
TAKING ADVANTAGE OF THE REVITALIZATION AREAS WITHIN THE COUNTY3
AND CARRY OUT DEMONSTRATIONS AND OTHER ACTIVITIES FOR TAKING4
ADVANTAGE OF THE REVITALIZATION AREAS ; AND5
(t)  R
ENT OR PROVIDE BY OTHER MEANS , INCLUDING ACCEPTING6
THE USE OF SUITABLE QUARTERS FURNISHED BY THE RELEVANT COUNTY7
OR ANY OTHER PUBLIC BODY, SUITABLE QUARTERS FOR THE USE OF THE8
AUTHORITY AND EQUIP SUCH QUARTERS WITH FURNITURE , FURNISHINGS,9
EQUIPMENT, RECORDS, AND SUPPLIES AS THE AUTHORITY DEEMS10
NECESSARY TO ENABLE IT TO EXERCISE ITS POWERS UNDER THIS ARTICLE11
31.12
(2)  N
O AUTHORITY HAS POWER TO LEVY OR ASSESS AD VALOREM13
TAXES, PERSONAL PROPERTY TAXES , OR ANY OTHER FORM OF TAXES14
INCLUDING SPECIAL ASSESSMENTS AGAINST ANY PROPERTY .15
(3)  N
O MUNICIPALITY IS REQUIRED TO PROVIDE SERVICES WITHIN16
THE BOUNDARIES OF THE COUNTY REVITALIZATION AREA ; EXCEPT THAT17
THE AUTHORITY AND A MUNICIPALITY MAY ENTER INTO AN18
INTERGOVERNMENTAL AGREEMENT REGARDING THE PROVISION OF19
SERVICES WITHIN THE BOUNDARIES OF THE COUNTY REVITALIZATION20
AREA.21
(4)  N
OTHING IN THIS ARTICLE 31 SHALL BE CONSTRUED TO AFFECT22
THE LAND USE AUTHORITY AND REGULATION BY ANY MUNICIPALITY AS23
PROVIDED BY LAW.24
30-31-106.  Acquisition of private property by eminent domain25
by authority for subsequent transfer to private party - restrictions -26
exceptions - right of civil action - damages - definitions.27
HB24-1172
-22- (1) (a)  EXCEPT AS PROVIDED IN THIS SUBSECTION (1) OR SUBSECTION (2)1
OF THIS SECTION, PRIVATE PROPERTY ACQUIRED BY EMINENT DOMAIN BY2
AN AUTHORITY PURSUANT TO SECTION 30-31-105 (1)(l) SHALL NOT LATER3
BE TRANSFERRED TO A PRIVATE PARTY UNLESS :4
(I)  T
HE OWNER OF THE PROPERTY CONSENTS IN WRITING TO5
ACQUISITION OF THE PROPERTY BY EMINENT DOMAIN BY THE AUTHORITY ;6
(II)  T
HE AUTHORITY DETERMINES THAT THE PROPERTY IS NO7
LONGER NECESSARY FOR THE PURPOSE FOR WHICH THE AUTHORITY8
ORIGINALLY ACQUIRED THE PROPERTY , AND THE AUTHORITY FIRST OFFERS9
TO SELL THE PROPERTY TO THE OWNER FROM WHICH THE AUTHORITY10
ACQUIRED THE PROPERTY, IF THE OWNER CAN BE LOCATED, AT A PRICE11
NOT MORE THAN THAT PAID BY THE AUTHORITY , AND THE OWNER OF THE12
PROPERTY DECLINES THE AUTHORITY 'S OFFER;13
(III)  T
HE PROPERTY ACQUIRED BY THE AUTHORITY IS ABANDONED ;14
OR15
(IV)  T
HE OWNER OF THE PROPERTY REQUESTS OR PLEADS IN AN16
EMINENT DOMAIN ACTION THAT THE AUTHORITY ACQUIRING THE17
PROPERTY ALSO ACQUIRE PROPERTY THAT IS NOT ESSENTIAL TO THE18
PURPOSE OF THE AUTHORITY 'S ACQUISITION ON THE BASIS THAT19
ACQUIRING LESS PROPERTY WOULD LEAVE THE OWNER OF THE PROPERTY20
HOLDING AN UNECONOMIC REMNANT .21
(b)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,22
A TRANSFER THAT SATISFIES THE REQUIREMENTS OF THIS SUBSECTION (1)23
IS NOT SUBJECT TO THE PROVISIONS OF SUBSECTION (2), (3), OR (4) OF THIS24
SECTION.25
(2) (a)  I
F A PROPOSED TRANSFER OF PRIVATE PROPERTY ACQUIRED26
BY AN AUTHORITY BY EMINENT DOMAIN DOES NOT SATISFY ONE OF THE27
HB24-1172
-23- REQUIREMENTS SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION, SUCH1
PROPERTY MAY LATER BE TRANSFERRED TO A PRIVATE PARTY ONLY AFTER2
THE FOLLOWING CONDITIONS ARE SATISFIED :3
(I)  T
HE GOVERNING BODY MAKES A DETERMINATION THAT THE4
PROPERTY IS LOCATED IN A REVITALIZATION AREA AND THAT THE COUNTY5
REVITALIZATION PROJECT FOR WHICH THE PROPERTY WAS BEING6
ACQUIRED WILL COMMENCE NO LATER THAN SEVEN YEARS FROM THE DATE7
THE GOVERNING BODY MADE THE REVITALIZATION AREA DETERMINATION .8
F
OR PURPOSES OF THIS SUBSECTION (2)(a)(I), THE GOVERNING BODY 'S9
DETERMINATION OF WHETHER A PARTICULAR AREA OR PROPERTY IS A10
REVITALIZATION AREA MUST BE BASED UPON INFORMATION THAT IS11
REASONABLY CURRENT WHEN THE GOVERNING BODY MAKES THE12
DETERMINATION.13
(II)  N
OT LATER THAN THE COMMENCEMENT OF THE NEGOTIATION14
OF AN AGREEMENT FOR THE REDEVELOPMENT OR REHABILITATION OF15
PROPERTY ACQUIRED OR TO BE ACQUIRED BY EMINENT DOMAIN , THE16
AUTHORITY PROVIDES NOTICE AND INVITES PROPOSALS FOR17
REDEVELOPMENT OR REHABILITATION FROM ALL PROPERTY OWNERS ,18
RESIDENTS, AND OWNERS OF BUSINESS CONCERNS LOCATED ON THE19
PROPERTY ACQUIRED OR TO BE ACQUIRED BY EMINENT DOMAIN IN THE20
COUNTY REVITALIZATION AREA BY MAILING NOTICE TO THEIR LAST21
KNOWN ADDRESS OF RECORD . THE AUTHORITY MAY, AT THE SAME TIME,22
INVITE PROPOSALS FOR REDEVELOPMENT OR REHABILITATION FROM23
OWNERS OF BUSINESS CONCERNS , OTHER INTERESTED PERSONS WHO MAY24
NOT BE PROPERTY OWNERS , OR RESIDENTS WITHIN THE COUNTY25
REVITALIZATION AREA AND MAY PROVIDE PUBLIC NOTICE THEREOF BY26
PUBLICATION IN A NEWSPAPER HAVING A GENERAL CIRCULATION WITHIN27
HB24-1172
-24- THE COUNTY IN WHICH THE AUTHORITY HAS BEEN ESTABLISHED .1
(III)  I
N THE CASE OF A SET OF PARCELS TO BE ACQUIRED BY THE2
AUTHORITY IN CONNECTION WITH THE COUNTY REVITALIZATION PROJECT ,3
AT LEAST ONE OF WHICH PARCELS IS OWNED BY AN OWNER REFUSING OR4
REJECTING AN AGREEMENT FOR THE ACQUISITION OF THE ENTIRE SET OF5
PARCELS, THE AUTHORITY MAKES A DETERMINATION THAT THE6
REDEVELOPMENT OR REHABILITATION OF THE REMAINING PARCELS IS NOT7
VIABLE UNDER THE COUNTY REVITALIZATION PLAN WITHOUT THE PARCEL8
AT ISSUE.9
(b) (I)  A
NY OWNER OF PROPERTY LOCATED WITHIN THE COUNTY10
REVITALIZATION AREA MAY CHALLENGE THE DETERMINATION OF A11
REVITALIZATION AREA MADE BY THE GOVERNING BODY PURSUANT TO12
SUBSECTION (2)(a)(I) OF THIS SECTION BY FILING, NOT LATER THAN THIRTY13
DAYS AFTER THE DETERMINATION , A CIVIL ACTION IN DISTRICT COURT14
PURSUANT TO C.R.C.P. 106 (a)(4) FOR JUDICIAL REVIEW OF THE EXERCISE15
OF DISCRETION ON THE PART OF THE GOVERNING BODY IN MAKING THE16
DETERMINATION. ANY SUCH ACTION MUST BE GOVERNED IN ACCORDANCE17
WITH THE PROCEDURES AND OTHER REQUIREMENTS SPECIFIED IN C.R.C.P.18
106 (a)(4); 
EXCEPT THAT THE GOVERNING BODY HAS THE BURDEN OF19
PROVING THAT, IN MAKING ITS REVITALIZATION AREA DETERMINATION , IT20
NEITHER EXCEEDED ITS JURISDICTION NOR ABUSED ITS DISCRETION .21
(II)  I
F THE OWNER IS THE PREVAILING PARTY ON A CHALLENGE22
BROUGHT PURSUANT TO THIS SUBSECTION (2)(b), AN AUTHORITY SEEKING23
TO ACQUIRE PROPERTY BY EMINENT DOMAIN IN ACCORDANCE WITH THE24
REQUIREMENTS OF THIS SUBSECTION (2) SHALL REIMBURSE THE OWNER OF25
THE PROPERTY FOR REASONABLE ATTORNEY FEES INCURRED BY THE26
OWNER IN CONNECTION WITH THE ACQUISITION .27
HB24-1172
-25- (c)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW , ANY1
DETERMINATION MADE BY THE GOVERNING BODY PURSUANT TO2
SUBSECTION (2)(a) OF THIS SECTION IS A LEGISLATIVE DETERMINATION3
AND NOT A QUASI-JUDICIAL DETERMINATION.4
(d)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE5
31,
 AN AUTHORITY'S EMINENT DOMAIN AUTHORITY SHALL NOT EXCEED6
THAT OF THE COUNTY WHERE THE AUTHORITY IS LOCATED .7
(3) (a) (I)  A
NY AUTHORITY THAT EXERCISES THE POWER OF8
EMINENT DOMAIN TO TRANSFER ACQUIRED PROPERTY TO ANOTHER9
PRIVATE PARTY AS AUTHORIZED IN ACCORDANCE WITH THE10
REQUIREMENTS OF THIS SECTION SHALL ADOPT RELOCATION ASSISTANCE11
AND LAND ACQUISITION POLICIES TO BENEFIT DISPLACED PERSONS THAT12
ARE CONSISTENT WITH THOSE SET FORTH IN ARTICLE 56 OF TITLE 24 TO13
THE EXTENT APPLICABLE TO THE FACTS OF EACH SPECIFIC PROPERTY AND14
AT THE TIME OF THE RELOCATION OF THE OWNER OR THE OCCUPANT . AN15
AUTHORITY SHALL PROVIDE COMPENSATION OR OTHER FORMS OF16
ASSISTANCE TO ANY DISPLACED PERSON IN ACCORDANCE WITH THE17
ADOPTED POLICIES.18
(II)  I
N THE CASE OF A BUSINESS CONCERN DISPLACED BY THE19
ACQUISITION OF PROPERTY BY EMINENT DOMAIN , THE AUTHORITY SHALL20
MAKE A BUSINESS INTERRUPTION PAYMENT TO THE BUSINESS CONCERN21
NOT TO EXCEED THE LESSER OF TEN THOUSAND DOLLARS OR ONE -FOURTH22
OF THE AVERAGE ANNUAL TAXABLE INCOME SHOWN ON THE THREE MOST23
RECENT FEDERAL INCOME TAX RETURNS OF THE BUSINESS CONCERN .24
(b)  I
N ANY CASE WHERE THE ACQUISITION OF PROPERTY BY25
EMINENT DOMAIN BY AN AUTHORITY DISPLACES INDIVIDUALS , FAMILIES,26
OR BUSINESS CONCERNS, THE AUTHORITY SHALL MAKE REASONABLE27
HB24-1172
-26- EFFORTS TO RELOCATE THOSE INDIVIDUALS , FAMILIES, OR BUSINESS1
CONCERNS WITHIN THE COUNTY REVITALIZATION AREA . THIS RELOCATION2
MUST BE CONSISTENT WITH THE USES PROVIDED IN THE COUNTY3
REVITALIZATION PLAN OR IN AREAS WITHIN REASONABLE PROXIMITY TO ,4
OR COMPARABLE TO, THE ORIGINAL LOCATION OF SUCH INDIVIDUALS ,5
FAMILIES, OR BUSINESS CONCERNS.6
(4)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE7
REQUIRES, "PRIVATE PROPERTY" OR "PROPERTY" MEANS, AS APPLIED TO8
REAL PROPERTY, ONLY A FEE OWNERSHIP INTEREST.9
30-31-107.  Condemnation actions by authorities - effect of10
other provisions. N
OTWITHSTANDING ANY OTHER PROVISION OF LAW ,11
ANY CONDEMNATION ACTION COMMENCED BY AN AUTHORITY MUST12
SATISFY THE REQUIREMENTS OF SECTION 38-1-101. TO THE EXTENT THAT13
THERE IS ANY CONFLICT BETWEEN THIS ARTICLE 31 AND SECTION14
38-1-101,
 SECTION 38-1-101 CONTROLS.15
30-31-108.  Disposal of property in county revitalization area.16
(1) (a)  A
N AUTHORITY MAY SELL, LEASE, OR OTHERWISE TRANSFER REAL17
PROPERTY OR ANY INTEREST THEREIN ACQUIRED BY THE AUTHORITY AS18
PART OF THE COUNTY REVITALIZATION PROJECT FOR RESIDENTIAL ,19
RECREATIONAL, COMMERCIAL, INDUSTRIAL, OR OTHER USES, OR FOR20
PUBLIC USE IN ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN ,21
SUBJECT TO SUCH COVENANTS , CONDITIONS, AND RESTRICTIONS ,22
INCLUDING COVENANTS RUNNING WITH THE LAND AND THE23
INCORPORATION BY REFERENCE OF THE PROVISIONS OF THE COUNTY24
REVITALIZATION PLAN OR ANY PART THEREOF AS THE AUTHORITY DEEMS25
TO BE IN THE PUBLIC INTEREST OR NECESSARY TO CARRY OUT THE26
PURPOSES OF THIS ARTICLE 31.27
HB24-1172
-27- (b)  THE PURCHASERS, LESSEES, TRANSFEREES, AND THEIR1
SUCCESSORS AND ASSIGNEES DESCRIBED IN THIS SUBSECTION (1) ARE2
OBLIGATED TO DEVOTE THE REAL PROPERTY DESCRIBED IN THIS3
SUBSECTION (1) ONLY TO THE LAND USES , DESIGNS, BUILDING4
REQUIREMENTS, TIMING, OR PROCEDURES SPECIFIED IN THE COUNTY5
REVITALIZATION PLAN AND MAY BE OBLIGATED TO COMPLY WITH OTHER6
REQUIREMENTS THAT THE AUTHORITY DETERMINES ARE IN THE PUBLIC7
INTEREST, INCLUDING THE OBLIGATION TO BEGIN ANY IMPROVEMENTS ON8
SUCH REAL PROPERTY THAT ARE REQUIRED BY THE COUNTY9
REVITALIZATION PLAN WITHIN A REASONABLE TIME .10
(c) (I)  T
HE REAL PROPERTY OR INTEREST DESCRIBED IN11
SUBSECTION (1)(a) OF THIS SECTION MUST BE SOLD , LEASED, OR12
OTHERWISE TRANSFERRED AT NOT LESS THAN ITS FAIR VALUE AS13
DETERMINED BY THE AUTHORITY FOR USES IN ACCORDANCE WITH THE14
COUNTY REVITALIZATION PLAN .15
(II)  I
N DETERMINING THE FAIR VALUE OF REAL PROPERTY FOR USES16
IN ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN	, AN AUTHORITY17
SHALL TAKE INTO ACCOUNT:18
(A)  T
HE USES PROVIDED IN THE COUNTY REVITALIZATION PLAN ;19
(B)  T
HE RESTRICTIONS UPON AND THE COVENANTS , CONDITIONS,20
AND OBLIGATIONS ASSUMED BY THE PURCHASER OR LESSEE ; AND21
(C)  T
HE OBJECTIVES OF THE COUNTY REVITALIZATION PLAN IN22
RELATION TO TAKING ADVANTAGE OF REVITALIZATION AREAS .23
(d) (I)  R
EAL PROPERTY ACQUIRED BY AN AUTHORITY WHICH , IN24
ACCORDANCE WITH THE PROVISIONS OF THE COUNTY REVITALIZATION25
PLAN, IS TO BE TRANSFERRED MUST BE TRANSFERRED AS RAPIDLY AS26
FEASIBLE IN THE PUBLIC INTEREST CONSISTENT WITH THE COUNTY27
HB24-1172
-28- REVITALIZATION PLAN.1
(II)  A
NY CONTRACT FOR THE TRANSFER OF REAL PROPERTY2
DESCRIBED IN THIS SECTION AND THE COUNTY REVITALIZATION PLAN , OR3
ANY PART OF THE CONTRACT OR PLAN AS THE AUTHORITY MAY4
DETERMINE, MAY BE RECORDED IN THE LAND RECORDS OF THE COUNTY IN5
SUCH MANNER AS TO AFFORD ACTUAL OR CONSTRUCTIVE NOTICE .6
(2) (a)  A
N AUTHORITY SHALL ONLY DISPOSE OF REAL PROPERTY IN7
THE COUNTY REVITALIZATION AREA TO PRIVATE PERSONS UNDER SUCH8
REASONABLE COMPETITIVE BIDDING PROCEDURES AS THE AUTHORITY9
PRESCRIBES OR AS PROVIDED IN THIS SUBSECTION (2).10
(b) (I)  A
N AUTHORITY, BY PUBLIC NOTICE BY PUBLICATION ONCE11
EACH WEEK FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER HAVING A12
GENERAL CIRCULATION IN THE COUNTY , BEFORE THE EXECUTION OF ANY13
CONTRACT TO SELL, LEASE, OR OTHERWISE TRANSFER REAL PROPERTY ,14
AND BEFORE THE DELIVERY OF ANY INSTRUMENT OF CONVEYANCE15
PURSUANT TO THIS SECTION, MAY INVITE PROPOSALS FROM AND MAKE16
AVAILABLE ALL PERTINENT INFORMATION TO ANY PERSON INTERESTED IN17
UNDERTAKING THE REDEVELOPMENT OR REHABILITATION OF THE COUNTY18
REVITALIZATION AREA OR ANY PART THEREOF .19
(II)  N
OTICE GIVEN IN ACCORDANCE WITH THIS SUBSECTION (2)(b)20
MUST IDENTIFY THE RELEVANT PORTION OF THE AREA AND MUST STATE21
THAT SUCH FURTHER INFORMATION AS IS AVAILABLE MAY BE OBTAINED22
AT THE OFFICE DESIGNATED IN THE NOTICE.23
(c)  A
N AUTHORITY SHALL CONSIDER ALL REDEVELOPMENT OR24
REHABILITATION PROPOSALS RECEIVED IN ACCORDANCE WITH SUBSECTION25
(2)(b) 
OF THIS SECTION AND THE FINANCIAL AND LEGAL ABILITY OF THE26
PERSONS MAKING THE PROPOSALS TO CARRY THEM OUT AND MAY27
HB24-1172
-29- NEGOTIATE WITH ANY PERSONS FOR PROPOSALS FOR THE PURCHASE ,1
LEASE, OR OTHER TRANSFER OF ANY REAL PROPERTY ACQUIRED BY THE2
AUTHORITY IN THE COUNTY REVITALIZATION AREA .3
(d)  A
N AUTHORITY MAY ACCEPT SUCH PROPOSALS AS IT DEEMS TO4
BE IN THE PUBLIC INTEREST AND IN FURTHERANCE OF THE PURPOSES OF5
THIS ARTICLE 31.6
(e)  A
N AUTHORITY SHALL FILE A NOTIFICATION OF INTENTION TO7
ACCEPT A PROPOSAL WITH THE GOVERNING BODY NOT LESS THAN FIFTEEN8
DAYS BEFORE ANY SUCH ACCEPTANCE . THEREAFTER, THE AUTHORITY MAY9
EXECUTE THE PROPOSAL IN ACCORDANCE WITH THE PROVISIONS OF10
SUBSECTION (1) OF THIS SECTION AND DELIVER DEEDS , LEASES, AND11
OTHER INSTRUMENTS AND TAKE ALL STEPS NECESSARY TO EFFECTUATE12
THE PROPOSAL.13
(3)  A
N AUTHORITY MAY TEMPORARILY OPERATE AND MAINTAIN14
REAL PROPERTY ACQUIRED IN THE COUNTY REVITALIZATION AREA15
PENDING THE DISPOSITION OF THE PROPERTY FOR REDEVELOPMENT16
WITHOUT REGARD TO THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION17
FOR SUCH USES AND PURPOSES AS IT DEEMS DESIRABLE EVEN IF THOSE18
USES AND PURPOSES ARE NOT IN CONFORMITY WITH THE COUNTY19
REVITALIZATION PLAN.20
(4)  N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, AN21
AUTHORITY MAY SET ASIDE , DEDICATE, AND DEVOTE PROJECT REAL22
PROPERTY TO PUBLIC USES IN ACCORDANCE WITH THE C	OUNTY23
REVITALIZATION PLAN OR SET ASIDE , DEDICATE, AND TRANSFER REAL24
PROPERTY TO THE COUNTY OR TO ANY OTHER APPROPRIATE PUBLIC BODY25
FOR PUBLIC USES IN ACCORDANCE WITH THE COUNTY REVITALIZATION26
PLAN WITH OR WITHOUT COMPENSATION FOR SUCH PROPERTY , WITH OR27
HB24-1172
-30- WITHOUT REGARD TO THE FAIR VALUE OF SUCH PROPERTY AS DETERMINED1
IN SUBSECTION (1) OF THIS SECTION, AND UPON OR SUBJECT TO SUCH2
TERMS, CONDITIONS, COVENANTS, RESTRICTIONS, OR LIMITATIONS AS THE3
AUTHORITY DEEMS TO BE IN THE PUBLIC INTEREST AND AS ARE4
CONSISTENT WITH THE PURPOSES AND OBJECTIVES AND THE OTHER5
APPLICABLE PROVISIONS OF THIS ARTICLE 31.6
30-31-109.  Approval of county revitalization plans by local7
governing body - definitions. (1) (a)  A
N AUTHORITY MAY NOT8
UNDERTAKE THE COUNTY REVITALIZATION PROJECT FOR THE COUNTY9
REVITALIZATION AREA UNLESS , BASED ON EVIDENCE PRESENTED AT A10
PUBLIC HEARING, THE GOVERNING BODY HAS DETERMINED BY RESOLUTION11
THAT THE AREA IS A REVITALIZATION AREA AND HAS DESIGNATED THE12
AREA AS APPROPRIATE FOR A COUNTY REVITALIZATION PROJECT .13
(b) (I)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE14
31,
 WITHIN THIRTY DAYS OF COMMISSIONING A STUDY TO DETERMINE15
WHETHER AN AREA IS A REVITALIZATION AREA IN ACCORDANCE WITH THE16
REQUIREMENTS OF SUBSECTION (1)(a) OF THIS SECTION, THE AUTHORITY17
SHALL PROVIDE NOTICE TO ANY OWNER OF PRIVATE PROPERTY LOCATED18
IN THE AREA THAT IS THE SUBJECT OF THE STUDY BY MAILING NOTICE TO19
THE OWNER BY REGULAR MAIL AT THE LAST -KNOWN ADDRESS OF RECORD .20
T
HE NOTICE MUST STATE THAT THE AUTHORITY IS COMMENCING A STUDY21
NECESSARY FOR MAKING A DETERMINATION AS TO WHETHER THE AREA IN22
WHICH THE OWNER OWNS PROPERTY IS A REVITALIZATION AREA . WITHIN23
SEVEN DAYS OF MAKING SUCH DETERMINATION , THE AUTHORITY OR THE24
COUNTY, AS APPLICABLE, SHALL ALSO PROVIDE NOTICE OF THE25
DETERMINATION TO ANY OWNER OF PRIVATE PROPERTY LOCATED IN THE26
AREA THAT IS THE SUBJECT OF THE STUDY BY MAILING NOTICE TO THE27
HB24-1172
-31- OWNER BY REGULAR MAIL AT THE LAST -KNOWN ADDRESS OF RECORD .1
(II)  A
S USED IN THIS SUBSECTION (1)(b), "PRIVATE PROPERTY"2
MEANS, AS APPLIED TO REAL PROPERTY, ONLY A FEE OWNERSHIP INTEREST.3
(c) (I)  T
HE BOUNDARIES OF AN AREA THAT THE GOVERNING BODY4
DETERMINES TO BE A REVITALIZATION AREA MUST BE DRAWN AS5
NARROWLY AS THE GOVERNING BODY DETERMINES FEASIBLE TO6
ACCOMPLISH THE PLANNING AND DEVELOPMENT OBJECTIVES OF THE7
PROPOSED COUNTY REVITALIZATION PLAN . THE GOVERNING BODY SHALL8
NOT APPROVE THE COUNTY REVITALIZATION PLAN UNTIL A GENERAL PLAN9
FOR THE COUNTY HAS BEEN PREPARED . IN MAKING THE DETERMINATION10
AS TO WHETHER A PARTICULAR AREA IS A REVITALIZATION AREA11
PURSUANT TO THE PROVISIONS OF THIS ARTICLE 31, ANY PARTICULAR12
CONDITION FOUND TO BE PRESENT MAY SATISFY AS MANY OF THE FACTORS13
REFERENCED IN SECTION 30-31-103 (14) AS ARE APPLICABLE TO THE14
CONDITION.15
(II)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE16
31,
 NO COUNTY REVITALIZATION AREA MAY CONTAIN ANY AGRICULTURAL17
LAND UNLESS:18
(A)  T
HE AGRICULTURAL LAND IS A BROWNFIELD SITE ;19
(B)  N
OT LESS THAN ONE-HALF OF THE COUNTY REVITALIZATION20
AREA AS A WHOLE CONSISTS OF PARCELS OF LAND CONTAINING21
URBAN-LEVEL DEVELOPMENT THAT , AT THE TIME OF THE DESIGNATION OF22
SUCH AREA, THE GOVERNING BODY DETERMINES TO BE A REVITALIZATION23
AREA IN ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION (1)(a) OF24
THIS SECTION, AND NOT LESS THAN TWO-THIRDS OF THE PERIMETER OF THE25
COUNTY REVITALIZATION AREA AS A WHOLE IS CONTIGUOUS WITH26
URBAN-LEVEL DEVELOPMENT AS DETERMINED AT THE TIME OF THE27
HB24-1172
-32- DESIGNATION OF SUCH AREA;1
(C)  T
HE AGRICULTURAL LAND IS AN ENCLAVE WITHIN THE2
TERRITORIAL BOUNDARIES OF THE COUNTY AND THE ENTIRE PERIM ETER OF3
THE ENCLAVE HAS BEEN CONTIGUOUS WITH URBAN -LEVEL DEVELOPMENT4
FOR A PERIOD OF NOT LESS THAN THREE YEARS AS DETERMINED AT THE5
TIME OF THE DESIGNATION OF THE AREA; OR6
(D)  E
ACH PUBLIC BODY THAT LEVIES AN AD VALOREM PROPERTY7
TAX ON THE AGRICULTURAL LAND AGREES IN WRITING TO THE INCLUSION8
OF THE AGRICULTURAL LAND WITHIN THE COUNTY REVITALIZATION AREA .9
(III)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE10
31,
 THE COUNTY REVITALIZATION AUTHORITY MUST NOT OVERLAP WITH11
AN URBAN RENEWAL AUTHORITY , AND THE ORIGINAL BOUNDARIES OF THE12
COUNTY REVITALIZATION AREA MUST NOT OVERLAP WITH A13
MUNICIPALITY.14
(d)  A
 COUNTY REVITALIZATION PLAN THAT IS APPROVED OR15
SUBSTANTIALLY MODIFIED MUST INCLUDE A LEGAL DESCRIPTION OF THE16
COUNTY REVITALIZATION AREA , INCLUDING THE LEGAL DESCRIPTION OF17
ANY AGRICULTURAL LAND PROPOSED FOR INCLUSION WITHIN THE COUNTY18
REVITALIZATION AREA PURSUANT TO SUBSECTION (1)(c)(II) OF THIS19
SECTION.20
(2) (a)  P
RIOR TO APPROVING A COUNTY REVITALIZATION PLAN , A21
GOVERNING BODY SHALL SUBMIT THE PLAN TO THE COUNTY PLANNING22
COMMISSION FOR REVIEW AND RECOMMENDATIONS AS TO THE PLAN 'S23
CONFORMITY WITH THE GENERAL PLAN FOR THE DEVELOPMENT OF THE24
COUNTY AS A WHOLE.25
(b)  T
HE PLANNING COMMISSION SHALL SUBMIT ITS WRITTEN26
RECOMMENDATIONS TO THE GOVERNING BODY WITHIN THIRTY DAYS27
HB24-1172
-33- AFTER RECEIPT OF THE PLAN.1
(c)  U
PON RECEIPT OF THE RECOMMENDATIONS OF THE PLANNING2
COMMISSION OR, IF NO RECOMMENDATIONS ARE RECEIVED WITHIN THIRTY3
DAYS, WITHOUT SUCH RECOMMENDATIONS , A GOVERNING BODY MAY4
PROCEED WITH THE HEARING ON THE PROPOSED COUNTY REVITALIZATION5
PLAN REQUIRED BY SUBSECTION (3) OF THIS SECTION.6
(3) (a)  A
 GOVERNING BODY SHALL HOLD A PUBLIC HEARING ON THE7
COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION OF AN8
APPROVED COUNTY REVITALIZATION PLAN NO LESS THAN THIRTY DAYS9
AFTER GIVING PUBLIC NOTICE OF THE HEARING .10
(b)  T
HE NOTICE FOR THE PUBLIC HEARING MUST :11
(I)  B
E PUBLISHED BY THE GOVERNING BODY IN A NEWSPAPER12
HAVING A GENERAL CIRCULATION IN THE COUNTY ;13
(II)  D
ESCRIBE THE TIME, DATE, PLACE, AND PURPOSE OF THE14
HEARING;15
(III)  G
ENERALLY IDENTIFY THE COUNTY REVITALIZATION AREA16
COVERED BY THE PLAN;17
(IV)  O
UTLINE THE GENERAL SCOPE OF THE COUNTY18
REVITALIZATION PROJECT UNDER CONSIDERATION ; AND19
(V)  B
E PROVIDED BY THE COUNTY TO EVERY MUNICIPALITY20
WITHIN THREE MILES OF THE AUTHORITY .21
(c)  I
F AN AUTHORITY INTENDS TO ACQUIRE PRIVATE PROPERTY BY22
EMINENT DOMAIN WITHIN THE COUNTY REVITALIZATION AREA THAT IS TO23
BE SUBSEQUENTLY TRANSFERRED TO A PRIVATE PARTY IN ACCORDANCE24
WITH THE REQUIREMENTS OF SECTION 30-31-106 (2), THE GOVERNING25
BODY, BEFORE COMMENCING THE ACQUISITION OF THE PROPERTY , SHALL26
HOLD A PUBLIC HEARING ON THE USE OF EMINENT DOMAIN AS A MEANS TO27
HB24-1172
-34- ACQUIRE THE PROPERTY. THE GOVERNING BODY SHALL ONLY HOLD THIS1
HEARING AFTER WRITTEN NOTICE OF THE TIME , DATE, PLACE, AND2
PURPOSE OF THE HEARING HAS BEEN PROVIDED TO EACH OWNER OF3
PROPERTY, AS PROPERTY IS DEFINED IN SECTION 30-31-106 (4), THAT IS4
WITHIN THE COUNTY REVITALIZATION AREA AT LEAST THIRTY DAYS5
BEFORE THE DATE OF THE HEARING. IN ORDER TO AUTHORIZE THE USE OF6
EMINENT DOMAIN AS A MEANS TO ACQUIRE PROPERTY , A GOVERNING BODY7
SHALL BASE ITS AUTHORIZATION DECISION ON A FINDING OF8
REVITALIZATION AREA CONDITIONS WITHOUT REGARD TO THE ECONOMIC9
PERFORMANCE OF THE PROPERTY TO BE ACQUIRED .10
(d)  A
T THE HEARING HELD PURSUANT TO THE NOTICE DESCRIBED11
IN THIS SUBSECTION (3), THE GOVERNING BODY SHALL GRANT A FULL12
OPPORTUNITY TO BE HEARD TO ALL MUNICIPALITIES WITHIN THREE MILES13
OF THE AUTHORITY.14
(4)  F
OLLOWING THE HEARING DESCRIBED IN SUBSECTION (3) OF15
THIS SECTION, THE GOVERNING BODY MAY APPROVE THE C OUNTY16
REVITALIZATION PLAN IF THE GOVERNING BODY FINDS THAT :17
(a)  A
 FEASIBLE METHOD EXISTS FOR THE RELOCATION OF18
INDIVIDUALS AND FAMILIES WHO WILL BE DISPLACED BY THE COUNTY19
REVITALIZATION PROJECT IN DECENT , SAFE, AND SANITARY DWELLING20
ACCOMMODATIONS WITHIN THEIR MEANS AND WITHOUT UNDUE HARDSHIP21
TO SUCH INDIVIDUALS AND FAMILIES;22
(b)  A
 FEASIBLE METHOD EXISTS FOR THE RELOCATION OF BUSINESS23
CONCERNS THAT WILL BE DISPLACED BY THE COUNTY REVITALIZATION24
PROJECT IN THE COUNTY REVITALIZATION AREA OR IN OTHER AREAS THAT25
ARE NOT GENERALLY LESS DESIRABLE WITH RESPECT TO PUBLIC UTILITIES26
AND PUBLIC AND COMMERCIAL FACILITIES ;27
HB24-1172
-35- (c)  THE GOVERNING BODY HAS TAKEN REASONABLE EFFORTS TO1
PROVIDE WRITTEN NOTICE OF THE PUBLIC HEARING PRESCRIBED BY2
SUBSECTION (3) OF THIS SECTION TO ALL PROPERTY OWNERS, RESIDENTS,3
AND OWNERS OF BUSINESS CONCERNS IN THE PROPOSED COUNTY4
REVITALIZATION AREA AT THEIR LAST -KNOWN ADDRESS OF RECORD AT5
LEAST THIRTY DAYS BEFORE SUCH HEARING . THE NOTICE MUST CONTAIN6
THE SAME INFORMATION AS REQUIRED FOR THE NOTICE DESCRIBED IN7
SUBSECTION (3) OF THIS SECTION.8
(d)  N
O MORE THAN ONE HUNDRED TWENTY DAYS HAVE PASSED9
SINCE THE COMMENCEMENT OF THE FIRST PUBLIC HEARING OF THE COUNTY10
REVITALIZATION PLAN PURSUANT TO SUBSECTION (3) OF THIS SECTION;11
(e)  I
F THE COUNTY REVITALIZATION PLAN CONTAINS PROPERTY12
THAT WAS INCLUDED IN A PREVIOUSLY SUBMITTED COUNTY13
REVITALIZATION PLAN THAT THE GOVERNING BODY FAILED TO APPROVE14
PURSUANT TO THIS SECTION, AT LEAST TWENTY-FOUR MONTHS HAVE15
PASSED SINCE THE COMMENCEMENT OF THE PRIOR PUBLIC HEARING16
CONCERNING SUCH PROPERTY HELD PURSUANT TO SUBSECTION (3) OF THIS17
SECTION, UNLESS SUBSTANTIAL CHANGES HAVE OCCURRED SINCE THE18
COMMENCEMENT OF THE HEARING THAT RESULTED IN A DETERMINATION19
THAT SUCH PROPERTY CONSTITUTED A REVITALIZATION AREA PURSUANT20
TO SECTION 30-31-103 (14);21
(f)  T
HE COUNTY REVITALIZATION PLAN CONFORMS TO THE22
GENERAL PLAN OF THE COUNTY AS A WHOLE ;23
(g)  T
HE COUNTY REVITALIZATION PLAN WILL AFFORD MAXIMUM24
OPPORTUNITY, CONSISTENT WITH THE SOUND NEEDS OF THE COUNTY AS A25
WHOLE, FOR THE REHABILITATION OR REDEVELOPMENT OF THE COUNTY26
REVITALIZATION AREA BY PRIVATE ENTERPRISE ;27
HB24-1172
-36- (h)  THE AUTHORITY OR THE COUNTY WILL ADEQUATELY FINANCE ,1
OR THAT AGREEMENTS ARE IN PLACE TO FINANCE , ANY ADDITIONAL2
COUNTY INFRASTRUCTURE AND SERVICES REQUIRED TO SERVE3
DEVELOPMENT WITHIN THE COUNTY REVITALIZATION AREA FOR THE4
PERIOD IN WHICH ALL OR ANY PORTION OF THE PROPERTY TAXES5
DESCRIBED IN SUBSECTION (11)(a)(II) OF THIS SECTION AND LEVIED BY6
THE COUNTY ARE PAID TO THE AUTHORITY ; AND7
(i)  T
HE ADOPTION OF THE PLAN WILL NOT CREATE AN UNDUE8
BURDEN ON ANY MUNICIPALITY THAT PROVIDES MUNICIPAL SERVICES9
THAT ARE IMPACTED BY THE ADOPTION OF THE PLAN .10
(5)  I
N ADDITION TO THE FINDINGS OTHERWISE REQUIRED OF THE11
GOVERNING BODY PURSUANT TO SUBSECTION (4) OF THIS SECTION, IF THE12
COUNTY REVITALIZATION PLAN SEEKS THE ACQUISITION OF PRIVATE13
PROPERTY BY EMINENT DOMAIN FOR SUBSEQUENT TRANSFER TO A PRIVATE14
PARTY PURSUANT TO SECTION 30-31-106 (2), THE GOVERNING BODY MAY15
APPROVE THE COUNTY REVITALIZATION PLAN WHERE IT FINDS , IN16
CONNECTION WITH A HEARING SATISFYING THE REQUIREMENTS OF17
SUBSECTION (3) OF THIS SECTION, THAT THE COUNTY REVITALIZATION18
PLAN HAS MET THE REQUIREMENTS OF SECTION 30-31-106 (2) AND THAT19
THE PRINCIPAL PUBLIC PURPOSE FOR ADOPTING THE COUNTY20
REVITALIZATION PLAN IS TO FACILITATE REDEVELOPMENT IN ORDER TO21
TAKE ADVANTAGE OF REVITALIZATION AREAS .22
(6)  I
F THE COUNTY REVITALIZATION AREA CONSISTS OF AN AREA23
OF OPEN LAND WHICH, UNDER THE COUNTY REVITALIZATION PLAN , IS TO24
BE DEVELOPED FOR RESIDENTIAL USES, THE GOVERNING BODY MUST FIRST25
HAVE DETERMINED THAT:26
(a)  A
 SHORTAGE OF HOUSING OF SOUND STANDARDS AND DESIGN27
HB24-1172
-37- WHICH IS DECENT, SAFE, AND SANITARY EXISTS IN THE COUNTY;1
(b)  T
HE NEED FOR HOUSING ACCOMMODATIONS HAS BEEN OR WILL2
BE INCREASED AS A RESULT OF TAKING ADVANTAGE OF REVITALIZATION3
AREAS;4
(c)  T
HE OPPORTUNITY FACTORS IN THE COUNTY REVITALIZATION5
AREA AND THE SHORTAGE OF ATTAINABLE HOUSING CREATE A RISK TO THE6
PUBLIC HEALTH AND SAFETY; AND7
(d)  T
HE ACQUISITION OF THE AREA FOR RESIDENTIAL USES IS AN8
INTEGRAL PART OF AND ESSENTIAL TO THE PROGRAM OF THE COUNTY .9
(7)  I
F THE COUNTY REVITALIZATION AREA CONSISTS OF AN AREA10
OF OPEN LAND WHICH, UNDER THE COUNTY REVITALIZATION PLAN , IS TO11
BE DEVELOPED FOR NONRESIDENTIAL USES , THE LOCAL GOVERNING BODY12
MUST FIRST HAVE DETERMINED THAT :13
(a)  S
UCH NONRESIDENTIAL USES ARE NECESSARY AND14
APPROPRIATE TO FACILITATE THE PROPER GROWTH AND DEVELOPMENT OF15
THE COMMUNITY IN ACCORDANCE WITH SOUND PLANNING STANDARDS16
AND LOCAL COMMUNITY OBJECTIVES ; AND17
(b)  T
HE CONTEMPLATED ACQUISITION OF THE AREA MAY REQUIRE18
THE EXERCISE OF GOVERNMENTAL ACTION , AS PROVIDED IN THIS ARTICLE19
31,
 BECAUSE OF BEING IN A REVITALIZATION AREA.20
(8) (a)  T
HE COUNTY REVITALIZATION PLAN MAY BE MODIFIED AT21
ANY TIME.22
(b)  A
NY PROPOSED COUNTY REVITALIZATION PLAN MODIFICATION23
MUST BE SUBMITTED TO THE GOVERNING BODY FOR APPROVAL .24
(c)  N
OT LESS THAN THIRTY DAYS BEFORE APPROVING ANY25
MODIFICATION OF THE COUNTY REVITALIZATION PLAN , THE GOVERNING26
BODY OR AUTHORITY SHALL PROVIDE A DETAILED WRITTEN DESCRIPTION27
HB24-1172
-38- OF THE PROPOSED MODIFICATION TO EACH TAXING ENTITY THAT LEVIES1
TAXES ON PROPERTY LOCATED WITHIN THE COUNTY REVITALIZATION AREA2
AND A NOTICE OF THE DATE AND TIME OF THE MEETING AT WHICH THE3
GOVERNING BODY WILL CONSIDER THE MODIFICATION .4
(d)  I
F THE COUNTY REVITALIZATION PLAN IS MODIFIED AFTER THE5
LEASE OR SALE BY THE AUTHORITY OF REAL PROPERTY IN THE COUNTY6
REVITALIZATION PROJECT AREA, THAT MODIFICATION IS SUBJECT TO SUCH7
RIGHTS AT LAW OR IN EQUITY AS A LESSEE OR PURCHASER OR THEIR8
SUCCESSOR IN INTEREST MAY BE ENTITLED TO ASSERT .9
(e)  T
HE COUNTY REVITALIZATION PLAN MODIFICATION IS10
SUBSTANTIAL AND SUBJECT TO ALL OF THE REQUIREMENTS OF THIS11
SECTION IF THE MODIFICATION WILL SUBSTANTIALLY :12
(I)  C
HANGE PROVISIONS OF THE COUNTY REVITALIZATION PLAN13
REGARDING THE FOLLOWING AS PREVIOUSLY APPROVED :14
(A)  L
AND AREA;15
(B)  L
AND USE;16
(C)  A
UTHORIZATION TO COLLECT INCREMENTAL TAX REVENUE ;17
(D)  T
HE EXTENT OF THE USE OF TAX INCREMENT FINANCING ;18
(E)  T
HE SCOPE OR NATURE OF THE COUNTY REVITALIZATION19
PROJECT;20
(F)  T
HE SCOPE OR METHOD OF FINANCING ;21
(G)  D
ESIGN;22
(H)  B
UILDING REQUIREMENTS; OR23
(I)  T
IMING OR PROCEDURE; OR24
(II)  C
LARIFY A PLAN THAT, WHEN APPROVED, WAS LACKING IN25
SPECIFICITY AS TO THE COUNTY REVITALIZATION PROJECT OR FINANCING .26
(9) (a)  N
O ACTION MAY BE BROUGHT TO ENJOIN ANY ACTIVITY OF27
HB24-1172
-39- THE AUTHORITY PURSUANT TO THE C OUNTY REVITALIZATION PLAN	,1
INCLUDING THE ISSUANCE OF BONDS , THE INCURRENCE OF OTHER2
FINANCIAL OBLIGATIONS, OR THE PLEDGE OF REVENUE , UNLESS THE3
ACTION IS COMMENCED WITHIN TWENTY -EIGHT DAYS AFTER THE DATE ON4
WHICH THE AUTHORITY PROVIDED NOTICE OF ITS INTENTION REGARDING5
THE UNDERTAKING OR ACTIVITY .6
(b) (I)  T
HE NOTICE REQUIRED BY SUBSECTION (9)(a) OF THIS7
SECTION MUST:8
(A)  D
ESCRIBE THE UNDERTAKING OR ACTIVITY PROPOSED BY THE9
AUTHORITY AND SPECIFY THAT ANY ACTION TO ENJOIN THE UNDERTAKING10
OR ACTIVITY MUST BE BROUGHT WITHIN FORTY -FIVE DAYS FROM THE DATE11
OF THE NOTICE; AND12
(B)  B
E PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN13
THE COUNTY.14
(II)  O
N OR BEFORE THE DATE OF PUBLICATION OF THE NOTICE OF15
INTENTION REQUIRED BY SUBSECTION (9)(a) OF THIS SECTION, THE16
AUTHORITY SHALL ALSO MAIL A COPY OF THE NOTICE TO EACH TAXING17
ENTITY THAT LEVIES TAXES ON PROPERTY WITHIN THE COUNTY18
REVITALIZATION AREA.19
(10)  U
PON THE APPROVAL BY THE GOVERNING BODY OF THE20
COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION TO THE21
COUNTY REVITALIZATION PLAN , THE PROVISIONS OF THAT PLAN ARE22
CONTROLLING WITH RESPECT TO THE LAND AREA , LAND USE, DESIGN,23
BUILDING REQUIREMENTS, TIMING, OR PROCEDURE APPLICABLE TO THE24
PROPERTY COVERED BY THAT PLAN .25
(11) (a)  N
OTWITHSTANDING ANY LAW TO THE CONTRARY , ANY26
COUNTY REVITALIZATION PLAN , AS ORIGINALLY APPROVED OR AS LATER27
HB24-1172
-40- MODIFIED PURSUANT TO THIS ARTICLE 31, MAY CONTAIN A PROVISION1
THAT THE PROPERTY TAXES OF SPECIFICALLY DESIGNATED PUBLIC BODIES2
THAT HAVE JOINED THE AUTHORITY PURSUANT TO SECTION 30-31-104 (6),3
IF ANY, LEVIED AFTER THE EFFECTIVE DATE OF THE APPROVAL OF SUCH4
COUNTY REVITALIZATION PLAN UPON TAXABLE PROPERTY IN THE COUNTY5
REVITALIZATION AREA EACH YEAR OR THAT COUNTY SALES TAXES6
COLLECTED WITHIN SAID AREA , OR BOTH SUCH TAXES, BY OR FOR THE7
BENEFIT OF THE DESIGNATED PUBLIC BODY MUST BE DIVIDED FOR A PERIOD8
NOT TO EXCEED THIRTY YEARS AFTER THE EFFECTIVE DATE OF ADOPTION9
OF SUCH A PROVISION, AS FOLLOWS:10
(I)  T
HAT PORTION OF THE TAXES PRODUCED BY THE LEVY AT THE11
RATE FIXED EACH YEAR BY OR FOR EACH SUCH PUBLIC BODY UPON THE12
VALUATION FOR ASSESSMENT OF TAXABLE PROPERTY IN THE COUNTY13
REVITALIZATION AREA LAST CERTIFIED BEFORE THE EFFECTIVE DATE OF14
APPROVAL OF THE COUNTY REVITALIZATION PLAN OR , AS TO AN AREA15
LATER ADDED TO THE COUNTY REVITALIZATION AREA , THE EFFECTIVE16
DATE OF THE MODIFICATION OF THE PLAN , OR THAT PORTION OF COUNTY17
SALES TAXES COLLECTED WITHIN THE BOUNDARIES OF SAID COUNTY18
REVITALIZATION AREA IN THE TWELVE -MONTH PERIOD ENDING ON THE19
LAST DAY OF THE MONTH BEFORE THE EFFECTIVE DATE OF APPROVAL OF20
SAID PLAN, OR BOTH SUCH PORTIONS, MUST BE PAID INTO THE FUNDS OF21
EACH SUCH PUBLIC BODY AS ARE ALL OTHER TAXES COLLECTED BY OR FOR22
THE PUBLIC BODY.23
(II)  T
HAT PORTION OF THE PROPERTY TAXES OR ALL OR ANY24
PORTION OF THE SALES TAXES, OR BOTH, IN EXCESS OF THE AMOUNT OF25
PROPERTY TAXES OR SALES TAXES PAID INTO THE FUNDS OF EACH SUCH26
PUBLIC BODY IN ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION27
HB24-1172
-41- (11)(a)(I) OF THIS SECTION MUST BE ALLOCATED TO AND , WHEN1
COLLECTED, PAID INTO A SPECIAL FUND OF THE AUTHORITY TO PAY THE2
PRINCIPAL OF, THE INTEREST ON, AND ANY PREMIUMS DUE IN CONNECTION3
WITH THE BONDS OF , LOANS OR ADVANCES TO	, OR INDEBTEDNESS4
INCURRED BY, WHETHER FUNDED, REFUNDED, ASSUMED, OR OTHERWISE,5
THE AUTHORITY FOR FINANCING OR REFINANCING , IN WHOLE OR IN PART,6
THE COUNTY REVITALIZATION PROJECT , TO MAKE PAYMENTS UNDER AN7
AGREEMENT EXECUTED PURSUANT TO THIS SECTION , OR FOR ANY OTHER8
PURPOSES AUTHORIZED BY THIS ARTICLE 31. ANY EXCESS COUNTY SALES9
TAX OR PROPERTY TAX COLLECTIONS NOT ALLOCATED PURSUANT TO THIS10
SUBSECTION (11)(a)(II) MUST BE PAID INTO THE FUNDS OF THE COUNTY OR11
OTHER TAXING ENTITY, AS APPLICABLE. UNLESS AND UNTIL THE TOTAL12
VALUATION FOR ASSESSMENT OF THE TAXABLE PROPERTY IN THE COUNTY13
REVITALIZATION AREA EXCEEDS THE BASE VALUATION FOR ASSESSMENT14
OF THE TAXABLE PROPERTY IN THE COUNTY REVITALIZATION AREA , AS15
PROVIDED IN SUBSECTION (11)(a)(I) OF THIS SECTION, ALL OF THE TAXES16
LEVIED UPON THE TAXABLE PROPERTY IN SUCH COUNTY REVITALIZATION17
AREA MUST BE PAID INTO THE FUNDS OF THE RESPECTIVE PUBLIC BODIES .18
U
NLESS AND UNTIL THE TOTAL COUNTY SALES TAX COLLECTIONS IN THE19
COUNTY REVITALIZATION AREA EXCEED THE BASE YEAR COUNTY SALES20
TAX COLLECTIONS IN SUCH COUNTY REVITALIZATION AREA , AS PROVIDED21
IN SUBSECTION (11)(a)(I) OF THIS SECTION, ALL SUCH SALES TAX22
COLLECTIONS MUST BE PAID INTO THE FUNDS OF THE COUNTY	. WHEN SUCH23
BONDS, LOANS, ADVANCES, AND INDEBTEDNESS, IF ANY, INCLUDING24
INTEREST THEREON AND ANY PREMIUMS DUE IN CONNECTION THEREWITH ,25
HAVE BEEN PAID, ALL TAXES UPON THE TAXABLE PROPERTY OR THE TOTAL26
COUNTY SALES TAX COLLECTIONS , OR BOTH, IN THE COUNTY27
HB24-1172
-42- REVITALIZATION AREA MUST BE PAID INTO THE FUNDS OF THE RESPECTIVE1
PUBLIC BODIES, AND ALL MONEY REMAINING IN THE SPECIAL FUND2
ESTABLISHED PURSUANT TO THIS SUBSECTION (11)(a)(II) THAT HAS NOT3
PREVIOUSLY BEEN REBATED AND THAT ORIGINATED AS PROPERTY TAX4
INCREMENT GENERATED BASED ON THE MILL LEVY OF A TAXING ENTITY ,5
OTHER THAN THE COUNTY , WITHIN THE BOUNDARIES OF THE COUNTY6
REVITALIZATION AREA MUST BE REPAID TO EACH TAXING ENTITY BASED7
ON THE PRO RATA SHARE OF THE PRIOR YEAR'S PROPERTY TAX INCREMENT8
ATTRIBUTABLE TO EACH TAXING ENTITY 'S CURRENT MILL LEVY IN WHICH9
PROPERTY TAXES WERE DIVIDED PURSUANT TO THIS SUBSECTION (11).10
A
NY MONEY REMAINING IN THE SPECIAL FUND NOT GENERATED BY11
PROPERTY TAX INCREMENT IS EXCLUDED FROM ANY SUCH REPAYMENT12
REQUIREMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW , ANY13
ADDITIONAL REVENUES RESULTING BECAUSE THE VOTERS HAVE14
AUTHORIZED THE MUNICIPALITY, COUNTY, SPECIAL DISTRICT, OR SCHOOL15
DISTRICT TO RETAIN AND SPEND SAID REVENUES PURS UANT TO SECTION 2016
(7)(d) 
OF ARTICLE X OF THE STATE CONSTITUTION SUBSEQUENT TO THE17
CREATION OF THE SPECIAL FUND PURSUANT TO THIS SUBSECTION18
(11)(a)(II) 
OR AS A RESULT OF AN INCREASE IN THE PROPERTY TAX MILL19
LEVY APPROVED BY THE VOTERS OF THE MUNICIPALITY , COUNTY, SPECIAL20
DISTRICT, OR SCHOOL DISTRICT SUBSEQUENT TO THE CREATION OF THE21
SPECIAL FUND, TO THE EXTENT THE TOTAL MILL LEVY OF THE22
MUNICIPALITY, COUNTY, SPECIAL DISTRICT, OR SCHOOL DISTRICT EXCEEDS23
THE RESPECTIVE MILL LEVY IN EFFECT AT THE TIME OF APPROVAL OR24
SUBSTANTIAL MODIFICATION OF THE COUNTY REVITALIZATION PLAN , MUST25
NOT BE PLEDGED BY AN AUTHORITY FOR THE PAYMENT OF ANY BONDS OF ,26
ANY LOANS OR ADVANCES TO , OR ANY INDEBTEDNESS INCURRED BY THE27
HB24-1172
-43- AUTHORITY WITHOUT THE CONSENT OF THE RELEVANT MUNICIPALITY ,1
COUNTY, SPECIAL DISTRICT, OR SCHOOL DISTRICT. TO THE EXTENT THE2
AUTHORITY HAS RECEIVED THE NOTIFICATION SPECIFIED IN THIS3
SUBSECTION (11)(a)(II), SUCH ADDITIONAL REVENUES MUST THEN BE4
PROMPTLY REPAID BY THE AUTHORITY TO THE COUNTY OR OTHER TAXING5
ENTITY. THE AUTHORITY MUST BE NOTIFIED OF THE AMOUNT OF6
ADDITIONAL REVENUES AND THE CALCULATIONS USED IN COMPUTING THE7
AMOUNT BY THE APPLICABLE COUNTY OR OTHER TAXING ENTITY BEFORE8
MAKING REPAYMENT AND , IN ANY EVENT, NOT LATER THAN FEBRUARY 19
OF EACH FISCAL YEAR FOLLOWING THE YEAR IN WHICH A10
VOTER-APPROVED REVENUE INCREASE HAS TAKEN EFFECT . THE11
AUTHORITY AND COUNTY OR ANY OTHER TAXING ENTITY MAY NEGOTIATE12
FOR THE PURPOSE OF ENTERING INTO AN AGREEMENT ON THE ISSUES OF13
THE AMOUNT OF REPAYMENT , THE MECHANICS OF HOW REPAYMENT OF14
THE ADDITIONAL REVENUES WILL BE ACCOMPLISHED , A METHOD FOR15
RESOLVING DISPUTES REGARDING THE AMOUNT OF REPAYMENT , AND16
WHETHER THE COUNTY OR TAXING ENTITY WILL WAIVE THE REPAYMENT17
REQUIREMENT, SINGULARLY OR IN COMBINATION, AND MAY ENTER INTO18
AN INTERGOVERNMENTAL AGREEMENT REGARDING ANY OF THESE ISSUES .19
(III)  I
N CALCULATING AND MAKING PAYMENTS AS DESCRIBED IN20
SUBSECTION (11)(a)(II) OF THIS SECTION, THE COUNTY TREASURER MAY21
OFFSET THE AUTHORITY'S PRO RATA PORTION OF ANY PROPERTY TAXES22
THAT ARE PAID TO THE AUTHORITY UNDER THE TERMS OF SUBSECTION23
(11)(a)(II) 
OF THIS SECTION AND THAT ARE SUBSEQUENTLY REFUNDED TO24
THE TAXPAYER AGAINST ANY SUBSEQUENT PAYMENTS DUE TO THE25
AUTHORITY FOR THE COUNTY REVITALIZATION PROJECT . THE AUTHORITY26
SHALL MAKE ADEQUATE PROVISION FOR THE RETURN OF OVERPAYMENTS27
HB24-1172
-44- IN THE EVENT THAT THERE ARE NOT SUFFICIENT PROPERTY TAXES DUE TO1
THE AUTHORITY TO OFFSET THE AUTHORITY 'S PRO RATA PORTION OF THE2
REFUNDS. THE PROVISIONS OF THIS SUBSECTION (11)(a)(III) DO NOT APPLY3
TO A CITY AND COUNTY.4
(IV)  N
O PROPERTY WITHIN A REVITALIZATION AREA PURSUANT TO5
WHICH ANY BONDS OF , LOANS OR ADVANCES TO , OR INDEBTEDNESS6
INCURRED BY AN AUTHORITY PURSUANT TO SUBSECTION (11)(a)(II) OF7
THIS SECTION ARE OUTSTANDING MAY BE ANNEXED INTO A MUNICIPALITY8
OR INCLUDED WITHIN AN URBAN RENEWAL AREA UNLESS THE AUTHORITY9
ENTERS INTO AN AGREEMENT THAT PROVIDES FOR EITHER THE10
ASSUMPTION OR THE DEFEASANCE OF ALL SUCH BONDS , LOANS,11
ADVANCES, OR INDEBTEDNESS.12
(b)  T
HE PORTION OF TAXES DESCRIBED IN SUBSECTION (11)(a)(II)13
OF THIS SECTION MAY BE IRREVOCABLY PLEDGED BY THE AUTHORITY FOR14
THE PAYMENT OF THE PRINCIPAL OF , THE INTEREST ON, AND ANY15
PREMIUMS DUE IN CONNECTION WITH SUCH BONDS , LOANS, ADVANCES,16
AND INDEBTEDNESS. THIS IRREVOCABLE PLEDGE DOES NOT EXTEND TO17
ANY TAXES THAT ARE PLACED IN A RESERVE FUND TO BE RETURNED TO18
THE COUNTY FOR REFUNDS OF OVERPAYMENTS BY TAXPAYERS ; EXCEPT19
THAT THIS LIMITATION ON THE EXTENSION OF THE IRREVOCABLE PLEDGE20
DOES NOT APPLY TO A CITY AND COUNTY .21
(c)  A
S USED IN THIS SUBSECTION (11), "TAXES" INCLUDES,22
WITHOUT LIMITATION, ALL LEVIES AUTHORIZED TO BE MADE ON AN AD23
VALOREM BASIS UPON REAL AND PERSONAL PROPERTY OR COUNTY SALES24
TAXES; BUT NOTHING IN THIS SUBSECTION (11) REQUIRES ANY PUBLIC25
BODY TO LEVY TAXES.26
(d)  I
F THE COUNTY REVITALIZATION AREA INCLUDES SINGLE - AND27
HB24-1172
-45- MULTI-FAMILY RESIDENCES, A SCHOOL DISTRICT WHICH INCLUDES ALL OR1
ANY PART OF THE COUNTY REVITALIZATION AREA MUST BE PERMITTED TO2
PARTICIPATE IN AN ADVISORY CAPACITY WITH RESPECT TO THE INCLUSION3
IN THE COUNTY REVITALIZATION PLAN OF THE PROVISION PROVIDED FOR4
BY THIS SUBSECTION (11).5
(e)  I
F THERE IS A GENERAL REASSESSMENT OF TAXABLE PROPERTY6
VALUATIONS IN ANY COUNTY INCLUDING ALL OR PART OF THE COUNTY7
REVITALIZATION AREA SUBJECT TO DIVISION OF VALUATION FOR8
ASSESSMENT UNDER SUBSECTION (11)(a) OF THIS SECTION OR A CHANGE9
IN THE SALES TAX RATE LEVIED IN ANY COUNTY INCLUDING ALL OR PART10
OF THE COUNTY REVITALIZATION AREA SUBJECT TO DIVISION OF SALES11
TAXES UNDER SUBSECTION (11)(a) OF THIS SECTION, THE PORTIONS OF12
VALUATIONS FOR ASSESSMENT OR SALES TAXES UNDER SUBSECTIONS13
(11)(a)(I) 
AND (11)(a)(II) OF THIS SECTION MUST BE PROPORTIONATELY14
ADJUSTED IN ACCORDANCE WITH THE REASSESSMENT OR CHANGE .15
(f)  N
OTWITHSTANDING THE THIRTY -YEAR PERIOD OF LIMITATION16
SET FORTH IN SUBSECTION (11)(a) OF THIS SECTION, ANY COUNTY17
REVITALIZATION PLAN, AS ORIGINALLY APPROVED OR AS LATER MODIFIED18
PURSUANT TO THIS ARTICLE 31, MAY CONTAIN A PROVISION THAT THE19
COUNTY SALES TAXES COLLECTED IN THE COUNTY REVITALIZATION AREA20
EACH YEAR OR THE COUNTY PORTION OF TAXES LEVIED UPON TAXABLE21
PROPERTY WITHIN THE AREA, OR BOTH SUCH TAXES, MAY BE ALLOCATED22
AS DESCRIBED IN THIS SUBSECTION (11) FOR A PERIOD IN EXCESS OF23
THIRTY YEARS AFTER THE EFFECTIVE DATE OF THE ADOPTION OF THE24
PROVISION IF THE EXISTING BONDS ARE IN DEFAULT OR ABOUT TO GO INTO25
DEFAULT; EXCEPT THAT THE TAXES MAY NOT BE ALLOCATED AFTER ALL26
BONDS OF THE AUTHORITY ISSUED PURSUANT TO SUCH PLAN INCLUDING27
HB24-1172
-46- LOANS, ADVANCES, AND INDEBTEDNESS, IF ANY, AND INTEREST THEREON,1
AND ANY PREMIUMS DUE IN CONNECTION THEREWITH HAVE BEEN REPAID . 2
(g)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,3
IF ONE OR MORE OF THE CONDITIONS SPECIFIED IN SUBSECTION (1)(c)(II)4
OF THIS SECTION HAVE BEEN SATISFIED SO THAT AGRICULTURAL LAND IS5
INCLUDED WITHIN THE COUNTY REVITALIZATION AREA , THE COUNTY6
ASSESSOR SHALL VALUE THE AGRICULTURAL LAND AT ITS FAIR MARKET7
VALUE IN MAKING THE CALCULATION OF THE TAXES TO BE PAID TO THE8
PUBLIC BODIES PURSUANT TO SUBSECTION (11)(a)(I) OF THIS SECTION9
SOLELY FOR THE PURPOSE OF DETERMINING THE TAX INCREMENT10
AVAILABLE PURSUANT TO SUBSECTION (11)(a)(II) OF THIS SECTION.11
N
OTHING IN THIS SECTION AFFECTS THE ACTUAL OR REQUIRED12
CLASSIFICATION OF AGRICULTURAL LAND FOR PROPERTY TAX PURPOSES ,13
AND NOTHING IN THIS SECTION AFFECTS THE TAXES ACTUALLY TO BE PAID14
TO THE PUBLIC BODIES PURSUANT TO SUBSECTION (11)(a)(I) OF THIS15
SECTION, WHICH MUST CONTINUE TO BE BASED ON THE AGRICULTURAL16
CLASSIFICATION OF SUCH LAND UNLESS AND UNTIL IT HAS BEEN17
RECLASSIFIED IN THE NORMAL COURSE OF THE ASSESSMENT PROCESS . 18
(h)  T
HE MANNER AND METHODS BY WHICH THE REQUIREMENTS OF19
THIS SUBSECTION (11) ARE TO BE IMPLEMENTED BY COUNTY ASSESSORS20
MUST BE CONTAINED IN SUCH MANUALS , APPRAISAL PROCEDURES, AND21
INSTRUCTIONS, AS APPLICABLE, THAT THE PROPERTY TAX ADMINISTRATOR22
IS AUTHORIZED TO PREPARE AND PUBLISH PURSUANT TO SECTION 39-2-10923
(1)(e).24
(i)  W
ITHIN THE TWELVE-MONTH PERIOD BEFORE THE EFFECTIVE25
DATE OF THE APPROVAL OR MODIFICATION OF THE COUNTY26
REVITALIZATION PLAN REQUIRING THE ALLOCATION OF MONEY TO THE27
HB24-1172
-47- AUTHORITY PURSUANT TO SUBSECTION (11)(a) OF THIS SECTION, THE1
MUNICIPALITY, COUNTY, SPECIAL DISTRICT, OR SCHOOL DISTRICT IS2
ENTITLED TO THE REIMBURSEMENT OF ANY MONEY THAT THE3
MUNICIPALITY, COUNTY, SPECIAL DISTRICT, OR SCHOOL DISTRICT PAYS TO,4
CONTRIBUTES TO, OR INVESTS IN THE AUTHORITY FOR THE PROJECT. THE5
REIMBURSEMENT MUST BE PAID FROM THE SPECIAL FUND OF THE6
AUTHORITY ESTABLISHED PURSUANT TO SUBSECTION (11)(a) OF THIS7
SECTION.8
(j)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SUBSECTION9
(11)
 TO THE CONTRARY, IN THE CASE OF A SCHOOL DISTRICT THAT JOINS10
AN AUTHORITY PURSUANT TO SECTION 30-31-104 (6), ONLY THAT PORTION11
OF PROPERTY TAX REVENUE ATTRIBUTABLE TO PROPERTY TAX MILLS THAT12
THE SCHOOL DISTRICT LEVIES PURSUANT TO SECTION 22-54-108 IS13
CONSIDERED WHEN DETERMINING :14
(I)  T
HE AMOUNT OF REVENUE RAISED BY THE LEVY OF TAXES ON15
THE VALUATION FOR ASSESSMENT OF TAXABLE PROPERTY FOR THE16
PURPOSES OF SUBSECTION (11)(a)(I) OF THIS SECTION; AND17
(II)  F
OR PURPOSES OF SUBSECTION (11)(a)(II) OF THIS SECTION,18
THE PORTION OF PROPERTY TAXES IN EXCESS OF THE AMOUNT OF19
PROPERTY TAXES PAID INTO THE SCHOOL DISTRICT 'S FUNDS IN20
ACCORDANCE WITH SUBSECTION (11)(a)(I) OF THIS SECTION.21
(12) (a)  N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE22
GOVERNING BODY MAY PROVIDE IN THE COUNTY REVITALIZATION PLAN23
THAT THE VALUATION ATTRIBUTABLE TO THE EXTRACTION OF MINERAL24
RESOURCES LOCATED WITHIN THE COUNTY REVITALIZATION AREA IS NOT25
SUBJECT TO THE DIVISION THAT IS OTHERWISE REQUIRED BY SUBSECTION26
(11)(a) 
OF THIS SECTION. IN SUCH CIRCUMSTANCES, THE TAXES LEVIED ON27
HB24-1172
-48- THE VALUATION MUST BE DISTRIBUTED TO THE TAXING ENTITIES AS IF THE1
COUNTY REVITALIZATION PLAN WAS NOT IN EFFECT .2
(b)  A
S USED IN THIS SUBSECTION (12):3
(I)  "M
INERAL RESOURCES" HAS THE SAME MEANING AS SPECIFIED4
IN SECTION 36-1-100.3 (3).5
(II)  "V
ALUATION ATTRIBUTABLE TO THE EXTRACTION OF MINERAL6
RESOURCES" INCLUDES:7
(A)  T
HE VALUE OF OIL AND GAS LEASEHOLDS AND LAND AND8
SUBSURFACE OIL AND GAS WELL EQUIPMENT THAT IS VALUED FOR9
ASSESSMENT PURPOSES AS REAL PROPERTY UNDER SECTIONS 39-7-10210
AND 39-7-103; AND11
(B)  S
URFACE OIL AND GAS WELL EQUIPMENT AND SUBMERSIBLE12
PUMPS AND SUCKER RODS THAT ARE LOCATED ON OIL 	AND GAS13
LEASEHOLDS AND LAND AND THAT ARE VALUED FOR ASSESSMENT14
PURPOSES AS PERSONAL PROPERTY UNDER SECTION 39-7-103.15
(13)  T
HE COUNTY IN WHICH THE COUNTY REVITALIZATION16
AUTHORITY HAS BEEN ESTABLISHED SHALL TIMELY NOTIFY THE ASSESSOR17
WHEN:18
(a)  T
HE COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL19
MODIFICATION OF THE PLAN HAS BEEN APPROVED THAT CONTAINS THE20
PROVISIONS REFERENCED IN SUBSECTION (11)(a) OF THIS SECTION OR A21
SUBSTANTIAL MODIFICATION OF THE PLAN ADDS LAND TO THE PLAN ,22
WHICH PLAN CONTAINS THE PROVISIONS REFERENCED IN SUBSECTION23
(11)(a) 
OF THIS SECTION;24
(b)  A
NY OUTSTANDING OBLIGATION INCURRED BY THE AUTHORITY25
PURSUANT TO THE PROVISIONS OF SUBSECTION (11) OF THIS SECTION HAS26
BEEN PAID OFF; AND27
HB24-1172
-49- (c)  THE PURPOSES OF THE AUTHORITY HAVE OTHERWISE BEEN1
ACHIEVED.2
(14) (a)  N
OT LATER THAN THIRTY DAYS AFTER THE COUNTY HAS3
PROVIDED THE COUNTY ASSESSOR THE NOTICE REQUIRED BY SUBSECTION4
(13)(a) 
OF THIS SECTION, THE COUNTY ASSESSOR MAY PROVIDE WRITTEN5
NOTICE TO THE COUNTY IF THE ASSESSOR BELIEVES THAT AGRICULTURAL6
LAND HAS BEEN IMPROPERLY INCLUDED IN THE COUNTY REVITALIZATION7
AREA IN VIOLATION OF SUBSECTION (1)(c)(II) OF THIS SECTION.8
(b)  I
F THE NOTICE DESCRIBED IN SUBSECTION (13)(a) OF THIS9
SECTION IS NOT DELIVERED WITHIN THE REQUIRED THIRTY -DAY PERIOD,10
THE INCLUSION OF THE LAND IN THE COUNTY REVITALIZATION AREA AS11
DESCRIBED IN THE COUNTY REVITALIZATION PLAN IS INCONTESTABLE IN12
ANY SUIT OR PROCEEDING NOTWITHSTANDING THE PRESENCE OF ANY13
CAUSE.14
30-31-110.  Disaster areas. (1)  N
OTWITHSTANDING ANY OTHER15
PROVISIONS OF THIS ARTICLE 31, WHEN THE GOVERNING BODY CERTIFIES16
THAT AN AREA IS IN NEED OF REDEVELOPMENT OR REHABILITATION AS A17
RESULT OF A FLOOD, FIRE, HURRICANE, EARTHQUAKE, STORM, OR OTHER18
CATASTROPHE FOR WHICH THE GOVERNOR HAS CERTIFIED THE NEED FOR19
DISASTER ASSISTANCE PURSUANT TO THE "FEDERAL DISASTER RELIEF20
A
CT", PUB. L. 81-875, AS AMENDED, OR ANY OTHER RELEVANT FEDERAL21
LAW, THE GOVERNING BODY MAY DEEM SUCH AN AREA TO BE A22
REVITALIZATION AREA.23
(2)  T
HE AUTHORITY MAY PREPARE AND SUBMIT TO THE24
GOVERNING BODY A PROPOSED COUNTY REVITALIZATION PLAN AND25
PROPOSED COUNTY REVITALIZATION PROJECT FOR AN AREA DEEMED A26
REVITALIZATION AREA PURSUANT TO SUBSECTION (1) OF THIS SECTION OR27
HB24-1172
-50- FOR ANY PORTION THEREOF , AND THE GOVERNING BODY MAY , BY1
RESOLUTION, APPROVE SUCH A PROPOSED COUNTY REVITALIZATION PLAN2
AND COUNTY REVITALIZATION PROJECT WITH OR WITHOUT MODIFICATIONS3
WITHOUT REGARD TO THE PROVISIONS OF THIS ARTICLE 31 REQUIRING A4
GENERAL OR MASTER PLAN FOR THE PHYSICAL DEVELOPMENT OF THE5
COUNTY AS A WHOLE , REVIEW BY THE PLANNING COMMISSION , OR A6
PUBLIC HEARING.7
30-31-111.  Issuance of bonds by an authority. (1)  A
N8
AUTHORITY HAS POWER TO ISSUE BONDS OF THE AUTHORITY FROM TIME TO9
TIME IN ITS DISCRETION TO FINANCE ITS ACTIVITIES OR OPERATIONS10
PURSUANT TO THIS ARTICLE 31, INCLUDING THE REPAYMENT WITH11
INTEREST OF ANY ADVANCES OR LOANS OF FUNDS MADE TO THE12
AUTHORITY BY THE FEDERAL GOVERNMENT OR OTHER SOURCE FOR ANY13
SURVEYS OR PLANS MADE OR TO BE MADE BY THE AUTHORITY IN14
EXERCISING ITS POWERS PURSUANT TO THIS ARTICLE 31 AND ALSO HAS15
POWER TO ISSUE REFUNDING OR OTHER BONDS OF THE AUTHORITY IN ITS16
DISCRETION FOR THE PAYMENT, RETIREMENT, RENEWAL, OR EXTENSION OF17
ANY BONDS PREVIOUSLY ISSUED PURSUANT TO THIS SECTION AND TO18
PROVIDE FOR THE REPLACEMENT OF LOST , DESTROYED, OR MUTILATED19
BONDS PREVIOUSLY ISSUED PURSUANT TO THIS SECTION .20
(2) (a)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE21
GENERAL OBLIGATION BONDS OF THE AUTHORITY THE PAYMENT OF WHICH ,22
AS TO PRINCIPAL AND INTEREST AND PREMIUMS , IF ANY, THE FULL FAITH,23
CREDIT, AND ASSETS, ACQUIRED AND TO BE ACQUIRED, OF THE AUTHORITY24
ARE IRREVOCABLY PLEDGED .25
(b)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SPECIAL26
OBLIGATIONS OF THE AUTHORITY WHICH , AS TO PRINCIPAL AND INTEREST27
HB24-1172
-51- AND PREMIUMS, IF ANY, ARE PAYABLE SOLELY FROM AND SECURED ONLY1
BY A PLEDGE OF ANY INCOME, PROCEEDS, REVENUES, OR FUNDS OF THE2
AUTHORITY DERIVED OR TO BE DERIVED BY IT FROM OR HELD OR TO BE3
HELD BY IT IN CONNECTION WITH ITS UNDERTAKING OF ANY PROJECT OF4
THE AUTHORITY, INCLUDING MONEY TO BE PAID TO AN AUTHORITY5
PURSUANT TO SECTION 30-31-109 (11) AND INCLUDING ANY GRANTS OR6
CONTRIBUTIONS OF MONEY MADE OR TO BE MADE BY IT WITH RESPECT TO7
ANY SUCH PROJECT AND ANY MONEY DERIVED OR TO BE DERIVED BY IT8
FROM OR HELD OR TO BE HELD BY IT IN CONNECTION WITH ITS SALE, LEASE,9
RENTAL, TRANSFER, RETENTION, MANAGEMENT , REHABILITATION,10
CLEARANCE, DEVELOPMENT, REDEVELOPMENT , PREPARATION FOR11
DEVELOPMENT OR REDEVELOPMENT , OR ITS OPERATION OR OTHER12
UTILIZATION OR DISPOSITION OF ANY REAL OR PERSONAL PROPERTY13
ACQUIRED OR TO BE ACQUIRED BY IT OR HELD OR TO BE HELD BY IT FOR14
ANY OF THE PURPOSES OF THIS ARTICLE 31 AND INCLUDING ANY LOANS	,15
GRANTS, OR CONTRIBUTIONS OF FUNDS MADE OR TO BE MADE TO IT BY THE16
FEDERAL GOVERNMENT IN AID OF ANY PROJECT OF THE AUTHORITY OR IN17
AID OF ANY OF ITS OTHER ACTIVITIES OR OPERATIONS.18
(c)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SPECIAL19
OBLIGATIONS OF THE AUTHORITY THAT , AS TO PRINCIPAL AND INTEREST20
AND PREMIUMS, IF ANY, ARE PAYABLE SOLELY FROM AND SECURED ONLY21
BY A PLEDGE OF ANY LOANS , GRANTS, OR CONTRIBUTIONS OF MONEY22
MADE OR TO BE MADE TO IT BY THE FEDERAL GOVERNMENT OR OTHER23
SOURCE IN AID OF ANY PROJECT OF THE AUTHORITY OR IN AID OF ANY OF24
ITS OTHER ACTIVITIES OR OPERATIONS.25
(d)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE26
CONTINGENT SPECIAL OBLIGATIONS OF THE AUTHORITY WHICH , AS TO27
HB24-1172
-52- PRINCIPAL AND INTEREST AND PREMIUMS , IF ANY, ARE PAYABLE SOLELY1
FROM ANY MONEY AVAILABLE OR BECOMING AVAILABLE TO THE2
AUTHORITY FOR ITS UNDERTAKING OF THE PROJECT INVOLVED IN THE3
PARTICULAR ACTIVITIES OR OPERATIONS WITH RESPECT TO WHICH THE4
CONTINGENT SPECIAL OBLIGATIONS ARE ISSUED BUT PAYABLE ONLY IF5
MONEY IS OR BECOMES AVAILABLE AS PROVIDED IN THIS SUBSECTION (2).6
(3)  N
OTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION ,7
ANY BONDS ISSUED PURSUANT TO THIS SECTION , OTHER THAN THE8
CONTINGENT SPECIAL OBLIGATIONS COVERED BY SUBSECTION (2)(d) OF9
THIS SECTION, MAY BE ADDITIONALLY SECURED AS TO THE PAYMENT OF10
THE PRINCIPAL AND INTEREST AND PREMIUMS , IF ANY, BY A MORTGAGE OF11
ANY COUNTY REVITALIZATION PROJECT , OR ANY PART THEREOF, TITLE TO12
WHICH IS THEN OR THEREAFTER IN THE AUTHORITY OR OF ANY OTHER13
REAL OR PERSONAL PROPERTY OR INTERESTS THEREIN THEN OWNED OR14
THEREAFTER ACQUIRED BY THE AUTHORITY .15
(4)  N
OTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION ,16
GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THIS SECTION MAY BE17
ADDITIONALLY SECURED AS TO PAYMENT OF THE PRINCIPAL AND INTEREST18
AND PREMIUMS, IF ANY, AS PROVIDED IN EITHER SUBSECTION (2)(b) OR19
SUBSECTION (2)(c) OF THIS SECTION, WITH OR WITHOUT BEING ALSO20
ADDITIONALLY SECURED AS TO PAYMENT OF THE PRINCIPAL , INTEREST,21
AND PREMIUMS, IF ANY, BY A MORTGAGE AS PROVIDED IN SUBSECTION (3)22
OF THIS SECTION OR A TRUST AGREEMENT AS PROVIDED IN SUBSECTION (5)23
OF THIS SECTION.24
(5)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,25
ANY BONDS PURSUANT TO THIS SECTION MAY BE ADDITIONALLY SECURED26
AS TO THE PAYMENT OF THE PRINCIPAL, INTEREST, AND PREMIUMS, IF ANY,27
HB24-1172
-53- BY A TRUST AGREEMENT BY AND BETWEEN THE AUTHORITY AND A1
CORPORATE TRUSTEE, WHICH MAY BE ANY TRUST COMPANY OR BANK2
HAVING THE POWERS OF A TRUST COMPANY WITHIN OR WITHOUT THE3
STATE OF COLORADO.4
(6)  B
ONDS ISSUED PURSUANT TO THIS SECTION DO NOT5
CONSTITUTE AN INDEBTEDNESS OF THE STATE OF COLORADO OR OF ANY6
COUNTY, MUNICIPALITY, OR PUBLIC BODY OF THE STATE OF COLORADO7
OTHER THAN THE COUNTY REVITALIZATION AUTHORITY ISSUING SUCH8
BONDS AND ARE NOT SUBJECT TO THE PROVISIONS OF ANY OTHER LAW OR9
OF THE CHARTER OF ANY COUNTY RELATING TO THE AUTHORIZATION ,10
ISSUANCE, OR SALE OF BONDS.11
(7)  B
ONDS ISSUED PURSUANT TO THIS SECTION ARE ISSUED FOR AN12
ESSENTIAL PUBLIC AND GOVERNMENTAL PURPOSE AND , TOGETHER WITH13
INTEREST THEREON AND INCOME THEREFROM , ARE EXEMPT FROM ALL14
TAXES.15
(8) (a)  B
ONDS ISSUED PURSUANT TO THIS SECTION MUST BE16
AUTHORIZED BY A RESOLUTION OF THE AUTHORITY AND MAY BE ISSUED IN17
ONE OR MORE SERIES AND MUST BEAR SUCH DATE , BE PAYABLE UPON18
DEMAND OR MATURE AT SUCH TIME , BEAR INTEREST AT SUCH RATE, BE IN19
SUCH DENOMINATION, BE IN SUCH FORM, EITHER COUPON OR REGISTERED20
OR OTHERWISE, CARRY SUCH CONVERSION OR REGISTRATION PRIVILEGES ,21
HAVE SUCH RANK OR PRIORITY , BE EXECUTED IN THE NAME OF THE22
AUTHORITY IN SUCH MANNER, BE PAYABLE IN SUCH MEDIUM OF PAYMENT,23
BE PAYABLE AT SUCH PLACE , BE SUBJECT TO SUCH CALLABILITY24
PROVISIONS OR TERMS OF REDEMPTION , WITH OR WITHOUT PREMIUMS, BE25
SECURED IN SUCH MANNER , BE OF SUCH DESCRIPTION, CONTAIN OR BE26
SUBJECT TO SUCH COVENANTS , PROVISIONS, TERMS, CONDITIONS, AND27
HB24-1172
-54- AGREEMENTS INCLUDING PROVISIONS CONCERNING EVENTS OF DEFAULT ,1
AND HAVE SUCH OTHER CHARACTERISTICS AS MAY BE PROVIDED BY THE2
RESOLUTION OR BY THE TRUST AGREEMENT , INDENTURE, OR MORTGAGE,3
IF ANY, ISSUED PURSUANT TO THE RESOLUTION .4
(b)  T
HE SEAL, OR A FACSIMILE THEREOF, OF THE AUTHORITY MUST5
BE AFFIXED, IMPRINTED, ENGRAVED, OR OTHERWISE REPRODUCED UPON6
EACH OF ITS BONDS ISSUED PURSUANT TO THIS SECTION .7
(c)  B
ONDS ISSUED PURSUANT TO THIS SECTION MUST BE EXECUTED8
IN THE NAME OF THE AUTHORITY BY THE MANUAL , OR FACSIMILE9
SIGNATURES OF SUCH OF ITS OFFICIALS AS MAY BE DESI GNATED IN THE10
SAID RESOLUTION OR TRUST AGREEMENT , INDENTURE, OR MORTGAGE;11
EXCEPT THAT AT LEAST ONE SIGNATURE ON EACH SUCH BOND MUST BE A12
MANUAL SIGNATURE.13
(d)  C
OUPONS, IF ANY, ATTACHED TO BONDS ISSUED PURSUANT TO14
THIS SECTION MUST BEAR THE FACSIMILE SIGNATURE OF AN OFFICIAL OF15
THE AUTHORITY DESIGNATED PURSUANT TO THIS SUBSECTION (8).16
(e)  A
 RESOLUTION OR TRUST AGREEMENT , INDENTURE, OR17
MORTGAGE MAY PROVIDE FOR THE AUTHENTICATION OF THE PERTINENT18
BONDS BY THE TRUSTEE.19
(9)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SOLD BY20
THE AUTHORITY IN SUCH MANNER AND FOR SUCH PRICE AS THE AUTHORITY21
MAY DETERMINE, AT PAR, BELOW PAR, OR ABOVE PAR, AT PRIVATE SALE22
OR AT PUBLIC SALE AFTER NOTICE PUBLISHED BEFORE SALE IN A23
NEWSPAPER HAVING GENERAL CIRCULATION IN THE COUNTY OR IN24
ANOTHER MEDIUM OF PUBLICATION THAT THE AUTHORITY MAY DEEM25
APPROPRIATE.26
(10)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE27
HB24-1172
-55- EXCHANGED BY THE AUTHORITY FOR OTHER BONDS ISSUED BY IT1
PURSUANT TO THIS SECTION.2
(11)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SOLD BY3
AN AUTHORITY TO THE FEDERAL GOVERNMENT IF THE AUTHORITY SELLS4
LESS THAN ALL OF THE AUTHORIZED PRINCIPAL AMOUNT OF THE BONDS TO5
THE FEDERAL GOVERNMENT , THE AUTHORITY MAY SELL THE BALANCE OR6
ANY PORTION OF THE BALANCE AT PRIVATE SALE AT PAR , BELOW PAR, OR7
ABOVE PAR, AT AN INTEREST COST TO THE AUTHORITY NOT TO EXCEED THE8
INTEREST COST TO THE AUTHORITY OF THE PORTION OF THE BONDS SOLD9
BY THE AUTHORITY TO THE FEDERAL GOVERNMENT .10
30-31-112.  Property of an authority exempt from taxes and11
from levy and sale by virtue of an execution. (1) (a)  A
LL PROPERTY OF12
AN AUTHORITY, INCLUDING ALL MONEY OWNED OR HELD BY IT FOR ANY OF13
THE PURPOSES OF THIS ARTICLE 31, IS EXEMPT FROM BOTH THE LEVY OF14
PROPERTY TAXES AND SALE BY VIRTUE OF AN EXECUTION , AND NO SUCH15
EXECUTION OR OTHER JUDICIAL PROCESS MAY ISSUE AGAINST THE16
PROPERTY OF AN AUTHORITY NOR MAY A JUDGMENT AGAINST THE17
AUTHORITY BE A CHARGE OR LIEN UPON SUCH PROPERTY .18
(b)  T
HIS SUBSECTION (1) DOES NOT APPLY TO OR LIMIT EITHER:19
(I)  T
HE RIGHT OF OBLIGEES TO FORECLOSE OR OTHERWISE20
ENFORCE ANY MORTGAGE , DEED OF TRUST , TRUST AGREEMENT ,21
INDENTURE, OR OTHER ENCUMBRANCE OF THE AUTHORITY ; OR22
(II)  T
HE RIGHT OF OBLIGEES TO PURSUE ANY REMEDIES FOR THE23
ENFORCEMENT OF ANY PLEDGE OR LIEN GIVEN BY THE AUTHORITY24
PURSUANT TO THIS ARTICLE 31 ON ITS RENTS, INCOME, PROCEEDS,25
REVENUES, LOANS, GRANTS, CONTRIBUTIONS, AND OTHER MONEY AND26
ASSETS DERIVED OR ARISING FROM ANY PROJECT OF THE AUTHORITY OR27
HB24-1172
-56- FROM ANY OF ITS OPERATIONS OR ACTIVITIES PURSUANT TO THIS ARTICLE1
31.2
(2)  A
LL PROPERTY OF AN AUTHORITY ACQUIRED OR HELD BY IT FOR3
ANY OF THE PURPOSES OF THIS ARTICLE 31, INCLUDING ALL MONEY OF AN4
AUTHORITY ACQUIRED OR HELD BY IT FOR ANY OF THESE PURPOSES , IS5
PUBLIC PROPERTY USED FOR ESSENTIAL PUBLIC AND GOVERNMENTAL6
PURPOSES, AND BOTH THE PROPERTY AND THE AUTHORITY ARE EXEMPT7
FROM ALL TAXES OF THE STATE OF COLORADO OR ANY OTHER PUBLIC8
BODY; EXCEPT THAT THIS TAX EXEMPTION FOR ANY PROPERTY ENDS WHEN9
THE AUTHORITY SELLS , LEASES, OR OTHERWISE DISPOSES OF THE10
PARTICULAR PROPERTY TO A PURCHASER , LESSEE, OR OTHER ALIENEE11
THAT IS NOT A PUBLIC BODY ENTITLED TO TAX EXEMPTION WITH RESPECT12
TO THE PARTICULAR PROPERTY.13
30-31-113.  Title of purchaser, lessee, or transferee. A
NY14
INSTRUMENT EXECUTED BY AN AUTHORITY AND PURPORTING TO CONVEY15
ANY RIGHT, TITLE, OR INTEREST OF THE AUTHORITY IN ANY PROPERTY16
PURSUANT TO THIS ARTICLE 31 IS CONCLUSIVELY PRESUMED TO HAVE17
BEEN MADE AND EXECUTED IN COMPLIANCE WITH THE PROVISIONS OF THIS18
ARTICLE 31 INSOFAR AS TITLE OR OTHER INTEREST OF ANY BONA FIDE19
PURCHASERS, LESSEES, OR TRANSFEREES OF SUCH PROPERTY IS20
CONCERNED.21
30-31-114.  Cooperation by public bodies with county22
revitalization authorities. (1)  A
NY PUBLIC BODY, WITHIN ITS POWERS,23
PURPOSES, AND FUNCTIONS AND FOR THE PURPOSE OF AIDING AN24
AUTHORITY IN OR IN CONNECTION WITH THE PLANNING OR UNDERTAKING25
PURSUANT TO THIS ARTICLE 31 OF ANY PLANS, PROJECTS, PROGRAMS,26
WORKS, OPERATIONS, OR ACTIVITIES OF AN AUTHORITY WHOSE AREA OF27
HB24-1172
-57- OPERATION IS SITUATED IN WHOLE OR IN PART WITHIN THE AREA IN WHICH1
THE PUBLIC BODY IS AUTHORIZED TO ACT , UPON TERMS AS THE PUBLIC2
BODY SHALL DETERMINE, MAY:3
(a)  S
ELL, CONVEY, OR LEASE ANY OF THE PUBLIC BODY'S PROPERTY4
OR GRANT EASEMENTS , LICENSES, OR OTHER RIGHTS OR PRIVILEGES5
THEREIN TO THE AUTHORITY;6
(b)  I
NCUR THE ENTIRE EXPENSE OF ANY PUBLIC IMPROVEMENTS7
MADE BY THE PUBLIC BODY IN EXERCISING THE POWERS MENTIONED IN8
THIS SECTION;9
(c)  D
O EVERYTHING NECESSARY TO AID OR COOPERATE WITH THE10
AUTHORITY IN OR IN CONNECTION WITH THE PLANNING OR UNDERTAKING11
OF ANY PLANS, PROJECTS, PROGRAMS, WORKS, OPERATIONS, OR12
ACTIVITIES;13
(d)  E
NTER INTO AGREEMENTS WITH THE AUTHORITY RESPECTING14
ACTION TO BE TAKEN PURSUANT TO ANY OF THE POWERS SET FORTH IN15
THIS ARTICLE 31, INCLUDING AGREEMENTS RESPECTING THE PLANNING OR16
UNDERTAKING OF ANY PLANS, PROJECTS, PROGRAMS, WORKS, OPERATIONS,17
OR ACTIVITIES WHICH THE PUBLIC BODY IS OTHERWISE EMPOWERED TO18
UNDERTAKE;19
(e)  C
AUSE PUBLIC BUILDINGS AND PUBLIC FACILITIES, INCLUDING20
PARKS, PLAYGROUNDS, RECREATIONAL, COMMUNITY, EDUCATIONAL,21
WATER, GARBAGE DISPOSAL, SEWER, SEWAGE, SEWERAGE, OR DRAINAGE22
FACILITIES, OR ANY OTHER PUBLIC WORKS, IMPROVEMENTS, FACILITIES, OR23
UTILITIES WHICH THE PUBLIC BODY IS OTHERWISE EMPOWERED TO24
UNDERTAKE, TO BE FURNISHED WITHIN THE AREA IN WHICH THE PUBLIC25
BODY IS AUTHORIZED TO ACT;26
(f)  F
URNISH, DEDICATE, ACCEPT DEDICATION OF, OPEN, CLOSE,27
HB24-1172
-58- VACATE, INSTALL, CONSTRUCT, RECONSTRUCT, PAVE, REPAVE, REPAIR,1
REHABILITATE, IMPROVE, GRADE, REGRADE, PLAN, OR REPLAN PUBLIC2
STREETS, ROADS, ROADWAYS, PARKWAYS, ALLEYS, SIDEWALKS, AND3
OTHER PUBLIC WAYS OR PLACES WITHIN THE AREA IN WHICH THE PUBLIC4
BODY IS AUTHORIZED TO ACT TO THE EXTENT THAT THE ITEMS OR5
MATTERS ARE, UNDER ANY OTHER LAW , OTHERWISE WITHIN THE6
JURISDICTION OF THE PUBLIC BODY;7
(g)  P
LAN OR REPLAN AND ZONE OR REZONE ANY PART OF THE AREA8
UNDER THE JURISDICTION OF THE PUBLIC BODY OR MAKE EXCEPTIONS9
FROM ITS BUILDING REGULATIONS;10
(h)  C
AUSE ADMINISTRATIVE OR OTHER SERVICES TO BE FURNISHED11
TO THE AUTHORITY; OR12
(i)  D
ESIGNATE ANY PORTION OF THE SALES TAX REVENUE IT13
RECEIVES TO THE AUTHORITY.14
(2)  I
F AT ANY TIME TITLE TO OR POSSESSION OF THE WHOLE OR ANY15
PORTION OF ANY PROJECT OF THE AUTHORITY UNDER THIS ARTICLE 31 IS16
HELD BY ANY GOVERNMENTAL AGENCY OR PUBLIC BODY , OTHER THAN17
THE AUTHORITY, WHICH IS AUTHORIZED BY LAW TO ENGAGE IN THE18
UNDERTAKING, CARRYING OUT, OR ADMINISTRATION OF ANY PROJECT ,19
INCLUDING ANY AGENCY OR INSTRUMENTALITY OF THE UNITED STATES,20
THE PROVISIONS OF THE AGREEMENTS REFERRED TO IN SUBSECTION (1)(d)21
OF THIS SECTION INURE TO THE BENEFIT OF AND MAY BE ENFORCED BY THE22
GOVERNMENTAL AGENCY OR PUBLIC BODY .23
(3)  A
NY PUBLIC BODY REFERRED TO IN SUBSECTION (1) OF THIS24
SECTION MAY, IN ADDITION TO ITS AUTHORITY PURSUANT TO ANY OTHER25
LAW TO ISSUE ITS BONDS FOR ANY PURPOSES , ISSUE AND SELL ITS BONDS26
FOR ANY OF THE PURPOSES OF THE PUBLIC BODY STATED IN THIS SECTION .27
HB24-1172
-59- (4)  FOR THE ADVANCEMENT OF THE PUBLIC INTEREST AND FOR THE1
PURPOSE OF AIDING AND COOPERATING IN THE PLANNING , ACQUISITION,2
DEMOLITION, REHABILITATION, CONSTRUCTION, OR RELOCATION, OR3
OTHERWISE ASSISTING THE OPERATION OR ACTIVITIES OF THE COUNTY4
REVITALIZATION PROJECT LOCATED WHOLLY OR PARTLY WITHIN THE AREA5
IN WHICH IT IS AUTHORIZED TO ACT, A PUBLIC BODY MAY ENTER INTO6
AGREEMENTS ,WHICH MAY EXTEND OVER ANY PERIOD NOTWITHSTANDING7
ANY PROVISION OF LAW TO THE CONTRARY , WITH AN AUTHORITY8
RESPECTING ACTION TAKEN OR TO BE TAKEN PURSUANT TO ANY OF THE9
POWERS GRANTED BY THIS ARTICLE 31.10
30-31-115.  Designation - transfer - abolishment.11
(1)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 31, THE12
GOVERNING BODY MAY DESIGNATE ITSELF AS THE AUTHORITY WHEN13
ORIGINALLY ESTABLISHING AN AUTHORITY . A TRANSFER OF AN EXISTING14
AUTHORITY TO THE GOVERNING BODY MAY BE ACCOMPLISHED ONLY BY15
MAJORITY VOTE AT A REGULAR ELECTION .16
(2)  W
HEN THE GOVERNING BODY DESIGNATES ITSELF AS THE17
AUTHORITY OR TRANSFERS AN EXISTING AUTHORITY TO THE GOVERNING18
BODY PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE GOVERNING19
BODY SHALL APPOINT THE AUTHORITY COMMISSIONERS IN ACCORDANCE20
WITH SECTION 30-31-104 (2).21
(3)  T
HE GOVERNING BODY OF THE COUNTY MAY , BY RESOLUTION,22
PROVIDE FOR THE ABOLISHMENT OF THE COUNTY REVITALIZATION23
AUTHORITY SO LONG AS ADEQUATE ARRANGEMENTS HAVE BEEN MADE24
FOR PAYMENT OF ANY OUTSTANDING INDEBTEDNESS AND OTHER25
OBLIGATIONS OF THE AUTHORITY. ANY SUCH ABOLISHMENT IS EFFECTIVE26
UPON A DATE SET FORTH IN THE ORDINANCE AND THIS DATE MUST NOT BE27
HB24-1172
-60- LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE ORDINANCE .1
30-31-116.  Regional tourism projects. (1)  A
 COUNTY2
REVITALIZATION AUTHORITY THAT IS DESIGNATED AS A FINANCING ENTITY3
PURSUANT TO PART 3 OF ARTICLE 46 OF TITLE 24, HAS ALL THE POWERS4
NECESSARY OR CONVENIENT TO CARRY OUT AND EFFECTUATE THE5
PURPOSES AND PROVISIONS OF PART 3 OF ARTICLE 46 OF TITLE 24,6
INCLUDING THE POWER TO RECEIVE STATE SALES TAX INCREMENT7
REVENUE GENERATED WITHIN AN APPROVED REGIONAL TOURISM ZONE , AS8
DEFINED IN SECTION 24-46-303 (11), AND TO DISBURSE AND OTHERWISE9
UTILIZE SUCH REVENUE FOR ALL LAWFUL PURPOSES , INCLUDING10
FINANCING ELIGIBLE COSTS AND THE DESIGN , CONSTRUCTION,11
MAINTENANCE, AND OPERATION OF ELIGIBLE IMPROVEMENTS , AS SUCH12
TERMS ARE DEFINED IN SECTION 24-46-303 OR OTHERWISE INCORPORATED13
INTO THE COMMISSION'S CONDITIONS OF APPROVAL.14
(2)  N
OTWITHSTANDING SECTION 30-31-109 (8), AUTHORIZATION15
TO RECEIVE STATE SALES TAX INCREMENT REVENUE PURSUANT TO PART16
3
 OF ARTICLE 46 OF TITLE 24, IS A MATERIAL MODIFICATION TO THE PLAN,17
AND CORRESPONDING CHANGES TO THE PLAN MAY BE MADE BY THE18
GOVERNING BODY OF THE AUTHORITY TO INCORPORATE THE USE OF STATE19
SALES TAX INCREMENT REVENUE WITHOUT THE REQUIREMENT OF20
SUBMISSION TO OR APPROVAL BY THE GOVERNING BODY OF THE COUNTY21
THAT HAS ESTABLISHED THE AUTHORITY .22
(3)  A
NY COUNTY REVITALIZATION AUTHORITY THAT RECEIVES23
STATE SALES TAX INCREMENT REVENUE , WHETHER PURSUANT TO24
DESIGNATION AS A FINANCING ENTITY PURSUANT TO PART 3 OF ARTICLE 4625
OF TITLE 24, OR PURSUANT TO A CONTRACT ENTERED INTO WITH ANY SUCH26
FINANCING ENTITY, SHALL NOT USE THE STATE SALES TAX INCREMENT27
HB24-1172
-61- REVENUE TO ACQUIRE PROPERTY THROUGH THE EXERCISE OF EMINENT1
DOMAIN.2
(4)  N
OTHING IN THIS SECTION ELIMINATES THE REQUIREMENTS FOR3
THE AUTHORIZATION OF A NEW COUNTY REVITALIZATION AUTHORITY4
PURSUANT TO THIS ARTICLE 31.5
30-31-117.  Cumulative powers. T
HE POWERS CONFERRED BY6
THIS ARTICLE 31 ARE IN ADDITION AND SUPPLEMENTAL TO THE POWERS7
CONFERRED BY ANY OTHER LAW .8
SECTION 2. In Colorado Revised Statutes, add article 7.5 to title9
38 as follows:10
ARTICLE 7.511
Eminent Domain by County Revitalization Authorities - Vesting12
38-7.5-101.  Motion for vesting - contents. (1) (a)  I
N ANY13
PROCEEDING INITIATED BY A COUNTY REVITALIZATION AUTHORITY , AS14
DEFINED IN SECTION 30-31-103 (6), UNDER THE PROVISIONS OF ARTICLE 115
OF THIS TITLE, THE PETITIONER OR ANY RESPONDENT, AT ANY TIME AFTER16
THE PETITION HAS BEEN FILED AND BEFORE JUDGMENT IS ENTERED IN THE17
PROCEEDING, MAY FILE A WRITTEN VERIFIED MOTION REQUESTING THAT ,18
IMMEDIATELY OR AT SOME SPECIFIED LATER DATE , THE PETITIONER BE19
VESTED WITH FEE SIMPLE TITLE, OR SOME LESSER ESTATE, INTEREST, OR20
EASEMENT, AS MAY BE REQUIRED, TO THE REAL PROPERTY, OR A SPECIFIED21
PORTION THEREOF, WHICH IS THE SUBJECT OF THE PROCEEDING , AND BE22
AUTHORIZED TO TAKE POSSESSION OF AND USE SUCH PROPERTY .23
(b)  A
NY MOTION FILED BY ANY RESPONDENT AFFECTS , AND IS24
LIMITED IN APPLICATION TO, THE PROPERTY IN WHICH THE RESPONDENT25
HAS AN INTEREST.26
(c)  A
LL THE OWNERS OF RECORD OF PROPERTY SHALL JOIN IN ANY27
HB24-1172
-62- MOTION FILED BY ANY RESPONDENT UNDER THIS SECTION , UNLESS ONE OR1
MORE OF THE OWNERS OF RECORD CANNOT BY DUE DILIGENCE BE FOUND ,2
IN WHICH INSTANCE THIS FACT MUST BE STATED IN THE MOTION .3
(2)  T
HE MOTION DESCRIBED IN SUBSECTION (1) OF THIS SECTION,4
REFERRED TO IN THIS ARTICLE 7.5 AS THE "MOTION FOR VESTING", MUST5
SET FORTH:6
(a)  A
N ACCURATE DESCRIPTION OF THE PROPERTY TO WHICH THE7
MOTION RELATES AND THE ESTATE OR INTEREST SOUGHT TO BE ACQUIRED8
OR DIVESTED; BUT, IN ANY MOTION FOR VESTING FILED BY ANY9
RESPONDENT, THE INTEREST SOUGHT TO BE DIVESTED MUST BE THE10
INTEREST DESCRIBED IN THE PETITION IN EMINENT DOMAIN ;11
(b)  T
HE NAMES OF THE OWNERS OF RECORD OF THE PROPERTY12
DESCRIBED IN THE MOTION FOR VESTING ; AND13
(c)  T
HE DATE UPON WHICH IT IS REQUESTED THAT THE ESTATE OR14
INTEREST SOUGHT TO BE ACQUIRED OR DIVESTED VEST IN THE PETITIONER15
AND THE DATE UPON WHICH IT IS REQUESTED THAT THE PETITIONER BE16
ENTITLED TO POSSESSION AND USE OF THE SUBJECT PROPERTY .17
38-7.5-102.  Motion for vesting - procedure with respect18
thereto. (1) (a)  T
HE COURT SHALL SET A DATE , NOT LESS THAN19
TWENTY-ONE DAYS AFTER THE FILING OF A MOTION FOR VESTING, FOR THE20
HEARING THEREON, AND THE COURT SHALL REQUIRE AT LEAST FOURTEEN21
DAYS NOTICE TO BE GIVEN TO EACH PARTY TO THE PROCEEDING WHOSE22
INTERESTS WOULD BE AFFECTED BY THE TAKING REQUESTED .23
(b)  T
HE AVERMENTS IN THE MOTION AND THE NECESSITY FOR THE24
VESTING OF TITLE, OR SOME LESSER ESTATE , BEFORE THE FINAL25
DETERMINATION OF JUST COMPENSATION ARE DEEMED ADMITTED UNLESS26
SUCH AVERMENTS ARE CONTROVERTED IN A RESPONSIVE PLEADING FILED27
HB24-1172
-63- AT OR BEFORE THE HEARING ON THE MOTION FOR VESTING .1
(2)  A
T THE HEARING ON A MOTION FOR VESTING , IF THE2
AVERMENTS IN THE MOTION HAVE BEEN CONTROVERTED IN RESPONSIVE3
PLEADINGS FILED AT OR BEFORE THE HEARING AND IF THE COURT HAS NOT4
PREVIOUSLY, IN THE SAME PROCEEDING , DETERMINED THAT THE5
AVERMENTS ARE TRUE, THE COURT SHALL FIRST HEAR AND DETERMINE :6
(a)  T
HE AUTHORITY OF THE PETITIONER TO EXERCISE THE RIGHT OF7
EMINENT DOMAIN;8
(b)  W
HETHER THE PROPERTY DESCRIBED IN THE MOTION FOR9
VESTING IS SUBJECT TO THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN ;10
AND11
(c)  W
HETHER THE RIGHT OF EMINENT DOMAIN IS BEING PROPERLY12
EXERCISED IN THE PARTICULAR PROCEEDING .13
(3)  F
AILURE TO RAISE THE ISSUES ENUMERATED IN SUBSECTION (2)14
OF THIS SECTION, AT OR BEFORE THE HEARING ON THE MOTION FOR15
VESTING, CONSTITUTES A WAIVER INSOFAR AS THE ISSUES RELATE TO THE16
PROPERTY DESCRIBED IN THE MOTION FOR VESTING . THE COURT'S ORDER17
THEREON IS A FINAL ORDER, AND AN APPEAL MAY BE OBTAINED FOR THE18
REVIEW THEREOF BY EITHER PARTY WITHIN TWENTY -ONE DAYS AFTER THE19
ENTRY OF THE ORDER BUT NOT THEREAFTER UNLESS THE APPELLATE20
COURT, ON GOOD CAUSE SHOWN, EXTENDS THE TIME FOR OBTAINING AN21
APPEAL WITHIN TWENTY-ONE DAYS. APPELLATE REVIEW DOES NOT STAY22
THE OTHER PROCEEDINGS UNDER THIS ARTICLE 7.5 UNLESS THE APPEAL23
WAS OBTAINED BY THE PETITIONER OR UNLESS AN ORDER STAYING SUCH24
FURTHER PROCEEDINGS IS ENTERED BY THE APPELLATE COURT UPON A25
SHOWING OF IRREPARABLE INJURY .26
(4)  I
F THE ISSUES ENUMERATED UNDER SUBSECTION (2) OF THIS27
HB24-1172
-64- SECTION ARE DETERMINED IN FAVOR OF THE PETITIONER AND FURTHER1
PROCEEDINGS ARE NOT STAYED OR IF FURTHER PROCEEDINGS ARE STAYED2
AND THE APPEAL RESULTS IN A DETERMINATION IN FAVOR OF THE3
PETITIONER, THE COURT SHALL HEAR AND DETERMINE ALL MATTERS4
RAISED IN AND RELATING TO THE MOTION FOR VESTING. IF THE FOREGOING5
MATTERS ARE DETERMINED IN FAVOR OF THE PETITIONER , THE COURT6
SHALL APPOINT THREE DISINTERESTED COMMISSIONERS , WHO MUST BE7
FREEHOLDERS, TO ASSESS THE COMPENSATION TO WHICH THE8
RESPONDENTS NAMED IN THE MOTION FOR VESTING MAY BE ENTITLED BY9
REASON OF THE APPROPRIATION OF THE PETITIONER .10
(5) (a)  T
HE COMMISSIONERS, BEFORE ENTERING UPON THE DUTIES11
OF THEIR OFFICE, SHALL TAKE AN OATH TO FAITHFULLY AND IMPARTIALLY12
DISCHARGE THEIR DUTIES AS COMMISSIONERS . ANY ONE OF THE13
COMMISSIONERS MAY ADMINISTER OATHS TO WITNESSES PRODUCED14
BEFORE THEM.15
(b)  A
FTER TAKING THEIR OATH, THE COMMISSIONERS SHALL VIEW16
THE PROPERTY, HEAR TESTIMONY, AND CONSIDER EVIDENCE AS IS17
REASONABLY NECESSARY TO ENABLE THEM TO MAKE A PRELIMINARY18
FINDING OF AN AMOUNT CONSTITUTING JUST COMPENSATION FOR THE19
TAKING OF THE PROPERTY OF THE RESPONDENTS NAMED IN THE MOTION20
FOR VESTING.21
(c)  A
FTER MAKING A PRELIMINARY FINDING, THE COMMISSIONERS22
SHALL MAKE, SUBSCRIBE, AND FILE A CERTIFIED REPORT MEETING THE23
REQUIREMENTS OF SECTION 38-1-115 WITH THE CLERK OF THE COURT IN24
WHICH SUCH PROCEEDINGS OCCUR .25
(d)  U
PON THE MOTION OF THE PETITIONER FILED WITHIN FOURTEEN26
DAYS OF RECEIPT OF THE NOTICE PROVIDED FOR IN SECTION 38-7.5-103 (1),27
HB24-1172
-65- THE COURT SHALL REVIEW THE REPORT OF THE COMMISSIONERS , AND,1
UPON GOOD CAUSE SHOWN BY THE PETITIONER , THE COURT MAY ORDER A2
NEW REPORT BY THE SAME OR DIFFERENT COMMISSIONERS AND VOID THE3
REPORT OBJECTED TO. THE APPOINTMENT OF ANY NEW COMMISSIONERS4
AND THE PREPARATION OF THE NEW REPORT MUST BE DONE IN5
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE 7.5.6
(6)  A
 PRELIMINARY FINDING OF JUST COMPENSATION AND ANY7
DEPOSIT MADE OR SECURITY PROVIDED PURSUANT THERETO IS NOT8
EVIDENCE IN THE FURTHER PROCEEDINGS TO ASCERTAIN THE JUST9
COMPENSATION TO BE PAID AND MAY NOT BE DISCLOSED IN ANY MANNER10
TO A JURY IMPANELED IN SUCH PROCEEDINGS .11
38-7.5-103.  Vesting of title - procedure. (1)  W
HEN THE12
CERTIFIED REPORT OF THE COMMISSIONERS IS FILED WITH THE CLERK OF13
THE COURT, THE CLERK SHALL NOTIFY ALL PARTIES NAMED IN THE MOTION14
FOR VESTING OF THE FILING OF THE REPORT AND OF THE AMOUNT15
PRELIMINARILY FOUND TO CONSTITUTE JUST COMPENSATION .16
(2) (a)  W
ITHIN SEVEN DAYS OF RECEIPT OF THE NOTICE DESCRIBED17
IN SUBSECTION (1) OF THIS SECTION, THE PETITIONER SHALL DEPOSIT THE18
SUM OF MONEY PRELIMINARILY FOUND TO CONSTITUTE JUST19
COMPENSATION BY THE COMMISSIONERS TO THE COURT OR THE CLERK OF20
THE COURT FOR THE USE OF THE RESPONDENT NAMED IN THE MOTION FOR21
VESTING.22
(b)  I
F THE PETITIONER HAS FILED A MOTION FOR A NEW REPORT23
UNDER SECTION 38-7.5-102 (5) AND THE MOTION IS DENIED, THE DEPOSIT24
IS NOT DUE UNTIL SEVEN DAYS FOLLOWING THE COURT 'S RULING ON THE25
MOTION. IF THE MOTION IS GRANTED BY THE COURT , THE CLERK OF THE26
COURT SHALL PROVIDE A NEW NOTICE UPON RECEIPT OF THE NEW REPORT .27
HB24-1172
-66- (3) (a)  UPON PAYMENT TO THE COURT OR THE CLERK OF THE1
COURT OF THE SUM DESCRIBED IN SUBSECTION (2) OF THIS SECTION BY THE2
PETITIONER, THE COURT SHALL ENTER AN ORDER VESTING IN THE3
PETITIONER THE FEE SIMPLE TITLE, OR SUCH LESSER ESTATE, INTEREST, OR4
EASEMENT AS MAY BE REQUIRED, TO THE PROPERTY AS REQUESTED IN THE5
MOTION FOR VESTING ON SUCH DATE AS THE COURT CONSIDERS PROPER ,6
AND SHALL FIX A DATE ON WHICH THE PETITIONER IS AUTHORIZED TO TAKE7
POSSESSION OF AND TO USE THE PROPERTY . A CERTIFIED COPY OF THE8
ORDER MUST BE RECORDED AND INDEXED IN THE CLERK AND RECORDER 'S9
OFFICE OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED IN LIKE10
MANNER AND WITH LIKE EFFECT AS IF IT WERE A DEED OF CONVEYANCE11
FROM THE OWNERS AND PARTIES INTERESTED TO THE PROPER PARTIES .12
(b)  I
F THERE IS MORE THAN ONE PERSON INTERESTED AS OWNER OR13
OTHERWISE IN THE PROPERTY AND THEY ARE UNABLE TO AGREE UPON THE14
NATURE, EXTENT, OR VALUE OF THEIR RESPECTIVE INTERESTS IN THE15
TOTAL AMOUNT OF COMPENSATION SO ASCERTAINED AND ASSESSED ON AN16
UNDIVIDED BASIS, THE NATURE, EXTENT, OR VALUE OF SAID INTERESTS17
MUST BE DETERMINED ACCORDING TO LAW IN A SEPARATE AND18
SUBSEQUENT PROCEEDING AND DISTRIBUTION MADE AM ONG THE SEVERAL19
CLAIMANTS.20
(4)  A
T THE REQUEST OF ANY AFFECTED PARTY AND UPON A21
SHOWING OF UNDUE HARDSHIP OR OTHER GOOD CAUSE , THE PETITIONER'S22
AUTHORITY TO TAKE POSSESSION OF THE PROPERTY MUST BE POSTPONED23
FOR MORE THAN FOURTEEN DAYS AFTER THE DATE OF VESTING OF TITLE24
OR MORE THAN TWENTY-ONE DAYS AFTER THE ENTRY OF AN ORDER THAT25
DOES NOT VEST TITLE IN THE PETITIONER. IF POSTPONEMENT OCCURS, THE26
AFFECTED PARTY SHALL PAY TO THE PETITIONER A REASONABLE RENTAL27
HB24-1172
-67- FOR SUCH PROPERTY, THE AMOUNT THEREOF TO BE DETERMINED BY THE1
COURT.2
38-7.5-104.  Withdrawals from deposit. (1)  U
PON PROPER3
APPLICATION TO THE COURT OR BY STIPULATION BETWEEN THE PARTIES ,4
THE RESPONDENT MAY WITHDRAW FROM THE SUM DEPOSITED PURSUANT5
TO SECTION 38-7.5-103 (2) AN AMOUNT NOT TO EXCEED THREE -FOURTHS6
OF THE HIGHEST VALUATION EVIDENCED BY TESTIMONY PRESENTED BY7
THE PETITIONER TO THE COMMISSIONERS UNLESS THE PETITIONER AGREES8
TO A LARGER WITHDRAWAL . ALL PARTIES INTERESTED IN THE PROPERTY9
SOUGHT TO BE ACQUIRED ARE REQUIRED TO CONSENT AND AGREE TO ANY10
LARGER WITHDRAWAL .11
(2)  A
NY WITHDRAWAL OF A DEPOSIT IS A PARTIAL PAYMENT OF12
THE AMOUNT OF TOTAL COMPENSATION TO BE PAID AND MUST BE13
DEDUCTED BY THE CLERK OF THE COURT FROM ANY AWARD OR VERDICT14
ENTERED THEREAFTER.15
(3)  A
NY PARTY MAKING A WITHDRAWAL OF A DEPOSIT SHALL16
REFUND TO THE CLERK OF THE COURT , UPON THE ENTRY OF A PROPER17
COURT ORDER, ANY PORTION OF THE AMOUNT SO WITHDRAWN WHICH18
EXCEEDS THE AMOUNT FINALLY ASCERTAINED IN THE PROCEEDING TO BE19
JUST COMPENSATION OR DAMAGES , COSTS, OR EXPENSES OWING TO THE20
PARTY.21
38-7.5-105.  Construction of article. T
HE RIGHT TO TAKE22
POSSESSION AND TITLE BEFORE THE FINAL JUDGMENT AS PRESCRIBED IN23
THIS ARTICLE 7.5 IS IN ADDITION TO ANY OTHER RIGHT , POWER, OR24
AUTHORITY OTHERWISE CONFERRED BY LAW AND MAY NOT BE CONSTRUED25
AS ABROGATING, LIMITING, OR MODIFYING ANY SUCH OTHER RIGHT ,26
POWER, OR AUTHORITY , INCLUDING THE RIGHTS , POWERS, AND27
HB24-1172
-68- AUTHORITIES GRANTED IN ARTICLES 1 TO 7 OF THIS TITLE 38. SHOULD THE1
PROVISIONS OF THIS ARTICLE 7.5 BE INVOKED BY ANY PARTY, THE FINAL2
DETERMINATION OF THE AMOUNT CONSTITUTING JUST COMPENSATION3
MUST BE DETERMINED PURS UANT TO THE PROVISIONS OF ARTICLE 	1 OF4
THIS TITLE 38. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE5
7.5,
 A COUNTY REVITALIZATION AUTHORITY 'S EMINENT DOMAIN6
AUTHORITY SHALL NOT EXCEED THAT OF THE COUNTY WHERE THE7
AUTHORITY IS LOCATED.8
38-7.5-106.  Commissioners - other articles. N
OTHING IN THIS9
ARTICLE 7.5 PREVENTS A COMMISSIONER APPOINTED UNDER THIS ARTICLE10
7.5
 FROM BEING APPOINTED PURSUANT TO THE PROVISIONS OF ARTICLES11
1
 TO 7 OF THIS TITLE 38 IN THE SAME EMINENT DOMAIN PROCEEDING .12
N
OTHING IN THIS ARTICLE 7.5 PREVENTS THE APPOINTMENT OF A13
COMMISSIONER, FOR PURPOSES OF THIS ARTICLE 7.5, WHO HAS PREVIOUSLY14
BEEN APPOINTED IN THE SAME PROCEEDING UNDER THE PROVISIONS OF15
ARTICLE 1 OF THIS TITLE 38.16
38-7.5-107.  Interest. T
HE PETITIONER SHALL PAY INTEREST AS17
PROVIDED IN SECTION 38-1-116; EXCEPT THAT NO INTEREST IS ALLOWED18
ON THAT PORTION OF THE AWARD WHICH THE RESPONDENT RECEIVED OR19
COULD HAVE RECEIVED AS A PARTIAL PAYMENT BY WITHDRAWAL FROM20
THE SUM DEPOSITED BY THE PETITIONER PURSUANT TO SECTION21
38-7.5-103
 (2).22
SECTION 3. In Colorado Revised Statutes, amend 11-58-105 as23
follows:24
11-58-105.  Annual information report. Each issuer of nonrated25
public securities issued pursuant to sections 30-31-109 (11), 31-25-10726
(9), and 31-25-807 (3), C.R.S.,
 and title 32, C.R.S., shall make public27
HB24-1172
-69- within sixty days following the end of each of such issuer's fiscal year1
ending on or after December 31, 1991, an annual information report or2
reports with respect to any of such issuer's nonrated public securities3
which are outstanding as of the end of each such fiscal year. Nothing shall4
preclude PRECLUDES any issuer not so required by this article THIS5
ARTICLE 58 from filing a report pursuant to this article THIS ARTICLE 58.6
SECTION 4. In Colorado Revised Statutes, 22-54-112, amend7
(3) as follows:8
22-54-112.  Reports to the state board. (3) (a)  If the valuation9
for assessment for all or a part of any district has been divided for an10
urban renewal area, pursuant to section 31-25-107 (9)(a), C.R.S., any11
report under this section shall MUST be based upon that portion of the12
valuation for assessment under said section 31-25-107 (9)(a)(I), C.R.S.,13
so long as such THE division remains in effect.14
(b)  I
F THE VALUATION FOR ASSESSMENT FOR ALL OR A PART OF15
ANY DISTRICT HAS BEEN DIVIDED FOR A COUNTY REVITALIZATION AREA16
PURSUANT TO SECTION 30-31-109 (11)(a) ANY REPORT UNDER THIS17
SECTION MUST BE BASED UPON THAT PORTION OF THE VALUATION FOR18
ASSESSMENT UNDER SECTION 30-31-109 (11)(a)(I), SO LONG AS THE19
DIVISION REMAINS IN EFFECT.20
SECTION 5. In Colorado Revised Statutes, 24-46-303, amend21
(6) as follows:22
24-46-303.  Definitions. As used in this part 3, unless the context23
otherwise requires:24
(6)  "Financing entity" means the entity designated by the25
commission in connection with its approval of a regional tourism project26
to receive and utilize state sales tax increment revenue. A financing entity27
HB24-1172
-70- may be A COUNTY REVITALIZATION AUTHORITY CREATED PURSUANT TO1
ARTICLE 31 OF TITLE 30, a metropolitan district created pursuant to title2
32, C.R.S., an urban renewal authority created pursuant to part 1 of article3
25 of title 31, C.R.S., or any regional tourism authority to be formed4
pursuant to this part 3.5
SECTION 6. In Colorado Revised Statutes, 24-46-304, amend6
(2)(d) as follows:7
24-46-304.  Regional tourism project - application -8
requirements. (2)  A local government shall submit an application for a9
regional tourism project to the Colorado office of economic development10
in a form and manner to be determined by the commission. The office11
shall provide the commission with each application received after the12
director's review pursuant to section 24-46-305. The application shall13
include, but need not be limited to, the following:14
(d)  A discussion of each of the application criteria and how the15
project will meet each of the criteria, including an economic analysis16
detailing projected economic development, impact on future state sales17
tax revenue during and after the financing term, the number of new jobs18
to be created by the project by job category as defined by the Colorado19
department of labor and employment occupational employment statistics20
survey and the wages and, to the extent that it is reasonably possible,21
information on health benefits for jobs in each category, market impact,22
anticipated regional and in-state competition, the ability to attract23
out-of-state tourists, the fiscal impact to local governments within and24
adjacent to the regional tourism zone, an analysis of the impact to local25
school districts and an estimate of the percentage of total program that the26
state will become responsible to fund through the state's share of total27
HB24-1172
-71- program pursuant to section 22-54-106, C.R.S., in the event that IF THE1
COUNTY REVITALIZATION AUTHORITY OR an urban renewal authority is the2
financing entity for the regional tourism project and uses property tax3
revenue to finance the project, and any other information reasonably4
requested by the commission;5
SECTION 7. In Colorado Revised Statutes, 24-46-306, amend6
(3)(g) as follows:7
24-46-306.  Regional tourism authority - board - creation -8
powers and duties. (3)  Unless limited by the commission's conditions9
of approval, each authority shall have all of the powers necessary or10
convenient to carry out and effect the purposes and provisions of this part11
3, including but not limited to the following powers:12
(g)  To assign and pledge to any 
COUNTY REVITALIZATION13
AUTHORITY, metropolitan district, or urban renewal authority having all14
or any portion of the regional tourism zone within its boundaries or15
service area the authority's right to receive and utilize state sales tax16
increment revenue to support bonds or other financing instruments issued17
or entered into by the metropolitan district or urban renewal authority for18
eligible costs or to acquire eligible improvements, including but not19
limited to loans or funding and reimbursement agreements with20
developers involved in the regional tourism project or other third parties;21
SECTION 8. In Colorado Revised Statutes, 24-46-308, amend22
(4) as follows:23
24-46-308.  Annual report - audit. (4)  If the financing entity is24
a
 COUNTY REVITALIZATION AUTHORITY , A metropolitan district, or an25
urban renewal authority, it may comply with the requirements of this26
section by submitting to the commission a copy of the report that the27
HB24-1172
-72- metropolitan district or urban renewal authority is otherwise required to1
submit to a local government pursuant to law. Such copy shall MUST be2
delivered to the commission concurrently with the delivery of the annual3
report and audit when otherwise required by law.4
SECTION 9. In Colorado Revised Statutes, 24-68-102, amend5
the introductory portion and (2) as follows:6
24-68-102.  Definitions. As used in this article ARTICLE 68, unless7
the context otherwise requires:8
(2)  "Local government" means any county, city and county, city,9
or town, whether statutory or home rule, acting through its governing10
body or any board, commission, or agency thereof having final approval11
authority over a site specific development plan, including without12
limitation any legally empowered COUNTY REVITALIZATION AUTHORITY13
OR urban renewal authority.14
SECTION 10. In Colorado Revised Statutes, 29-25-108, amend15
(1)(c) as follows:16
29-25-108.  Board of directors - duties. (1) (c)  If more than17
one-half of the property located within the district is also located within18
A COUNTY REVITALIZATION AREA , an urban renewal area, a downtown19
development authority, or a general improvement district, the governing20
body may, at any time, provide by ordinance that the governing body of21
the 
COUNTY REVITALIZATION AUTHORITY , urban renewal authority,22
downtown development authority, or general improvement district shall23
constitute ex officio the board of directors of the district. In such event,24
the officers of such entity shall be
 ARE ex officio the officers of the board.25
A quorum of the board of directors of such entity shall constitute26
CONSTITUTES a quorum of the board.27
HB24-1172
-73- SECTION 11. In Colorado Revised Statutes, 31-30-1102, amend1
(7.5) as follows:2
31-30-1102.  Definitions. As used in this part 11, unless the3
context otherwise requires:4
(7.5)  "Previous net valuation" means an amount equal to the total5
valuation for assessment certified by the county assessor pursuant to6
section 39-5-128, C.R.S., and amended pursuant to section 39-1-111 (5),7
C.R.S., less the valuation for assessment that has been divided for THE8
COUNTY REVITALIZATION AREA PURSUANT TO SECTION 30-31-109 (11), an9
urban renewal area pursuant to section 31-25-107 (9), or for a downtown10
development authority pursuant to section 31-25-807 (3) for the property11
tax year in which the municipality or district made a contribution to the12
fund. If the total valuation for assessment certified by the county assessor,13
as amended, does not include the valuation for assessment that has been14
divided for an urban renewal area, such urban renewal valuation for15
assessment shall not be subtracted from the total valuation for assessment.16
SECTION 12. In Colorado Revised Statutes, 32-9-119.8, amend17
(1)(a.3) as follows:18
32-9-119.8.  Provision of retail and commercial goods and19
services at district transfer facilities - residential and other uses at20
district transfer facilities permitted - definitions. (1)  As used in this21
section, unless the context otherwise requires:22
(a.3)  "Public entity" includes, but is not limited to, a public body,23
as that term is defined in section 32-9-103 (11), and any other24
governmental entity, agency, or official, including 
A COUNTY25
REVITALIZATION AUTHORITY , an urban renewal authority, and the26
department of transportation.27
HB24-1172
-74- SECTION 13. In Colorado Revised Statutes, 32-11-104, amend1
(46)(a) as follows:2
32-11-104.  Definitions. As used in this article 11, unless the3
context otherwise requires:4
(46) (a)  "Public body" means the state of Colorado or any agency,5
instrumentality, or corporation thereof, or any county, municipality,6
corporate district, housing authority, 
COUNTY REVITALIZATION7
AUTHORITY, urban renewal authority, other type of authority, the regents8
of the university of Colorado, the state board for community colleges and9
occupational education, or any other body corporate and politic and10
political subdivision of the state.11
SECTION 14. In Colorado Revised Statutes, 38-1-101, amend12
(5)(b) as follows:13
38-1-101.  Compensation - public use - commission - jury -14
court - prohibition on elimination of nonconforming uses or15
nonconforming property design by amortization - limitation on16
extraterritorial condemnation by municipalities - definitions. (5)  For17
purposes of this section, unless the context otherwise requires:18
(b)  "Political subdivision" means a county; city and county; city;19
town; service authority; school district; local improvement district; law20
enforcement authority; 
COUNTY REVITALIZATION AUTHORITY ; urban21
renewal authority; city or county housing authority; water, sanitation, fire22
protection, metropolitan, irrigation, drainage, or other special district; or23
any other kind of municipal, quasi-municipal, or public corporation24
organized pursuant to law.25
SECTION 15. In Colorado Revised Statutes, 38-1-202, amend26
(1)(f)(XLI) and (1)(f)(XLII); and add (1)(f)(XLIII) as follows:27
HB24-1172
-75- 38-1-202.  Governmental entities, corporations, and persons1
authorized to use eminent domain. (1)  The following governmental2
entities, types of governmental entities, and public corporations, in3
accordance with all procedural and other requirements specified in this4
article 1 and articles 2 to 7 of this title 38 and to the extent and within any5
time frame specified in the applicable authorizing statute, may exercise6
the power of eminent domain:7
(f)  The following types of single purpose districts, special8
districts, authorities, boards, commissions, and other governmental9
entities that serve limited governmental purposes or that may exercise10
eminent domain for limited purposes:11
(XLI)  The front range passenger rail district created in section12
32-22-103 (1), as authorized in section 32-22-106 (1)(k); and13
(XLII)  The Colorado electric transmission authority created in14
section 40-42-103 (1) as authorized in section 40-42-104 (1)(p); 
AND15
(XLIII)  A
 COUNTY REVITALIZATION AUTHORITY CREATED16
PURSUANT TO SECTION 30-31-104 AND IN ACCORDANCE WITH THE VESTING17
REQUIREMENTS SPECIFIED IN ARTICLE 7 OF THIS TITLE 38;18
SECTION 16. In Colorado Revised Statutes, 39-1-111, amend19
(4) as follows:20
39-1-111.  Taxes levied by board of county commissioners.21
(4) (a)  If the valuation for assessment for all or any part of any body22
authorized to levy taxes has been divided for an urban renewal area,23
pursuant to section 31-25-107 (9)(a), C.R.S.,
 the board of county24
commissioners shall make the same levy on the portion of valuation for25
assessment divided under subparagraph (II) as under subparagraph (I) of26
said section 31-25-107 (9)(a), C.R.S., SECTION 31-25-107 (9)(a)(II) AS27
HB24-1172
-76- UNDER SECTION 31-25-107 (9)(a)(I) for payment of taxes according to the1
provisions of said SECTION 31-25-107 (9)(a), so long as said THE division2
remains in effect.3
(b)  I
F THE VALUATION FOR ASSESSMENT FOR ALL OR ANY PART OF4
ANY BODY AUTHORIZED TO LEVY TAXES HAS BEEN DIVIDED FOR A COUNTY5
REVITALIZATION AREA, PURSUANT TO SECTION 30-31-109 (11)(a), THE6
BOARD OF COUNTY COMMISSIONERS SHALL MAKE THE SAME LEVY ON THE7
PORTION OF VALUATION FOR ASSESSMENT DIVIDED UNDER SECTION8
30-31-109 (11)(a)(II) 
AS UNDER SECTION 30-31-109 (11)(a)(I) FOR9
PAYMENT OF TAXES ACCORDING TO THE PROVISIONS OF SECTION10
30-31-109 (11)(a), 
SO LONG AS THE DIVISION REMAINS IN EFFECT.11
SECTION 17. In Colorado Revised Statutes, 39-5-128, amend12
(3) as follows:13
39-5-128.  Certification of valuation for assessment. (3) (a)  If14
the valuation for assessment for all or part of any such political15
subdivision has been divided for an urban renewal area, pursuant to16
section 31-25-107 (9)(a), C.R.S.,
 any certification under this section shall17
MUST be based upon that portion of the valuation for assessment under18
subparagraph (I) of said section 31-25-107 (9)(a), C.R.S., SECTION19
31-25-107 (9)(a)(I) so long as such THE division remains in effect.20
(b)  I
F THE VALUATION FOR ASSESSMENT FOR ALL OR PART OF ANY21
SUCH POLITICAL SUBDIVISION HAS BEEN DIVIDED FOR A COUNTY22
REVITALIZATION AREA, PURSUANT TO SECTION 30-31-109 (11)(a), ANY23
CERTIFICATION UNDER THIS SECTION MUST BE BASED UPON THAT PORTION24
OF THE VALUATION FOR ASSESSMENT UNDER SECTION 30-31-10925
(11)(a)(I), 
SO LONG AS THE DIVISION REMAINS IN EFFECT.26
SECTION 18. In Colorado Revised Statutes, 39-5-132, amend27
HB24-1172
-77- (7) as follows:1
39-5-132.  Assessment and taxation of new construction.2
(7)  Nothing in this section shall be construed to affect AFFECTS tax3
increment financing as said financing is implemented pursuant to sections4
31-25-107 (9), 30-31-109 (11), and 31-25-807 (3), C.R.S., nor the5
distribution of specific ownership taxes pursuant to section 42-3-107 (24).6
C.R.S.7
SECTION 19. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly; except10
that, if a referendum petition is filed pursuant to section 1 (3) of article V11
of the state constitution against this act or an item, section, or part of this12
act within such period, then the act, item, section, or part will not take13
effect unless approved by the people at the general election to be held in14
November 2024 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
HB24-1172
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