Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
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
3rd Reading Unamended
March 11, 2024
HOUSE
Amended 2nd Reading
March 8, 2024
HOUSE SPONSORSHIP
Taggart and Bird, Amabile, Froelich, Lindsay, Snyder
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;
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
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
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
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
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
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
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 AT LEAST THIRTY DAYS BEFORE THE HEARING .27
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
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 REVITALIZATION
21
AUTHORITY.22
(B) I
F NO SPECIAL DISTRICT
APPOINTS AN AUTHORITY23
COMMISSIONER, THEN THE SPECIAL DISTRICT APPOINTMENT REMAINS24
VACANT UNTIL THE APPLICABLE APPOINTING AUTHORITY MAKES THE25
APPOINTMENT PURSUANT TO THIS SUBSECTION (2)(a).26
(III) I
F THE GOVERNING BODY APPOINTS AN EVEN NUMBER OF27
1172
-11- AUTHORITY COMMISSIONERS, THE GOVERNING BODY SHALL DESIGNATE AN1
AUTHORITY COMMISSIONER AS THE AUTHORITY COMMISSIONER WHO2
CASTS THE DECIDING VOTE IN THE CASE OF AN OTHERWISE TIE VOTE .3
(b) (I) A
UTHORITY COMMISSIONER TERMS ARE FOR FOUR YEARS ;4
EXCEPT THAT THE GOVERNING BODY SHALL ASSIGN TERMS OF FOUR YEARS5
OR FEWER FOR THE INITIAL AUTHORITY COMMISSIONERS SO THAT6
AUTHORITY COMMISSIONERS SERVE FOR STAGGERED TERMS .7
(II) T
HE GOVERNING BODY SHALL FILL AUTHORITY COMMISSIONER8
VACANCIES, OTHER THAN THOSE THAT OCCUR DUE TO THE EXPIRATION OF9
TERMS, FOR THE REMAINING UNEXPIRED TERM ; EXCEPT THAT A VACANCY10
OF THE SPECIAL DISTRICT -APPOINTED SEAT MUST BE FILLED BY11
AGREEMENT OF THE AFFECTED SPECIAL
DISTRICTS. 12
(III) A
N AUTHORITY COMMISSIONER HOLDS OFFICE UNTIL THE13
GOVERNING BODY APPOINTS THE AUTHORITY COMMISSIONER 'S QUALIFIED14
SUCCESSOR.15
(c) (I) T
HE GOVERNING BODY SHALL DESIGNATE THE CHAIRPERSON16
FOR THE FIRST YEAR OF THE AUTHORITY. WHEN THE OFFICE OF THE FIRST17
CHAIRPERSON OF THE AUTHORITY BECOMES VACANT AND ANNUALLY18
THEREAFTER, THE AUTHORITY SHALL SELECT A CHAIRPERSON AND19
VICE-CHAIRPERSON FROM AMONG ITS MEMBERS .20
(II) A
N AUTHORITY MAY EMPLOY A SECRETARY , AN EXECUTIVE21
DIRECTOR, TECHNICAL EXPERTS, AND SUCH OTHER OFFICERS, AGENTS, AND22
EMPLOYEES AS IT MAY REQUIRE AND SHALL DETERMINE THEIR23
QUALIFICATIONS, DUTIES, AND COMPENSATION.24
(III) A
N AUTHORITY MAY CALL UPON THE COUNTY ATTORNEY AND25
EMPLOY ITS OWN COUNSEL AND LEGAL STAFF FOR LEGAL SERVICES .26
(IV) A
N AUTHORITY MAY DELEGATE POWERS AND DUTIES TO ONE27
1172
-12- OR MORE OF ITS AGENTS OR EMPLOYEES AS IT DEEMS PROPER .1
(d) T
HE GOVERNING BODY SHALL FILE WITH THE COUNTY CLERK2
AND RECORDER A CERTIFICATE OF THE APPOINTMENT OR REAPPOINTMENT3
OF ANY AUTHORITY COMMISSIONER , AND THE CERTIFICATE IS CONCLUSIVE4
EVIDENCE OF THE DUE AND PROPER APPOINTMENT OF THE AUTHORITY5
COMMISSIONER.6
(e) A
N AUTHORITY COMMISSIONER RECEIVES NO COMPENSATION7
FOR SERVICES RENDERED, BUT IS ENTITLED TO REIMBURSEMENT FOR8
NECESSARY EXPENSES, INCLUDING TRAVELING EXPENSES , INCURRED IN9
THE DISCHARGE OF THE DUTIES DESCRIBED IN THIS ARTICLE 31.10
(f) A
MAJORITY OF THE AUTHORITY COMMISSIONERS CONSTITUTES11
A QUORUM.12
(3) (a) (I) U
PON APPOINTMENT AS AN AUTHORITY COMMISSIONER ,13
AN AUTHORITY COMMISSIONER SHALL FILE A CERTIFICATE WITH THE14
DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS15
SETTING FORTH THAT THE GOVERNING BODY , AFTER THE HEARING16
REQUIRED BY SUBSECTION (1)(b) OF THIS SECTION, MADE THE FINDINGS17
AND DECLARATION REQUIRED IN SUBSECTION (1)(c) OF THIS SECTION AND18
APPOINTED THE AUTHORITY COMMISSIONER .19
(II) U
PON AN AUTHORITY COMMISSIONER FILING SUCH A20
CERTIFICATE, THE AUTHORITY COMMISSIONER AND ANY SUCCESSOR21
CONSTITUTES THE COUNTY REVITALIZATION AUTHORITY , WHICH IS A BODY22
CORPORATE AND POLITIC.23
(b) I
N ANY SUIT, ACTION, OR PROCEEDING INVOLVING THE24
VALIDITY OR ENFORCEMENT OF ANY BOND , CONTRACT, MORTGAGE, TRUST25
INDENTURE, OR OTHER AGREEMENT OF THE AUTHORITY , THE AUTHORITY26
MUST BE CONCLUSIVELY DEEMED TO HAVE BEEN ESTABLISHED IN27
1172
-13- ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE 31 UPON PROOF OF1
THE FILING OF THE CERTIFICATE DESCRIBED IN THIS SUBSECTION (3). A2
COPY OF THE CERTIFICATE, DULY CERTIFIED BY THE DIRECTOR OF THE3
DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS ,4
IS ADMISSIBLE IN EVIDENCE IN ANY SUCH SUIT, ACTION, OR PROCEEDING.5
(4) (a) (I) N
EITHER ANY AUTHORITY COMMISSIONER , AUTHORITY6
OFFICER, OR EMPLOYEE OF AN AUTHORITY NOR ANY IMMEDIATE FAMILY7
MEMBER OF ANY SUCH AUTHORITY COMMISSIONER , OFFICER, OR8
EMPLOYEE MAY ACQUIRE ANY INTEREST , DIRECT OR INDIRECT, IN ANY9
COUNTY REVITALIZATION PROJECT OR IN ANY PROPERTY INCLUDED OR10
PLANNED TO BE INCLUDED IN ANY COUNTY REVITALIZATION PROJECT .11
(II) A
N AUTHORITY COMMISSIONER SHALL NOT HAVE ANY12
INTEREST, DIRECT OR INDIRECT, IN ANY CONTRACT OR PROPOSED13
CONTRACT FOR MATERIALS OR SERVICES TO BE FURNISHED OR USED IN14
CONNECTION WITH ANY COUNTY REVITALIZATION PROJECT .15
(b) (I) (A) I
F AN AUTHORITY COMMISSIONER, AUTHORITY OFFICER,16
OR EMPLOYEE OF AN AUTHORITY OWNS OR CONTROLS AN INTEREST ,17
DIRECT OR INDIRECT, IN ANY PROPERTY INCLUDED OR PLANNED TO BE18
INCLUDED IN THE COUNTY REVITALIZATION PROJECT , THE AUTHORITY19
COMMISSIONER SHALL IMMEDIATELY DISCLOSE THE INTEREST IN WRITING20
TO THE AUTHORITY. THE DISCLOSURE MUST BE ENTERED UPON THE21
MINUTES OF THE AUTHORITY.22
(B) U
PON A DISCLOSURE MADE PURSUANT TO SUBSECTION23
(4)(b)(I)(A)
OF THIS SECTION, THE AUTHORITY COMMISSIONER , OFFICER,24
OR OTHER EMPLOYEE SHALL NOT PARTICIPATE IN ANY ACTION BY THE25
AUTHORITY AFFECTING THE CARRYING OUT OF THE COUNTY26
REVITALIZATION PROJECT PLANNING OR THE UNDERTAKING OF THE27
1172
-14- PROJECT, UNLESS THE AUTHORITY DETERMINES THAT , NOTWITHSTANDING1
THE PERSONAL INTEREST , THE PARTICIPATION OF THE AUTHORITY2
COMMISSIONER, OFFICER, OR EMPLOYEE WOULD NOT BE CONTRARY TO THE3
PUBLIC INTEREST.4
(II) A
CQUISITION OR RETENTION OF ANY INTEREST DESCRIBED IN5
SUBSECTION (4)(b)(I)(A) OF THIS SECTION WITHOUT A DETERMINATION BY6
THE AUTHORITY THAT THE INTEREST IS NOT CONTRARY TO THE PUBLIC7
INTEREST OR WILLFUL FAILURE TO DISCLOSE ANY SUCH INTEREST8
CONSTITUTES MISCONDUCT IN OFFICE .9
(5) (a) T
HE GOVERNING BODY MAY REMOVE AN AUTHORITY10
COMMISSIONER FOR INEFFICIENCY OR NEGLECT OF DUTY OR MISCONDUCT11
IN OFFICE ONLY AFTER THE AUTHORITY COMMISSIONER HAS BEEN GIVEN12
A COPY OF THE CHARGES THAT THE GOVERNING BODY MADE AGAINST THE13
AUTHORITY COMMISSIONER AND THE AUTHORITY COMMISSIONER HAS HAD14
AN OPPORTUNITY TO BE HEARD IN PERSON OR THROUGH COUNSEL BEFORE15
THE GOVERNING BODY.16
(b) I
F ANY AUTHORITY COMMISSIONER IS REMOVED , THE17
GOVERNING BODY SHALL FILE A RECORD OF THE PROCEEDINGS , TOGETHER18
WITH THE CHARGES MADE AGAINST THE AUTHORITY COMMISSIONER AND19
ANY RELATED FINDINGS, IN THE OFFICE OF THE COUNTY CLERK AND20
RECORDER.21
(6) (a) A
NY TAXING ENTITY, OTHER THAN
A SCHOOL DISTRICT OR22
THE COUNTY, THAT LEVIES TAXES IN AN AREA THAT WOULD FALL UNDER23
THE COUNTY REVITALIZATION PLAN PROPOSED BY THE AUTHORITY MAY24
FILE A PETITION WITH THE AUTHORITY REQUESTING TO JOIN THE25
AUTHORITY.26
(b) W
ITHIN THIRTY DAYS OF RECEIVING THE NOTICE DESCRIBED IN27
1172
-15- SUBSECTION (6)(a) OF THIS SECTION, THE AUTHORITY SHALL HOLD A1
PUBLIC HEARING TO DETERMINE WHETHER THE TAXING ENTITY THAT FILED2
A PETITION SHOULD BE INCLUDED IN THE AUTHORITY .3
(c) T
HE INCREMENTAL PROPERTY TAX REVENUE OF A TAXING4
ENTITY THAT EITHER DOES NOT FILE A PETITION IN ACCORDANCE WITH5
SUBSECTION (6)(a) OF THIS SECTION OR THAT THE AUTHORITY DECIDES6
NOT TO INCLUDE IN THE AUTHORITY DURING A HEARING HELD IN7
ACCORDANCE WITH SUBSECTION (6)(b) OF THIS SECTION SHALL NOT BE8
ALLOCATED UNDER THE COUNTY REVITALIZATION PLAN PROPOSED BY THE9
AUTHORITY.10
30-31-105. Powers of an authority. (1) A
N AUTHORITY HAS ALL11
THE POWERS NECESSARY OR CONVENIENT TO CARRY OUT AND EFFECTUATE12
THE PURPOSES AND PROVISIONS OF THIS ARTICLE 31, INCLUDING THE13
POWER TO:14
(a) S
UE AND TO BE SUED;15
(b) A
DOPT AND ALTER A SEAL;16
(c) H
AVE PERPETUAL SUCCESSION;17
(d) M
AKE, AND FROM TIME TO TIME AMEND AND REPEAL , BYLAWS,18
ORDERS, RULES, AND REGULATIONS TO EFFECTUATE THE PROVISIONS OF19
THIS ARTICLE 31;20
(e) U
NDERTAKE COUNTY REVITALIZATION PROJECTS ;21
(f) M
AKE AND EXECUTE ANY AND ALL CONTRACTS AND OTHER22
INSTRUMENTS WHICH IT MAY DEEM NECESSARY OR CONVENIENT TO THE23
EXERCISE OF ITS POWERS UNDER THIS ARTICLE 31, INCLUDING CONTRACTS24
FOR ADVANCES, LOANS, GRANTS, AND CONTRIBUTIONS FROM THE FEDERAL25
GOVERNMENT OR ANY OTHER SOURCE ;26
(g) A
RRANGE FOR THE FURNISHING OR REPAIR BY ANY PERSON OR27
1172
-16- PUBLIC BODY OF SERVICES, PRIVILEGES, WORKS, STREETS, ROADS, PUBLIC1
UTILITIES, OR EDUCATIONAL OR OTHER FACILITIES FOR OR IN CONNECTION2
WITH A PROJECT OF THE AUTHORITY;3
(h) D
EDICATE PROPERTY ACQUIRED OR HELD BY THE AUTHORITY4
FOR PUBLIC WORKS, IMPROVEMENTS, FACILITIES, UTILITIES, AND OTHER5
PURPOSES;6
(i) A
GREE, IN CONNECTION WITH ANY OF THE AUTHORITY 'S7
CONTRACTS, TO ANY CONDITIONS THAT THE AUTHORITY DEEMS8
REASONABLE AND APPROPRIATE UNDER THIS ARTICLE 31, INCLUDING9
CONDITIONS ATTACHED TO FEDERAL FINANCIAL ASSISTANCE , AND TO10
INCLUDE IN ANY CONTRACT MADE OR LET IN CONNECTION WITH ANY11
PROJECT OF THE AUTHORITY PROVISIONS TO FULFILL SUCH CONDITIONS AS12
IT MAY DEEM REASONABLE AND APPROPRIATE ;13
(j) A
RRANGE WITH THE COUNTY OR OTHER RELEVANT PUBLIC14
BODY TO PLAN, REPLAN, ZONE, OR REZONE ANY PART OF THE AREA OF THE15
COUNTY OR OTHER PUBLIC BODY IN C ONNECTION WITH ANY PROJECT16
PROPOSED OR BEING UNDERTAKEN BY THE AUTHORITY UNDER THIS17
ARTICLE 31;18
(k) E
NTER, WITH THE CONSENT OF THE OWNER, ANY BUILDING OR19
PROPERTY IN ORDER TO MAKE SURVEYS OR APPRAISALS AND TO OBTAIN AN20
ORDER FOR THIS PURPOSE FROM A COURT OF COMPETENT JURISDICTION IF21
ENTRY IS DENIED OR RESISTED;22
(l) A
CQUIRE ANY PROPERTY BY PURCHASE , LEASE, OPTION, GIFT,23
GRANT, BEQUEST, DEVISE, OR OTHERWISE TO ACQUIRE ANY INTEREST IN24
PROPERTY BY CONDEMNATION , INCLUDING A FEE SIMPLE ABSOLUTE TITLE,25
IN THE MANNER PROVIDED BY THE LAWS OF THE STATE FOR THE EXERCISE26
OF THE POWER OF EMINENT DOMAIN BY ANY OTHER PUBLIC BODY .27
1172
-17- PROPERTY ALREADY DEVOTED TO A PUBLIC USE MAY BE ACQUIRED IN A1
LIKE MANNER; EXCEPT THAT NO PROPERTY BELONGING TO THE FEDERAL2
GOVERNMENT OR TO A PUBLIC BODY MAY BE ACQUIRED WITHOUT ITS3
CONSENT. ANY ACQUISITION OF ANY INTEREST IN PROPERTY BY4
CONDEMNATION BY AN AUTHORITY MUST BE APPROVED AS PART OF THE5
COUNTY REVITALIZATION PLAN OR THE SUBSTANTIAL MODIFICATION OF6
THE COUNTY REVITALIZATION PLAN , AS PROVIDED IN SECTION 30-31-109,7
MUST BE APPROVED BY A MAJORITY VOTE OF THE GOVERNING BODY IN8
WHICH THE PROPERTY IS LOCATED, AND MUST SATISFY THE REQUIREMENTS9
OF SECTION 30-31-106.10
(m) H
OLD, IMPROVE, CLEAR, OR PREPARE FOR REDEVELOPMENT11
ANY PROPERTY ACQUIRED BY CONDEMNATION BY AN AUTHORITY ;12
(n) M
ORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE13
ENCUMBER OR DISPOSE OF ITS PROPERTY ;14
(o) I
NSURE ANY PROPERTY OR OPERATIONS OF THE AUTHORITY15
AGAINST ANY RISKS OR HAZARDS ; EXCEPT THAT NO PROVISION OF ANY16
OTHER LAW WITH RESPECT TO THE PLANNING OR UNDERTAKING OF17
PROJECTS OR THE ACQUISITION, CLEARANCE, OR DISPOSITION OF PROPERTY18
BY PUBLIC BODIES MAY RESTRICT AN AUTHORITY FROM EXERCISING19
POWERS UNDER THIS ARTICLE 31 WITH RESPECT TO A PROJECT OF THE20
AUTHORITY UNLESS THE GENERAL ASSEMBLY SO STATES ;21
(p) (I) I
NVEST ANY OF THE AUTHORITY 'S MONEY NOT REQUIRED22
FOR IMMEDIATE DISBURSEMENT IN PROPERTY OR IN SECURITIES IN WHICH23
PUBLIC BODIES MAY LEGALLY INVEST MONEY SUBJECT TO THEIR CONTROL24
PURSUANT TO PART 6 OF ARTICLE 75 OF TITLE 24, AND TO REDEEM SUCH25
BONDS AS THE AUTHORITY HAS ISSUED AT THE REDEMPTION PRICE26
ESTABLISHED THEREIN OR TO PURCHASE SUCH BONDS AT LESS THAN27
1172
-18- REDEMPTION PRICE. ALL SUCH BONDS ISSUED BY AND THEN REDEEMED OR1
PURCHASED BY AN AUTHORITY ARE CANCELED .2
(II) D
EPOSIT ANY MONEY NOT REQUIRED FOR IMMEDIATE3
DISBURSEMENT IN ANY DEPOSITORY AUTHORIZED IN SECTION 24-75-603.4
F
OR THE PURPOSE OF MAKING SUCH DEPOSITS , THE AUTHORITY MAY5
APPOINT, BY WRITTEN RESOLUTION, ONE OR MORE PERSONS TO ACT AS6
CUSTODIANS OF THE MONEY OF THE AUTHORITY . SUCH PERSONS SHALL7
GIVE SURETY BONDS IN SUCH AMOUNTS AND FORM AND FOR SUCH8
PURPOSES AS THE AUTHORITY REQUIRES .9
(III) B
ORROW MONEY AND APPLY FOR AND ACCEPT ADVANCES ,10
LOANS, GRANTS, AND CONTRIBUTIONS FROM THE FEDERAL GOVERNMENT11
OR ANY OTHER SOURCE FOR ANY OF THE PURPOSES OF THIS ARTICLE 3112
AND TO GIVE SUCH SECURITY AS THE FEDERAL GOVERNMENT OR OTHER13
LENDER MAY REQUIRE;14
(IV) M
AKE APPROPRIATIONS AND EXPENDITURES OF ITS FUNDS ;15
AND16
(V) S
ET UP, ESTABLISH, AND MAINTAIN GENERAL, SEPARATE, OR17
SPECIAL FUNDS AND BANK ACCOUNTS OR OTHER ACCOUNTS AS IT DEEMS18
NECESSARY TO CARRY OUT THE PURPOSES OF THIS ARTICLE 31;19
(q) M
AKE AND SUBMIT, OR RESUBMIT TO THE GOVERNING BODY20
FOR APPROPRIATE ACTION , THE AUTHORITY'S PROPOSED PLANS AND21
MODIFICATIONS TO THOSE PLANS AS NECESSARY FOR THE CARRYING OUT22
OF THE PURPOSES OF THIS ARTICLE 31. SUCH PLANS MUST INCLUDE:23
(I) A
ROADMAP TO ASSIST THE COUNTY IN ITS PREPARATION OF A24
WORKABLE PROGRAM FOR UTILIZING APPROPRIATE PRIVATE AND PUBLIC25
RESOURCES TO TAKE ADVANTAGE OF REVITALIZATION AREAS , TO26
ENCOURAGE NEEDED COUNTY REVITALIZATION , TO PROVIDE FOR THE27
1172
-19- REDEVELOPMENT OF REVITALIZATION AREAS , OR TO UNDERTAKE SUCH1
ACTIVITIES AS MAY BE SUITABLY EMPLOYED TO ACHIEVE THE OBJECTIVES2
OF SUCH A WORKABLE PROGRAM , WHICH MAY INCLUDE PROVISIONS FOR :3
(A) T
HE REHABILITATION OR CONSERVATION OF REVITALIZATION4
AREAS OR PORTIONS OF THOSE AREAS BY REPLANNING , REMOVING5
CONGESTION, PROVIDING PUBLIC IMPROVEMENTS, AND ENCOURAGING THE6
REHABILITATION AND REPAIR OF DETERIORATED OR DETERIORATING7
STRUCTURES; AND8
(B) T
HE CLEARANCE AND REDEVELOPMENT OF REVITALIZATION9
AREAS OR PORTIONS OF THOSE AREAS ;10
(II) C
OUNTY REVITALIZATION PLANS;11
(III) P
LANS FOR THE RELOCATION OF THOSE INDIVIDUALS ,12
FAMILIES, AND BUSINESS CONCERNS SITUATED IN THE COUNTY13
REVITALIZATION AREA WHICH WILL BE DISPLACED BY THE COUNTY14
REVITALIZATION PROJECT. THESE RELOCATION PLANS MAY INCLUDE DATA15
SETTING FORTH A FEASIBLE METHOD FOR THE TEMPORARY RELOCATION OF16
SUCH INDIVIDUALS, FAMILIES, AND BUSINESS CONCERNS AND SHOWING17
THAT THERE WILL BE PROVIDED, IN THE COUNTY REVITALIZATION AREA OR18
IN OTHER AREAS NOT GENERALLY LESS DESIRABLE IN REGARD TO PUBLIC19
UTILITIES AND PUBLIC AND COMMERCIAL FACILITIES , AND AT RENTS OR20
PRICES WITHIN THE FINANCIAL MEANS OF SUCH INDIVIDUALS , FAMILIES,21
AND BUSINESS CONCERNS, DECENT, SAFE, AND SANITARY DWELLINGS AND22
COMMERCIAL SPACES EQUAL IN NUMBER TO AND AVAILABLE TO SUCH23
INDIVIDUALS, FAMILIES, AND BUSINESS CONCERNS AND REASONABLY24
ACCESSIBLE TO THEIR PLACES OF EMPLOYMENT OR BUSINESS .25
(IV) P
LANS FOR UNDERTAKING A PROGRAM OF VOLUNTARY REPAIR26
AND REHABILITATION OF BUILDINGS AND IMPROVEMENTS ;27
1172
-20- (V) PLANS FOR THE ENFORCEMENT OF STATE AND LOCAL LAWS ,1
CODES, AND REGULATIONS RELATING TO:2
(A) T
HE USE OF LAND;3
(B) T
HE USE AND OCCUPANCY OF BUILDINGS ;4
(C) B
UILDING IMPROVEMENTS; AND5
(D) T
HE REPAIR, REHABILITATION, DEMOLITION, OR REMOVAL OF6
BUILDINGS AND IMPROVEMENTS ; AND7
(VI) F
INANCING PLANS, MAPS, PLATS, APPRAISALS, TITLE8
SEARCHES, SURVEYS, STUDIES, AND OTHER PRELIMINARY PLANS AND9
WORK PERTINENT TO ANY PROPOSED PLANS OR MODIFICATIONS ;10
(r) M
AKE REASONABLE RELOCATION PAYMENTS TO OR WITH11
RESPECT TO INDIVIDUALS, FAMILIES, AND BUSINESS CONCERNS SITUATED12
IN THE COUNTY REVITALIZATION AREA THAT WILL BE DISPLACED AS13
PROVIDED IN SUBSECTION (1)(q)(III) OF THIS SECTION FOR MOVING14
EXPENSES AND ACTUAL DIRECT LOSSES OF PROPERTY INCLUDING , FOR15
BUSINESS CONCERNS , GOODWILL AND LOST PROFITS THAT ARE16
REASONABLY RELATED TO RELOCATION OF THE BUSINESS , RESULTING17
FROM THEIR DISPLACEMENT FOR WHICH REIMBURSEMENT OR18
COMPENSATION IS NOT OTHERWISE MADE , INCLUDING THE MAKING OF19
SUCH PAYMENTS FINANCED BY THE FEDERAL GOVERNMENT ;20
(s) D
EVELOP, TEST, AND REPORT METHODS AND TECHNIQUES FOR21
TAKING ADVANTAGE OF THE REVITALIZATION AREAS WITHIN THE COUNTY22
AND CARRY OUT DEMONSTRATIONS AND OTHER ACTIVITIES FOR TAKING23
ADVANTAGE OF THE REVITALIZATION AREAS ; AND24
(t) R
ENT OR PROVIDE BY OTHER MEANS , INCLUDING ACCEPTING25
THE USE OF SUITABLE QUARTERS FURNISHED BY THE RELEVANT COUNTY26
OR ANY OTHER PUBLIC BODY, SUITABLE QUARTERS FOR THE USE OF THE27
1172
-21- AUTHORITY AND EQUIP SUCH QUARTERS WITH FURNITURE , FURNISHINGS,1
EQUIPMENT, RECORDS, AND SUPPLIES AS THE AUTHORITY DEEMS2
NECESSARY TO ENABLE IT TO EXERCISE ITS POWERS UNDER THIS ARTICLE3
31.4
(2) N
O AUTHORITY HAS POWER TO LEVY OR ASSESS AD VALOREM5
TAXES, PERSONAL PROPERTY TAXES , OR ANY OTHER FORM OF TAXES6
INCLUDING SPECIAL ASSESSMENTS AGAINST ANY PROPERTY .7
(3) N
O MUNICIPALITY IS REQUIRED TO PROVIDE SERVICES WITHIN8
THE BOUNDARIES OF THE COUNTY REVITALIZATION
AREA OR TO PROVIDE9
OR EXPAND INFRASTRUCTURE OR FACILITIES TO SERVE A COUNTY10
REVITALIZATION PROJECT; EXCEPT THAT THE AUTHORITY OR COUNTY AND11
A MUNICIPALITY MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT12
REGARDING THE PROVISION OF SERVICES WITHIN THE BOUNDARIES OF THE13
COUNTY REVITALIZATION AREA OR TO PROVIDE OR EXPAND14
INFRASTRUCTURE OR FACILITIES TO SERVICE A COUNTY REVITALIZATION15
PROJECT.16
(4) NOTHING IN THIS ARTICLE 31 SHALL BE CONSTRUED TO AFFECT17
THE AUTHORITY OF A MUNICIPALITY TO REGULATE AND PLAN FOR THE USE18
OF LAND OR AFFECT ANY AGREEMENT BETWEEN A MUNICIPALITY AND A19
LANDOWNER OR PUBLIC BODY RELATING TO THE USE OR DEVELOPMENT OF20
LAND.21
30-31-106. Acquisition of private property by eminent domain22
by authority for subsequent transfer to private party - restrictions -23
exceptions - right of civil action - damages - definitions.24
(1) (a) E
XCEPT AS PROVIDED IN THIS SUBSECTION (1) OR SUBSECTION (2)25
OF THIS SECTION, PRIVATE PROPERTY ACQUIRED BY EMINENT DOMAIN BY26
AN AUTHORITY PURSUANT TO SECTION 30-31-105 (1)(l) SHALL NOT LATER27
1172
-22- BE TRANSFERRED TO A PRIVATE PARTY UNLESS :1
(I) T
HE OWNER OF THE PROPERTY CONSENTS IN WRITING TO2
ACQUISITION OF THE PROPERTY BY EMINENT DOMAIN BY THE AUTHORITY ;3
(II) T
HE AUTHORITY DETERMINES THAT THE PROPERTY IS NO4
LONGER NECESSARY FOR THE PURPOSE FOR WHICH THE AUTHORITY5
ORIGINALLY ACQUIRED THE PROPERTY , AND THE AUTHORITY FIRST OFFERS6
TO SELL THE PROPERTY TO THE OWNER FROM WHICH THE AUTHORITY7
ACQUIRED THE PROPERTY, IF THE OWNER CAN BE LOCATED , AT A PRICE8
NOT MORE THAN THAT PAID BY THE AUTHORITY , AND THE OWNER OF THE9
PROPERTY DECLINES THE AUTHORITY 'S OFFER;10
(III) T
HE PROPERTY ACQUIRED BY THE AUTHORITY IS ABANDONED ;11
OR12
(IV) T
HE OWNER OF THE PROPERTY REQUESTS OR PLEADS IN AN13
EMINENT DOMAIN ACTION THAT THE AUTHORITY ACQUIRING THE14
PROPERTY ALSO ACQUIRE PROPERTY THAT IS NOT ESSENTIAL TO THE15
PURPOSE OF THE AUTHORITY 'S ACQUISITION ON THE BASIS THAT16
ACQUIRING LESS PROPERTY WOULD LEAVE THE OWNER OF THE PROPERTY17
HOLDING AN UNECONOMIC REMNANT .18
(b) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,19
A TRANSFER THAT SATISFIES THE REQUIREMENTS OF THIS SUBSECTION (1)20
IS NOT SUBJECT TO THE PROVISIONS OF SUBSECTION (2), (3), OR (4) OF THIS21
SECTION.22
(2) (a) I
F A PROPOSED TRANSFER OF PRIVATE PROPERTY ACQUIRED23
BY AN AUTHORITY BY EMINENT DOMAIN DOES NOT SATISFY ONE OF THE24
REQUIREMENTS SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION, SUCH25
PROPERTY MAY LATER BE TRANSFERRED TO A PRIVATE PARTY ONLY AFTER26
THE FOLLOWING CONDITIONS ARE SATISFIED :27
1172
-23- (I) THE GOVERNING BODY MAKES A DETERMINATION THAT THE1
PROPERTY IS LOCATED IN A REVITALIZATION AREA AND THAT THE COUNTY2
REVITALIZATION PROJECT FOR WHICH THE PROPERTY WAS BEING3
ACQUIRED WILL COMMENCE NO LATER THAN SEVEN YEARS FROM THE DATE4
THE GOVERNING BODY MADE THE REVITALIZATION AREA DETERMINATION .5
F
OR PURPOSES OF THIS SUBSECTION (2)(a)(I), THE GOVERNING BODY'S6
DETERMINATION OF WHETHER A PARTICULAR AREA OR PROPERTY IS A7
REVITALIZATION AREA MUST BE BASED UPON INFORMATION THAT IS8
REASONABLY CURRENT WHEN THE GOVERNING BODY MAKES THE9
DETERMINATION.10
(II) N
OT LATER THAN THE COMMENCEMENT OF THE NEGOTIATION11
OF AN AGREEMENT FOR THE REDEVELOPMENT OR REHABILITATION OF12
PROPERTY ACQUIRED OR TO BE ACQUIRED BY EMINENT DOMAIN , THE13
AUTHORITY PROVIDES NOTICE AND INVITES PROPOSALS FOR14
REDEVELOPMENT OR REHABILITATION FROM ALL PROPERTY OWNERS ,15
RESIDENTS, AND OWNERS OF BUSINESS CONCERNS LOCATED ON THE16
PROPERTY ACQUIRED OR TO BE ACQUIRED BY EMINENT DOMAIN IN THE17
COUNTY REVITALIZATION AREA BY MAILING NOTICE TO THEIR LAST18
KNOWN ADDRESS OF RECORD . THE AUTHORITY MAY, AT THE SAME TIME,19
INVITE PROPOSALS FOR REDEVELOPMENT OR REHABILITATION FROM20
OWNERS OF BUSINESS CONCERNS , OTHER INTERESTED PERSONS WHO MAY21
NOT BE PROPERTY OWNERS , OR RESIDENTS WITHIN THE COUNTY22
REVITALIZATION AREA AND MAY PROVIDE PUBLIC NOTICE THEREOF BY23
PUBLICATION IN A NEWSPAPER HAVING A GENERAL CIRCULATION WITHIN24
THE COUNTY IN WHICH THE AUTHORITY HAS BEEN ESTABLISHED .25
(III) I
N THE CASE OF A SET OF PARCELS TO BE ACQUIRED BY THE26
AUTHORITY IN CONNECTION WITH THE COUNTY REVITALIZATION PROJECT ,27
1172
-24- AT LEAST ONE OF WHICH PARCELS IS OWNED BY AN OWNER REFUSING OR1
REJECTING AN AGREEMENT FOR THE ACQUISITION OF THE ENTIRE SET OF2
PARCELS, THE AUTHORITY MAKES A DETERMINATION THAT THE3
REDEVELOPMENT OR REHABILITATION OF THE REMAINING PARCELS IS NOT4
VIABLE UNDER THE COUNTY REVITALIZATION PLAN WITHOUT THE PARCEL5
AT ISSUE.6
(b) (I) A
NY OWNER OF PROPERTY LOCATED WITHIN THE COUNTY7
REVITALIZATION AREA MAY CHALLENGE THE DETERMINATION OF A8
REVITALIZATION AREA MADE BY THE GOVERNING BODY PURSUANT TO9
SUBSECTION (2)(a)(I) OF THIS SECTION BY FILING, NOT LATER THAN THIRTY10
DAYS AFTER THE DETERMINATION , A CIVIL ACTION IN DISTRICT COURT11
PURSUANT TO C.R.C.P. 106 (a)(4) FOR JUDICIAL REVIEW OF THE EXERCISE12
OF DISCRETION ON THE PART OF THE GOVERNING BODY IN MAKING THE13
DETERMINATION. ANY SUCH ACTION MUST BE GOVERNED IN ACCOR DANCE14
WITH THE PROCEDURES AND OTHER REQUIREMENTS SPECIFIED IN C.R.C.P.15
106 (a)(4);
EXCEPT THAT THE GOVERNING BODY HAS THE BURDEN OF16
PROVING THAT, IN MAKING ITS REVITALIZATION AREA DETERMINATION , IT17
NEITHER EXCEEDED ITS JURISDICTION NOR ABUSED ITS DISCRETION .18
(II) I
F THE OWNER IS THE PREVAILING PARTY ON A CHALLENGE19
BROUGHT PURSUANT TO THIS SUBSECTION (2)(b), AN AUTHORITY SEEKING20
TO ACQUIRE PROPERTY BY EMINENT DOMAIN IN ACCORDANCE WITH THE21
REQUIREMENTS OF THIS SUBSECTION (2) SHALL REIMBURSE THE OWNER OF22
THE PROPERTY FOR REASONABLE ATTORNEY FEES INCURRED BY THE23
OWNER IN CONNECTION WITH THE ACQUISITION .24
(c) N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , ANY25
DETERMINATION MADE BY THE GOVERNING BODY PURSUANT TO26
SUBSECTION (2)(a) OF THIS SECTION IS A LEGISLATIVE DETERMINATION27
1172
-25- AND NOT A QUASI-JUDICIAL DETERMINATION.1
(d) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE2
31,
AN AUTHORITY'S EMINENT DOMAIN AUTHORITY SHALL NOT EXCEED3
THAT OF THE COUNTY WHERE THE AUTHORITY IS LOCATED .4
(3) (a) (I) A
NY AUTHORITY THAT EXERCISES THE POWER OF5
EMINENT DOMAIN TO TRANSFER ACQUIRED PROPERTY TO ANOTHER6
PRIVATE PARTY AS AUTHORIZED IN ACCORDANCE WITH THE7
REQUIREMENTS OF THIS SECTION SHALL ADOPT RELOCATION ASSISTANCE8
AND LAND ACQUISITION POLICIES TO BENEFIT DISPLACED PERSONS THAT9
ARE CONSISTENT WITH THOSE SET FORTH IN ARTICLE 56 OF TITLE 24 TO10
THE EXTENT APPLICABLE TO THE FACTS OF EACH SPECIFIC PROPERTY AND11
AT THE TIME OF THE RELOCATION OF THE OWNER OR THE OCCUPANT . AN12
AUTHORITY SHALL PROVIDE COMPENSATION OR OTHER FORMS OF13
ASSISTANCE TO ANY DISPLACED PERSON IN ACCORDANCE WITH THE14
ADOPTED POLICIES.15
(II) I
N THE CASE OF A BUSINESS CONCERN DISPLACED BY THE16
ACQUISITION OF PROPERTY BY EMINENT DOMAIN , THE AUTHORITY SHALL17
MAKE A BUSINESS INTERRUPTION PAYMENT TO THE BUSINESS CONCERN18
NOT TO EXCEED THE LESSER OF TEN THOUSAND DOLLARS OR ONE -FOURTH19
OF THE AVERAGE ANNUAL TAXABLE INCOME SHOWN ON THE THREE MOST20
RECENT FEDERAL INCOME TAX RETURNS OF THE BUSINESS CONCERN .21
(b) I
N ANY CASE WHERE THE ACQUISITION OF PROPERTY BY22
EMINENT DOMAIN BY AN AUTHORITY DISPLACES INDIVIDUALS , FAMILIES,23
OR BUSINESS CONCERNS, THE AUTHORITY SHALL MAKE REASONABLE24
EFFORTS TO RELOCATE THOSE INDIVIDUALS , FAMILIES, OR BUSINESS25
CONCERNS WITHIN THE COUNTY REVITALIZATION AREA . THIS RELOCATION26
MUST BE CONSISTENT WITH THE USES PROVIDED IN THE COUNTY27
1172
-26- REVITALIZATION PLAN OR IN AREAS WITHIN REASONABLE PROXIMITY TO ,1
OR COMPARABLE TO, THE ORIGINAL LOCATION OF SUCH INDIVIDUALS ,2
FAMILIES, OR BUSINESS CONCERNS.3
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
REQUIRES, "PRIVATE PROPERTY" OR "PROPERTY" MEANS, AS APPLIED TO5
REAL PROPERTY, ONLY A FEE OWNERSHIP INTEREST.6
30-31-107. Condemnation actions by authorities - effect of7
other provisions. N
OTWITHSTANDING ANY OTHER PROVISION OF LAW ,8
ANY CONDEMNATION ACTION COMMENCED BY AN AUTHORITY MUST9
SATISFY THE REQUIREMENTS OF SECTION 38-1-101. TO THE EXTENT THAT10
THERE IS ANY CONFLICT BETWEEN THIS ARTICLE 31 AND SECTION11
38-1-101,
SECTION 38-1-101 CONTROLS.12
30-31-108. Disposal of property in county revitalization area.13
(1) (a) A
N AUTHORITY MAY SELL, LEASE, OR OTHERWISE TRANSFER REAL14
PROPERTY OR ANY INTEREST THEREIN ACQUIRED BY THE AUTHORITY AS15
PART OF THE COUNTY REVITALIZATION PROJECT FOR RESIDENTIAL ,16
RECREATIONAL, COMMERCIAL, INDUSTRIAL, OR OTHER USES, OR FOR17
PUBLIC USE IN ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN ,18
SUBJECT TO SUCH COVENANTS , CONDITIONS, AND RESTRICTIONS,19
INCLUDING COVENANTS RUNNING WITH THE L AND AND THE20
INCORPORATION BY REFERENCE OF THE PROVISIONS OF THE COUNTY21
REVITALIZATION PLAN OR ANY PART THEREOF AS THE AUTHORITY DEEMS22
TO BE IN THE PUBLIC INTEREST OR NECESSARY TO CARRY OUT THE23
PURPOSES OF THIS ARTICLE 31.24
(b) T
HE PURCHASERS, LESSEES, TRANSFEREES, AND THEIR25
SUCCESSORS AND ASSIGNEES DESCRIBED IN THIS SUBSECTION (1) ARE26
OBLIGATED TO DEVOTE THE REAL PROPERTY DESCRIBED IN THIS27
1172
-27- SUBSECTION (1) ONLY TO THE LAND USES , DESIGNS, BUILDING1
REQUIREMENTS, TIMING, OR PROCEDURES SPECIFIED IN THE COUNTY2
REVITALIZATION PLAN AND MAY BE OBLIGATED TO COMPLY WITH OTHER3
REQUIREMENTS THAT THE AUTHORITY DETERMINES ARE IN THE PUBLIC4
INTEREST, INCLUDING THE OBLIGATION TO BEGIN ANY IMPROVEMENTS ON5
SUCH REAL PROPERTY THAT ARE REQUIRED BY THE COUNTY6
REVITALIZATION PLAN WITHIN A REASONABLE TIME .7
(c) (I) T
HE REAL PROPERTY OR INTEREST DESCRIBED IN8
SUBSECTION (1)(a) OF THIS SECTION MUST BE SOLD , LEASED, OR9
OTHERWISE TRANSFERRED AT NOT LESS THAN ITS FAIR VALUE AS10
DETERMINED BY THE AUTHORITY FOR USES IN ACCORDANCE WITH THE11
COUNTY REVITALIZATION PLAN .12
(II) I
N DETERMINING THE FAIR VALUE OF REAL PROPERTY FOR USES13
IN ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN , AN AUTHORITY14
SHALL TAKE INTO ACCOUNT:15
(A) T
HE USES PROVIDED IN THE COUNTY REVITALIZATION PLAN ;16
(B) T
HE RESTRICTIONS UPON AND THE COVENANTS , CONDITIONS,17
AND OBLIGATIONS ASSUMED BY THE PURCHASER OR LESSEE ; AND18
(C) T
HE OBJECTIVES OF THE COUNTY REVITALIZATION PLAN IN19
RELATION TO TAKING ADVANTAGE OF REVITALIZATION AREAS .20
(d) (I) R
EAL PROPERTY ACQUIRED BY AN AUTHORITY WHICH , IN21
ACCORDANCE WITH THE PROVISIONS OF THE COUNTY REVITALIZATION22
PLAN, IS TO BE TRANSFERRED MUST BE TRANSFERRED AS RAPIDLY AS23
FEASIBLE IN THE PUBLIC INTEREST CONSISTENT WITH THE COUNTY24
REVITALIZATION PLAN.25
(II) A
NY CONTRACT FOR THE TRANSFER OF REAL PROPERTY26
DESCRIBED IN THIS SECTION AND THE COUNTY REVITALIZATION PLAN , OR27
1172
-28- ANY PART OF THE CONTRACT OR PLAN AS THE AUTHORITY MAY1
DETERMINE, MAY BE RECORDED IN THE LAND RECORDS OF THE COUNTY IN2
SUCH MANNER AS TO AFFORD ACTUAL OR CONSTRUCTIVE NOTICE .3
(2) (a) A
N AUTHORITY SHALL ONLY DISPOSE OF REAL PROPERTY IN4
THE COUNTY REVITALIZATION AREA TO PRIVATE PERSONS UNDER SUCH5
REASONABLE COMPETITIVE BIDDING PROCEDURES AS THE AUTHORITY6
PRESCRIBES OR AS PROVIDED IN THIS SUBSECTION (2).7
(b) (I) A
N AUTHORITY, BY PUBLIC NOTICE BY PUBLICATION ONCE8
EACH WEEK FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER HAVING A9
GENERAL CIRCULATION IN THE COUNTY , BEFORE THE EXECUTION OF ANY10
CONTRACT TO SELL, LEASE, OR OTHERWISE TRANSFER REAL PROPERTY ,11
AND BEFORE THE DELIVERY OF ANY INSTRUMENT OF CONVEYANCE12
PURSUANT TO THIS SECTION, MAY INVITE PROPOSALS FROM AND MAKE13
AVAILABLE ALL PERTINENT INFORMATION TO ANY PERSON INTERESTED IN14
UNDERTAKING THE REDEVELOPMENT OR REHABILITATION OF THE COUNTY15
REVITALIZATION AREA OR ANY PART THEREOF .16
(II) N
OTICE GIVEN IN ACCORDANCE WITH THIS SUBSECTION (2)(b)17
MUST IDENTIFY THE RELEVANT PORTION OF THE AREA AND MUST STATE18
THAT SUCH FURTHER INFORMATION AS IS AVAILABLE MAY BE OBTAINED19
AT THE OFFICE DESIGNATED IN THE NOTICE.20
(c) A
N AUTHORITY SHALL CONSIDER ALL REDEVELOPMENT OR21
REHABILITATION PROPOSALS RECEIVED IN ACCORDANCE WITH SUBSECTION22
(2)(b)
OF THIS SECTION AND THE FINANCIAL AND LEGAL ABILITY OF THE23
PERSONS MAKING THE PROPOSALS TO CARRY THEM OUT AND MAY24
NEGOTIATE WITH ANY PERSONS FOR PROPOSALS FOR THE PURCHASE ,25
LEASE, OR OTHER TRANSFER OF ANY REAL PROPERTY ACQUIRED BY THE26
AUTHORITY IN THE COUNTY REVITALIZATION AREA .27
1172
-29- (d) AN AUTHORITY MAY ACCEPT SUCH PROPOSALS AS IT DEEMS TO1
BE IN THE PUBLIC INTEREST AND IN FURTHERANCE OF THE PURPOSES OF2
THIS ARTICLE 31.3
(e) A
N AUTHORITY SHALL FILE A NOTIFICATION OF INTENTION TO4
ACCEPT A PROPOSAL WITH THE GOVERNING BODY NOT LESS THAN FIFTEEN5
DAYS BEFORE ANY SUCH ACCEPTANCE . THEREAFTER, THE AUTHORITY MAY6
EXECUTE THE PROPOSAL IN ACCORDANCE WITH THE PROVISIONS OF7
SUBSECTION (1) OF THIS SECTION AND DELIVER DEEDS , LEASES, AND8
OTHER INSTRUMENTS AND TAKE ALL STEPS NECESSARY TO EFFECTUATE9
THE PROPOSAL.10
(3) A
N AUTHORITY MAY TEMPORARILY OPERATE AND MAINTAIN11
REAL PROPERTY ACQUIRED IN THE COUNTY REVITALIZATION AREA12
PENDING THE DISPOSITION OF THE PROPERTY FOR REDEVELOPMENT13
WITHOUT REGARD TO THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION14
FOR SUCH USES AND PURPOSES AS IT DEEMS DESIRABLE EVEN IF THOSE15
USES AND PURPOSES ARE NOT IN CONFORMITY WITH THE COUNTY16
REVITALIZATION PLAN.17
(4) N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, AN18
AUTHORITY MAY SET ASIDE , DEDICATE, AND DEVOTE PROJECT REAL19
PROPERTY TO PUBLIC USES IN ACCORDANCE WITH THE COUNTY20
REVITALIZATION PLAN OR SET ASIDE , DEDICATE, AND TRANSFER REAL21
PROPERTY TO THE COUNTY OR TO ANY OTHER APPROPRIATE PUBLIC BODY22
FOR PUBLIC USES IN ACCORDANCE WITH THE COUNTY REVITALIZATION23
PLAN WITH OR WITHOUT COMPENSATION FOR SUCH PROPERTY , WITH OR24
WITHOUT REGARD TO THE FAIR VALUE OF SUCH PROPERTY AS DETERMINED25
IN SUBSECTION (1) OF THIS SECTION, AND UPON OR SUBJECT TO SUCH26
TERMS, CONDITIONS, COVENANTS, RESTRICTIONS, OR LIMITATIONS AS THE27
1172
-30- AUTHORITY DEEMS TO BE IN THE PUBLIC INTEREST AND AS ARE1
CONSISTENT WITH THE PURPOSES AND OBJECTIVES AND THE OTHER2
APPLICABLE PROVISIONS OF THIS ARTICLE 31.3
30-31-109. Approval of county revitalization plans by local4
governing body - definitions. (1) (a) A
N AUTHORITY MAY NOT5
UNDERTAKE THE COUNTY REVITALIZATION PROJECT FOR THE COUNTY6
REVITALIZATION AREA UNLESS , BASED ON EVIDENCE PRESENTED AT A7
PUBLIC HEARING, THE GOVERNING BODY HAS DETERMINED BY RESOLUTION8
THAT THE AREA IS A REVITALIZATION AREA AND HAS DESIGNATED THE9
AREA AS APPROPRIATE FOR A COUNTY REVITALIZATION PROJECT .10
(b) (I) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE11
31,
WITHIN THIRTY DAYS OF COMMISSIONING A STUDY TO DETERMINE12
WHETHER AN AREA IS A REVITALIZATION AREA IN ACCORDANCE WITH THE13
REQUIREMENTS OF SUBSECTION (1)(a) OF THIS SECTION, THE AUTHORITY14
SHALL PROVIDE NOTICE TO ANY OWNER OF PRIVATE PROPERTY LOCATED15
IN THE AREA THAT IS THE SUBJECT OF THE STUDY BY MAILING NOTICE TO16
THE OWNER BY REGULAR MAIL AT THE LAST -KNOWN ADDRESS OF
RECORD17
AND TO ANY MUNICIPALITY WITHIN THREE MILES OF THE PROPOSED AREA.18
T
HE NOTICE MUST STATE THAT THE AUTHORITY IS COMMENCING A STUDY19
NECESSARY FOR MAKING A DETERMINATION AS TO WHETHER THE AREA IN20
WHICH THE OWNER OWNS PROPERTY IS A REVITALIZATION AREA . WITHIN21
SEVEN DAYS OF MAKING SUCH DETERMINATION , THE AUTHORITY OR THE22
COUNTY, AS APPLICABLE, SHALL ALSO PROVIDE NOTICE OF THE23
DETERMINATION TO ANY OWNER OF PRIVATE PROPERTY LOCATED IN THE24
AREA THAT IS THE SUBJECT OF THE STUDY BY MAILING NOTICE TO THE25
OWNER BY REGULAR MAIL AT THE LAST -KNOWN ADDRESS OF RECORD .26
(II) A
S USED IN THIS SUBSECTION (1)(b), "PRIVATE PROPERTY"27
1172
-31- MEANS, AS APPLIED TO REAL PROPERTY, ONLY A FEE OWNERSHIP INTEREST.1
(c) (I) T
HE BOUNDARIES OF AN AREA THAT THE GOVERNING BODY2
DETERMINES TO BE A REVITALIZATION AREA MUST BE DRAWN AS3
NARROWLY AS THE GOVERNING BODY DETERMINES FEASIBLE TO4
ACCOMPLISH THE PLANNING AND DEVELOPMENT OBJECTIVES OF THE5
PROPOSED COUNTY REVITALIZATION PLAN . THE GOVERNING BODY SHALL6
NOT APPROVE THE COUNTY REVITALIZATION PLAN UNTIL A GENERAL PLAN7
FOR THE COUNTY HAS BEEN PREPARED . IN MAKING THE DETERMINATION8
AS TO WHETHER A PARTICULAR AREA IS A REVITALIZATION AREA9
PURSUANT TO THE PROVISIONS OF THIS ARTICLE 31, ANY PARTICULAR10
CONDITION FOUND TO BE PRESENT MAY SATISFY AS MANY OF THE FACTORS11
REFERENCED IN SECTION 30-31-103 (14) AS ARE APPLICABLE TO THE12
CONDITION.13
(II) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE14
31,
NO COUNTY REVITALIZATION AREA MAY CONTAIN ANY AGRICULTURAL15
LAND UNLESS:16
(A) T
HE AGRICULTURAL LAND IS A BROWNFIELD SITE ;17
(B) N
OT LESS THAN ONE-HALF OF THE COUNTY REVITALIZATION18
AREA AS A WHOLE CONSISTS OF PARCELS OF LAND CONTAINING19
URBAN-LEVEL DEVELOPMENT THAT , AT THE TIME OF THE DESIGNATION OF20
SUCH AREA, THE GOVERNING BODY DETERMINES TO BE A REVITALIZATION21
AREA IN ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION (1)(a) OF22
THIS SECTION, AND NOT LESS THAN TWO-THIRDS OF THE PERIMETER OF THE23
COUNTY REVITALIZATION AREA AS A WHOLE IS CONTIGUOUS WITH24
URBAN-LEVEL DEVELOPMENT AS DETERMINED AT THE TIME OF THE25
DESIGNATION OF SUCH AREA;26
(C) T
HE AGRICULTURAL LAND IS AN ENCLAVE WITHIN THE27
1172
-32- TERRITORIAL BOUNDARIES OF THE COUNTY AND THE ENTIRE PERIMETER OF1
THE ENCLAVE HAS BEEN CONTIGUOUS WITH URBAN -LEVEL DEVELOPMENT2
FOR A PERIOD OF NOT LESS THAN THR EE YEARS AS DETERMINED AT THE3
TIME OF THE DESIGNATION OF THE AREA; OR4
(D) E
ACH PUBLIC BODY THAT LEVIES AN AD VALOREM PROPERTY5
TAX ON THE AGRICULTURAL LAND AGREES IN WRITING TO THE INCLUSION6
OF THE AGRICULTURAL LAND WITHIN THE COUNTY REVITALIZATION AREA .7
(III) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE8
31,
THE COUNTY REVITALIZATION AUTHORITY MUST NOT OVERLAP WITH9
AN URBAN RENEWAL AUTHORITY , AND THE
BOUNDARIES OF THE10
COUNTY REVITALIZATION AREA MUST NOT OVERLAP WITH A11
MUNICIPALITY, EXCEPT WHERE THE PROPERTY IS SUBSEQUENTLY ANNEXED12
INTO THE MUNICIPALITY OR PURSUANT TO SECTION 30-31-118.13
(d) A
COUNTY REVITALIZATION PLAN THAT IS APPROVED OR14
SUBSTANTIALLY MODIFIED MUST INCLUDE A LEGAL DESCRIPTION OF THE15
COUNTY REVITALIZATION AREA , INCLUDING THE LEGAL DESCRIPTION OF16
ANY AGRICULTURAL LAND PROPOSED FOR INCLUSION WITHIN THE COUNTY17
REVITALIZATION AREA PURSUANT TO SUBSECTION (1)(c)(II) OF THIS18
SECTION.19
(2) (a) P
RIOR TO APPROVING A COUNTY REVITALIZATION PLAN , A20
GOVERNING BODY SHALL SUBMIT THE PLAN TO THE COUNTY PLANNING21
COMMISSION FOR REVIEW AND RECOMMENDATIONS AS TO THE PLAN 'S22
CONFORMITY WITH THE GENERAL PLAN FOR THE DEVELOPMENT OF THE23
COUNTY AS A WHOLE.
THE COUNTY PLANNING COMMISSION SHALL ALSO24
REVIEW AND PROVIDE RECOMME NDATIONS AS TO THE PLAN'S INTERACTION25
WITH APPLICABLE MUNICIPAL PLANS FOR THE DEVELOPMENT OF26
UNINCORPORATED TERRITORY IF THE COUNTY REVITALIZATION PLAN27
1172
-33- INCLUDES PROPERTY THAT IS INCLUDED WITHIN A MUNICIPAL PLAN1
ADOPTED PURSUANT TO SECTION 31-12-105 (1)(e)(I) OR SECTION2
31-23-212.3
(b) T
HE PLANNING COMMISSION SHALL SUBMIT ITS WRITTEN4
RECOMMENDATIONS TO THE GOVERNING BODY WITHIN THIRTY DAYS5
AFTER RECEIPT OF THE PLAN.6
(c) U
PON RECEIPT OF THE RECOMMENDATIONS OF THE PLANNING7
COMMISSION OR, IF NO RECOMMENDATIONS ARE RECEIVED WITHIN THIRTY8
DAYS, WITHOUT SUCH RECOMMENDATIONS , A GOVERNING BODY MAY9
PROCEED WITH THE HEARING ON THE PROPOSED COUNTY REVITALIZATION10
PLAN REQUIRED BY SUBSECTION
(5) OF THIS SECTION.11
(3) (a) AT LEAST THIRTY DAYS PRIOR TO THE HEARING DESCRIBED12
IN SUBSECTION (5)(a) OF THIS SECTION ON A COUNTY REVITALIZATION13
PLAN OR A SUBSTANTIAL MODIFICATION TO A COUNTY REVITALIZATION14
PLAN, THE COUNTY OR THE AUTHORITY SHALL SUBMIT A COUNTY15
REVITALIZATION IMPACT REPORT ALONG WITH THE COUNTY16
REVITALIZATION PLAN OR MODIFICATION TO A COUNTY REVITALIZATION17
PLAN TO EVERY MUNICIPALITY WITHIN ONE MILE OF THE COUNTY18
REVITALIZATION AREA. THE COUNTY REVITALIZATION IMPACT REPORT19
MUST INCLUDE, AT A MINIMUM , THE FOLLOWING INFORMATION20
CONCERNING THE IMPACT OF SUCH A COUNTY REVITALIZATION PLAN : 21
(I) AN ESTIMATE OF THE IMPACT OF THE COUNTY REVITALIZATION22
PROJECT ON MUNICIPAL SERVICES AND INFRASTRUCTURE ;23
(II) AN ESTIMATE OF THE COST AND EXTENT OF ADDITIONAL24
MUNICIPAL INFRASTRUCTURE AND SERVICES THAT ARE ANTICIPATED TO BE25
NEEDED TO SERVE DEVELOPMENT WITHIN THE PROPOSED COUNTY26
REVITALIZATION AREA, AND THE BENEFIT OF IMPROVEMENTS WITHIN THE27
1172
-34- COUNTY REVITALIZATION AREA TO EXISTING MUNICIPAL INFRASTRUCTURE ;1
(III) A STATEMENT SETTING FORTH THE METHOD UNDER WHICH2
THE AUTHORITY OR THE COUNTY WILL FINANCE, OR THAT AGREEMENTS3
ARE IN PLACE TO FINANCE, ANY ADDITIONAL MUNICIPAL INFRASTRUCTURE4
AND SERVICES TO SERVE DEVELOPMENT IN THE COUNTY REVITALIZATION5
AREA FOR THE DURATION OF THE COUNTY REVITALIZATION PROJECT; AND6
(IV) ANY OTHER ESTIMATED IMPACTS OF THE COUNTY7
REVITALIZATION PROJECT.8
(b) THE INADVERTENT FAILURE OF A COUNTY OR AN AUTHORITY9
TO SUBMIT A COUNTY REVITALIZATION PLAN, SUBSTANTIAL MODIFICATION10
TO A COUNTY REVITALIZATION PLAN, OR A COUNTY REVITALIZATION11
IMPACT REPORT, AS APPLICABLE, TO A MUNICIPALITY IN ACCORDANCE12
WITH THE REQUIREMENTS OF SUBSECTION (3)(a) OF THIS SECTION NEITHER13
CREATES A CAUSE OF ACTION IN FAVOR OF ANY PARTY NOR INVALIDATES14
ANY COUNTY REVITALIZATION PLAN OR SUBSTANTIAL MODIFICATION TO15
A COUNTY REVITALIZATION PLAN .16
(c) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,17
A CITY AND COUNTY IS NOT REQUIRED TO SUBMIT AN URBAN RENEWAL18
IMPACT REPORT SATISFYING THE REQUIREMENTS OF SUBSECTION (3)(a) OF19
THIS SECTION.20
(4) UPON REQUEST OF THE COUNTY OR THE AUTHORITY, EACH21
MUNICIPALITY THAT IS ENTITLED TO RECEIVE A COPY OF A COUNTY22
REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION TO A COUNTY23
REVITALIZATION PLAN SHALL PROVIDE AVAILABLE MUNICIPAL DATA AND24
PROJECTIONS TO THE COUNTY OR THE AUTHORITY TO ASSIST IN PREPARING25
A COUNTY REVITALIZATION IMPACT REPORT PURSUANT TO SUBSECTION (3)26
OF THIS SECTION.27
1172
-35- (5) (a) A GOVERNING BODY SHALL HOLD A PUBLIC HEARING ON THE1
COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION OF AN2
APPROVED COUNTY REVITALIZATION PLAN NO LESS THAN THIRTY DAYS3
AFTER GIVING PUBLIC NOTICE OF THE HEARING .4
(b) T
HE NOTICE FOR THE PUBLIC HEARING MUST :5
(I) B
E PUBLISHED BY THE GOVERNING B ODY IN A NEWSPAPER6
HAVING A GENERAL CIRCULATION IN THE COUNTY ;7
(II) D
ESCRIBE THE TIME, DATE, PLACE, AND PURPOSE OF THE8
HEARING;9
(III) G
ENERALLY IDENTIFY THE COUNTY REVITALIZATION AREA10
COVERED BY THE PLAN;11
(IV) O
UTLINE THE GENERAL SCOPE OF THE COUNTY12
REVITALIZATION PROJECT UNDER CONSIDERATION ; AND13
(V) B
E PROVIDED BY THE COUNTY TO EVERY MUNICIPALITY14
WITHIN THREE MILES OF THE AUTHORITY .15
(c) I
F AN AUTHORITY INTENDS TO ACQUIRE PRIVATE PROPERTY BY16
EMINENT DOMAIN WITHIN THE COUNTY REVITALIZATION AREA THAT IS TO17
BE SUBSEQUENTLY TRANSFERRED TO A PRIVATE PARTY IN ACCORDANCE18
WITH THE REQUIREMENTS OF SECTION 30-31-106 (2), THE GOVERNING19
BODY, BEFORE COMMENCING THE ACQUISITION OF THE PROPERTY , SHALL20
HOLD A PUBLIC HEARING ON THE USE OF EMINENT DOMAIN AS A MEANS TO21
ACQUIRE THE PROPERTY. THE GOVERNING BODY SHALL ONLY HOLD THIS22
HEARING AFTER WRITTEN NOTICE OF THE TIME , DATE, PLACE, AND23
PURPOSE OF THE HEARING HAS BEEN PROVIDED TO EACH OWNER OF24
PROPERTY, AS PROPERTY IS DEFINED IN SECTION 30-31-106 (4), THAT IS25
WITHIN THE COUNTY REVITALIZATION AREA AT LEAST THIRTY DAYS26
BEFORE THE DATE OF THE HEARING. IN ORDER TO AUTHORIZE THE USE OF27
1172
-36- EMINENT DOMAIN AS A MEANS TO ACQUIRE PROPERTY , A GOVERNING BODY1
SHALL BASE ITS AUTHORIZATION DECISION ON A FINDING OF2
REVITALIZATION AREA CONDITIONS WITHOUT REGARD TO THE ECONOMIC3
PERFORMANCE OF THE PROPERTY TO BE ACQUIRED .4
(d) A
T THE HEARING HELD PURSUANT TO THE NOTICE DESCRIBED5
IN THIS SUBSECTION
(5), THE GOVERNING BODY SHALL GRANT A FULL6
OPPORTUNITY TO BE HEARD TO ALL MUNICIPALITIES WITHIN THREE MILES7
OF THE AUTHORITY.8
(6) FOLLOWING THE HEARING DESCRIBED IN SUBSECTION (5) OF9
THIS SECTION, THE GOVERNING BODY MAY APPROVE THE COUNTY10
REVITALIZATION PLAN IF THE GOVERNING BODY FINDS THAT :11
(a) A
FEASIBLE METHOD EXISTS FOR THE RELOCATION OF12
INDIVIDUALS AND FAMILIES WHO WILL BE DISPLACED BY THE COUNTY13
REVITALIZATION PROJECT IN DECENT , SAFE, AND SANITARY DWELLING14
ACCOMMODATIONS WITHIN THEIR MEANS AND WITHOUT UNDUE HARDSHIP15
TO SUCH INDIVIDUALS AND FAMILIES;16
(b) A
FEASIBLE METHOD EXISTS FOR THE RELOCATION OF BUSINESS17
CONCERNS THAT WILL BE DISPLACED BY THE COUNTY REVITALIZATION18
PROJECT IN THE COUNTY REVITALIZATION AREA OR IN OTHER AREAS THAT19
ARE NOT GENERALLY LESS DESIRABLE WITH RESPECT TO PUBLIC UTILITIES20
AND PUBLIC AND COMMERCIAL FACILITIES ;21
(c) T
HE GOVERNING BODY HAS TAKEN REASONABLE EFFORTS TO22
PROVIDE WRITTEN NOTICE OF THE PUBLIC HEARING PRESCRIBED BY23
SUBSECTION
(5) OF THIS SECTION TO ALL PROPERTY OWNERS, RESIDENTS,24
AND OWNERS OF BUSINESS CONCERNS IN THE PROPOSED COUNTY25
REVITALIZATION AREA AT THEIR LAST -KNOWN ADDRESS OF RECORD AT26
LEAST THIRTY DAYS BEFORE SUCH HEARING . THE NOTICE MUST CONTAIN27
1172
-37- THE SAME INFORMATION AS REQUIRED FOR THE NOTICE DESCRIBED IN1
SUBSECTION (5) OF THIS SECTION.2
(d) N
O MORE THAN ONE HUNDRED TWENTY DAYS HAVE PASSED3
SINCE THE COMMENCEMENT OF THE FIRST PUBLIC HEARING OF THE COUNTY4
REVITALIZATION PLAN PURSUANT TO SUBSECTION
(5) OF THIS SECTION;5
(e) I
F THE COUNTY REVITALIZATION PLAN CONTAINS PROPERTY6
THAT WAS INCLUDED IN A PREVIOUSLY SUBMITTED COUNTY7
REVITALIZATION PLAN THAT THE GOVERNING BODY FAILED TO APPROVE8
PURSUANT TO THIS SECTION, AT LEAST TWENTY-FOUR MONTHS HAVE9
PASSED SINCE THE COMMENCEMENT OF THE PRIOR PUBLIC HEARING10
CONCERNING SUCH PROPERTY HELD PURSUANT TO SUBSECTION
(5) OF THIS11
SECTION, UNLESS SUBSTANTIAL CHANGES HAVE OCCURRED SINCE THE12
COMMENCEMENT OF THE HEARING THAT RESULTED IN A DETERMINATION13
THAT SUCH PROPERTY CONSTITUTED A REVITALIZATION AREA PURSUANT14
TO SECTION 30-31-103 (14);15
(f) T
HE COUNTY REVITALIZATION PLAN CONFORMS TO THE16
GENERAL PLAN OF THE COUNTY AS A
WHOLE AND CONSIDERS APPLICABLE17
MUNICIPAL PLANS FOR THE DEVELOPMENT OF UNINCORPORATED18
TERRITORY, IF THE COUNTY REVITALIZATION PLAN INCLUDES PROPERTY19
THAT IS INCLUDED WITHIN A MUNICIPAL PLAN ADOPTED PURSUANT TO20
SECTION 31-12-105 (1)(e)(I) OR SECTION 31-23-212;21
(g) T
HE COUNTY REVITALIZATION PLAN WILL AFFORD MAXIMUM22
OPPORTUNITY, CONSISTENT WITH THE SOUND NEEDS OF THE COUNTY AS A23
WHOLE, FOR THE REHABILITATION OR REDEVELOPMENT OF THE COUNTY24
REVITALIZATION AREA BY PRIVATE ENTERPRISE ;25
(h) T
HE AUTHORITY OR THE COUNTY WILL ADEQUATELY FINANCE ,26
OR THAT AGREEMENTS ARE IN PLACE TO FINANCE , ANY ADDITIONAL27
1172
-38- COUNTY AND MUNICIPAL INFRASTRUCTURE AND SERVICES REQUIRED TO1
SERVE DEVELOPMENT WITHIN THE COUNTY REVITALIZATION AREA FOR THE2
PERIOD IN WHICH ALL OR ANY PORTION OF THE PROPERTY TAXES3
DESCRIBED IN SUBSECTION (13)(a)(II) OF THIS SECTION AND LEVIED BY4
THE COUNTY ARE PAID TO THE AUTHORITY ; 5
(i) T
HE ADOPTION OF THE PLAN WILL NOT CREATE AN UNDUE6
BURDEN ON ANY MUNICIPALITY THAT PROVIDES MUNICIPAL SERVICES
OR7
THAT OWNS, CONTROLS, OR MAINTAINS ANY INFRASTRUCTURE OR8
FACILITIES THAT ARE IMPACTED BY THE ADOPTION OF THE PLAN,9
EXCLUDING ANY BURDEN THAT HAS NOT BEEN ADDRESSED PURSUANT TO10
SUBSECTION (6)(h) OF THIS SECTION; AND11
(j) NO PROPERTY IS INCLUDED IN THE COUNTY REVITALIZATION12
PLAN THAT IS SUBJECT TO A PENDING ANNEXATION AGREEMENT OR FOR13
WHICH ANNEXATION PROCEEDINGS HAVE BEEN COMMENCED WITHIN THE14
PAST THREE YEARS.15
(7) IN ADDITION TO THE FINDINGS OTHERWISE REQUIRED OF THE16
GOVERNING BODY PURSUANT TO SUBSECTION (6) OF THIS SECTION, IF THE17
COUNTY REVITALIZATION PLAN SEEKS THE ACQUISITION OF PRIVATE18
PROPERTY BY EMINENT DOMAIN FOR SUBSEQUENT TRANSFER TO A PRIVATE19
PARTY PURSUANT TO SECTION 30-31-106 (2), THE GOVERNING BODY MAY20
APPROVE THE COUNTY REVITALIZATION PLAN WHERE IT FINDS , IN21
CONNECTION WITH A HEARING SATISFYING THE REQUIREMENTS OF22
SUBSECTION (5) OF THIS SECTION, THAT THE COUNTY REVITALIZATION23
PLAN HAS MET THE REQUIREMENTS OF SECTION 30-31-106 (2) AND THAT24
THE PRINCIPAL PUBLIC PURPOSE FOR ADOPTING THE COUNTY25
REVITALIZATION PLAN IS TO FACILITATE REDEVELOPMENT IN ORDER TO26
TAKE ADVANTAGE OF REVITALIZATION AREAS .27
1172
-39- (8) IF THE COUNTY REVITALIZATION AREA CONSISTS OF AN AREA1
OF OPEN LAND WHICH, UNDER THE COUNTY REVITALIZATION PLAN , IS TO2
BE DEVELOPED FOR RESIDENTIAL USES, THE GOVERNING BODY MUST FIRST3
HAVE DETERMINED THAT:4
(a) A
SHORTAGE OF HOUSING OF SOUND STANDARDS AND DESIGN5
WHICH IS DECENT, SAFE, AND SANITARY EXISTS IN THE COUNTY;6
(b) T
HE NEED FOR HOUSING ACCOMMODATIONS HAS BEEN OR WILL7
BE INCREASED AS A RESULT OF TAKING ADVANTAGE OF REVITALIZATION8
AREAS;9
(c) T
HE OPPORTUNITY FACTORS IN THE COUNTY REVITALIZATION10
AREA AND THE SHORTAGE OF ATTAINABLE HOUSING CREATE A RISK TO THE11
PUBLIC HEALTH AND SAFETY; AND12
(d) T
HE ACQUISITION OF THE AREA FOR RESIDENTIAL USES IS AN13
INTEGRAL PART OF AND ESSENTIAL TO THE PROGRAM OF THE COUNTY .14
(9) IF THE COUNTY REVITALIZATION AREA CONSISTS OF AN AREA15
OF OPEN LAND WHICH, UNDER THE COUNTY REVITALIZATION PLAN , IS TO16
BE DEVELOPED FOR NONRESIDENTIAL USES , THE LOCAL GOVERNING BODY17
MUST FIRST HAVE DETERMINED THAT :18
(a) S
UCH NONRESIDENTIAL USES ARE NECESSARY AND19
APPROPRIATE TO FACILITATE THE PROPER GROWTH AND DEVELOPMENT OF20
THE COMMUNITY IN ACCORDANCE WITH SOUND PLANNING STANDARDS21
AND LOCAL COMMUNITY OBJECTIVES ; AND22
(b) T
HE CONTEMPLATED ACQUISITION OF THE AREA MAY REQUIRE23
THE EXERCISE OF GOVERNMENTAL ACTION , AS PROVIDED IN THIS ARTICLE24
31,
BECAUSE OF BEING IN A REVITALIZATION AREA.25
(10) (a) THE COUNTY REVITALIZATION PLAN MAY BE MODIFIED AT26
ANY TIME; BUT, IF THE COUNTY REVITALIZATION PLAN IS MODIFIED AFTER27
1172
-40- THE LEASE OR SALE BY THE AUTHORITY OF REAL PROPERTY IN THE COUNTY1
REVITALIZATION PROJECT AREA, THE MODIFICATION IS SUBJECT TO SUCH2
RIGHTS AT LAW OR IN EQUITY AS A LESSEE OR PURCHASER OR THE3
PURCHASER'S SUCCESSOR IN INTEREST MAY BE ENTITLED TO ASSERT. IF4
THE MODIFICATION TO A COUNTY REVITALIZATION PLAN WILL5
SUBSTANTIALLY CHANGE PROVISIONS OF THE COUNTY REVITALIZATION6
PLAN REGARDING LAND AREA, LAND USE, AUTHORIZATION TO COLLECT7
INCREMENTAL TAX REVENUE, THE EXTENT OF THE USE OF TAX INCREMENT8
FINANCING, THE SCOPE OR NATURE OF THE COUNTY REVITALIZATION9
PROJECT, THE SCOPE OR METHOD OF FINANCING, DESIGN, BUILDING10
REQUIREMENTS, TIMING, OR PROCEDURE, AS PREVIOUSLY APPROVED, OR11
WHERE THE MODIFICATION WILL SUBSTANTIALLY CLARIFY A PLAN THAT,12
WHEN APPROVED, WAS LACKING IN SPECIFICITY AS TO THE COUNTY13
REVITALIZATION PROJECT OR FINANCING, THEN THE MODIFICATION IS A14
SUBSTANTIAL MODIFICATION TO THE COUNTY REVITALIZATION PLAN AND15
SUBJECT TO ALL OF THE REQUIREMENTS OF THIS SECTION .16
(b) A
NY PROPOSED COUNTY REVITALIZATION PLAN MODIFICATION17
MUST BE SUBMITTED TO THE GOVERNING BODY FOR APPROVAL .18
(c) N
OT LESS THAN THIRTY DAYS BEFORE APPROVING ANY19
MODIFICATION OF THE COUNTY REVITALIZATION PLAN , THE GOVERNING20
BODY OR AUTHORITY SHALL PROVIDE A DETAILED WRITTEN DESCRIPTION21
OF THE PROPOSED MODIFICATION TO EACH TAXING ENTITY THAT LEVIES22
TAXES ON PROPERTY LOCATED WITHIN THE COUNTY REVITALIZATION AREA23
AND
TO EACH MUNICIPALITY WITHIN THREE MILES OF THE COUNTY24
REVITALIZATION AREA ALONG WITH A NOTICE OF THE DATE AND TIME OF25
THE MEETING AT WHICH THE GOVERNING BODY WILL CONSIDER THE26
MODIFICATION.27
1172
-41- (d) IF THE COUNTY REVITALIZATION PLAN IS MODIFIED AFTER THE1
LEASE OR SALE BY THE AUTHORITY OF REAL PROPERTY IN THE COUNTY2
REVITALIZATION PROJECT AREA, THAT MODIFICATION IS SUBJECT TO SUCH3
RIGHTS AT LAW OR IN EQUITY AS A LESSEE OR PURCHASER OR THEIR4
SUCCESSOR IN INTEREST MAY BE ENTITLED TO ASSERT .5
(e) T
HE COUNTY REVITALIZATION PLAN MODIFICATION IS6
SUBSTANTIAL AND SUBJECT TO ALL OF THE REQUIREMENTS OF THIS7
SECTION IF THE MODIFICATION WILL SUBSTANTIALLY :8
(I) C
HANGE PROVISIONS OF THE COUNTY REVITALIZATION PLAN9
REGARDING THE FOLLOWING AS PREVIOUSLY APPROVED :10
(A) L
AND AREA;11
(B) L
AND USE;12
(C) A
UTHORIZATION TO COLLECT INCREMENTAL TAX REVENUE ;13
(D) T
HE EXTENT OF THE USE OF TAX INCREMENT FINANCING ;14
(E) T
HE SCOPE OR NATURE OF THE COUNTY REVITALIZATION15
PROJECT;16
(F) T
HE SCOPE OR METHOD OF FINANCING ;17
(G) D
ESIGN;18
(H) B
UILDING REQUIREMENTS; OR19
(I) T
IMING OR PROCEDURE; OR20
(II) C
LARIFY A PLAN THAT, WHEN APPROVED, WAS LACKING IN21
SPECIFICITY AS TO THE COUNTY REVITALIZATION PROJECT OR FINANCING .22
(f) ANY TAXING ENTITY THAT LEVIES TAXES ON PROPERTY23
LOCATED WITHIN THE COUNTY REVITALIZATION AREA AND ANY24
MUNICIPALITY WITH TERRITORY WITHIN THREE MILES OF THE COUNTY25
REVITALIZATION AREA MAY FILE AN ACTION IN A STATE DISTRICT COURT26
EXERCISING JURISDICTION OVER THE COUNTY IN WHICH THE COUNTY27
1172
-42- REVITALIZATION AREA IS LOCATED FOR AN ORDER DETERMINING, UNDER1
A DE NOVO STANDARD OF REVIEW, WHETHER THE MODIFICATION IS A2
SUBSTANTIAL MODIFICATION. IF REQUESTED BY THE TAXING ENTITY OR3
MUNICIPALITY, THE COURT SHALL ENJOIN ANY ACTION BY THE AUTHORITY4
PURSUANT TO THE MODIFICATION UNTIL THE COURT HAS DETERMINED5
WHETHER THE MODIFICATION IS A SUBSTANTIAL MODIFICATION AND , IF6
THE COURT MAKES SUCH A DETERMINATION, THE COURT SHALL FURTHER7
ENJOIN ANY ACTION BY THE AUTHORITY PURSUANT TO THE MODIFICATION8
UNTIL THE AUTHORITY COMPLIES WITH SUBSECTION (8) OF THIS SECTION.9
(11) (a) NO ACTION MAY BE BROUGHT TO ENJOIN ANY ACTIVITY OF10
THE AUTHORITY PURSUANT TO THE COUNTY REVITALIZATION PLAN ,11
INCLUDING THE ISSUANCE OF BONDS , THE INCURRENCE OF OTHER12
FINANCIAL OBLIGATIONS, OR THE PLEDGE OF REVENUE , UNLESS THE13
ACTION IS COMMENCED WITHIN FORTY-FIVE DAYS AFTER THE DATE ON14
WHICH THE AUTHORITY PROVIDED NOTICE OF ITS INTENTION REGARDING15
THE UNDERTAKING OR ACTIVITY .16
(b) (I) T
HE NOTICE REQUIRED BY SUBSECTION
(11)(a) OF THIS17
SECTION MUST:18
(A) D
ESCRIBE THE UNDERTAKING OR ACTIVITY PROPOSED BY THE19
AUTHORITY AND SPECIFY THAT ANY ACTION TO ENJOIN THE UNDERTAKING20
OR ACTIVITY MUST BE BROUGHT WITHIN FORTY -FIVE DAYS FROM THE DATE21
OF THE NOTICE; AND22
(B) B
E PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN23
THE COUNTY.24
(II) O
N OR BEFORE THE DATE OF PUBLICATION OF THE NOTICE OF25
INTENTION REQUIRED BY SUBSECTION
(11)(a) OF THIS SECTION, THE26
AUTHORITY SHALL ALSO MAIL A COPY OF THE NOTICE TO EACH TAXING27
1172
-43- ENTITY THAT LEVIES TAXES ON PROPERTY WITHIN THE COUNTY1
REVITALIZATION AREA AND TO EACH MUNICIPALITY WITHIN THREE MILES2
OF THE COUNTY REVITALIZATION AREA .3
(12) UPON THE APPROVAL BY THE GOVERNING BODY OF THE4
COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION TO THE5
COUNTY REVITALIZATION PLAN , THE PROVISIONS OF THAT PLAN ARE6
CONTROLLING WITH RESPECT TO THE LAND AREA , LAND USE, DESIGN,7
BUILDING REQUIREMENTS, TIMING, OR PROCEDURE APPLICABLE TO THE8
PROPERTY COVERED BY THAT PLAN, EXCEPT TO THE EXTENT INCONSISTENT9
WITH THE LAWS OF A MUNICIPALITY FOLLOWING ANNEXATION OF SUCH10
PROPERTY.11
(13) (a) NOTWITHSTANDING ANY LAW TO THE CONTRARY , ANY12
COUNTY REVITALIZATION PLAN , AS ORIGINALLY APPROVED OR AS LATER13
MODIFIED PURSUANT TO THIS ARTICLE 31, MAY CONTAIN A PROVISION14
THAT THE PROPERTY TAXES OF SPECIFICALLY DESIGNATED PUBLIC BODIES15
THAT HAVE JOINED THE AUTHORITY PURSUANT TO SECTION 30-31-104 (6),16
IF ANY, LEVIED AFTER THE EFFECTIVE DATE OF THE APPROVAL OF SUCH17
COUNTY REVITALIZATION PLAN UPON TAXABLE PROPERTY IN THE COUNTY18
REVITALIZATION AREA EACH YEAR OR THAT COUNTY SALES TAXES19
COLLECTED WITHIN SAID AREA , OR BOTH SUCH TAXES, BY OR FOR THE20
BENEFIT OF THE DESIGNATED PUBLIC BODY MUST BE DIVIDED FOR A PERIOD21
NOT TO EXCEED THIRTY YEARS AFTER THE EFFECTIVE DATE OF ADOPTION22
OF SUCH A PROVISION, AS FOLLOWS:23
(I) T
HAT PORTION OF THE TAXES PRODUCED BY THE LEVY AT THE24
RATE FIXED EACH YEAR BY OR FOR EACH SUCH PUBLIC BODY UPON THE25
VALUATION FOR ASSESSMENT OF TAXABLE PROPERTY IN THE COUNTY26
REVITALIZATION AREA LAST CERTIFIED BEFORE THE EFFECTIVE DATE OF27
1172
-44- APPROVAL OF THE COUNTY REVITALIZATION PLAN OR , AS TO AN AREA1
LATER ADDED TO THE C OUNTY REVITALIZATION AREA , THE EFFECTIVE2
DATE OF THE MODIFICATION OF THE PLAN , OR THAT PORTION OF COUNTY3
SALES TAXES COLLECTED WITHIN THE BOUNDARIES OF SAID COUNTY4
REVITALIZATION AREA IN THE TWELVE -MONTH PERIOD ENDING ON THE5
LAST DAY OF THE MONTH BEFORE THE EFFECTIVE DATE OF APPROVAL OF6
SAID PLAN, OR BOTH SUCH PORTIONS, MUST BE PAID INTO THE FUNDS OF7
EACH SUCH PUBLIC BODY AS ARE ALL OTHER TAXES COLLECTED BY OR FOR8
THE PUBLIC BODY.9
(II) T
HAT PORTION OF THE PROPERTY TAXES OR ALL OR ANY10
PORTION OF THE SALES TAXES, OR BOTH, IN EXCESS OF THE AMOUNT OF11
PROPERTY TAXES OR SALES TAXES PAID INTO THE FUNDS OF EACH SUCH12
PUBLIC BODY IN ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION13(13)(a)(I) OF THIS SECTION MUST BE ALLOCATED TO AND , WHEN14
COLLECTED, PAID INTO A SPECIAL FUND OF THE AUTHORITY TO PAY THE15
PRINCIPAL OF, THE INTEREST ON, AND ANY PREMIUMS DUE IN CONNECTION16
WITH THE BONDS OF , LOANS OR ADVANCES TO , OR INDEBTEDNESS17
INCURRED BY, WHETHER FUNDED, REFUNDED, ASSUMED, OR OTHERWISE,18
THE AUTHORITY FOR FINANCING OR REFINANCING , IN WHOLE OR IN PART,19
THE COUNTY REVITALIZATION PROJECT , TO MAKE PAYMENTS UNDER AN20
AGREEMENT EXECUTED PURSUANT TO THIS SECTION , OR FOR ANY OTHER21
PURPOSES AUTHORIZED BY THIS ARTICLE 31. ANY EXCESS COUNTY SALES22
TAX OR PROPERTY TAX COLLECTIONS NOT ALLOCATED PURSUANT TO THIS23
SUBSECTION (13)(a)(II) MUST BE PAID INTO THE FUNDS OF THE COUNTY OR24
OTHER TAXING ENTITY, AS APPLICABLE. UNLESS AND UNTIL THE TOTAL25
VALUATION FOR ASSESSMENT OF THE TAXABLE PROPERTY IN THE COUNTY26
REVITALIZATION AREA EXCEEDS THE BASE VALUATION FOR ASSESSMENT27
1172
-45- OF THE TAXABLE PROPERTY IN THE COUNTY REVITALIZATION AREA , AS1
PROVIDED IN SUBSECTION (13)(a)(I) OF THIS SECTION, ALL OF THE TAXES2
LEVIED UPON THE TAXABLE PROPERTY IN SUCH COUNTY REVITALIZATION3
AREA MUST BE PAID INTO THE FUNDS OF THE RESPECTIVE PUBLIC BODIES .4
U
NLESS AND UNTIL THE TOTAL COUNTY SALES TAX COLLECTIONS IN THE5
COUNTY REVITALIZATION AREA EXCEED THE BASE YEAR COUNTY SALES6
TAX COLLECTIONS IN SUCH COUNTY REVITALIZATION AREA , AS PROVIDED7
IN SUBSECTION
(13)(a)(I) OF THIS SECTION, ALL SUCH SALES TAX8
COLLECTIONS MUST BE PAID INTO THE FUNDS OF THE COUNTY . WHEN SUCH9
BONDS, LOANS, ADVANCES, AND INDEBTEDNESS, IF ANY, INCLUDING10
INTEREST THEREON AND ANY PREMIUMS DUE IN CONNECTION THEREWITH ,11
HAVE BEEN PAID, ALL TAXES UPON THE TAXABLE PROPERTY OR THE TOTAL12
COUNTY SALES TAX COLLECTIONS , OR BOTH, IN THE COUNTY13
REVITALIZATION AREA MUST BE PAID INTO THE FUNDS OF THE RESPECTIVE14
PUBLIC BODIES, AND ALL MONEY REMAINING IN THE SPECIAL FUND15
ESTABLISHED PURSUANT TO THIS SUBSECTION (13)(a)(II) THAT HAS NOT16
PREVIOUSLY BEEN REBATED AND THAT ORIGINATED AS PROPERTY TAX17
INCREMENT GENERATED BASED ON THE MILL LEVY OF A TAXING ENTITY ,18
OTHER THAN THE COUNTY , WITHIN THE BOUNDARIES OF THE COUNTY19
REVITALIZATION AREA MUST BE REPAID TO EACH TAXING ENTITY BASED20
ON THE PRO RATA SHARE OF THE PRIOR YEAR'S PROPERTY TAX INCREMENT21
ATTRIBUTABLE TO EACH TAXING ENTITY 'S CURRENT MILL LEVY IN WHICH22
PROPERTY TAXES WERE DIVIDED PURSUANT TO THIS SUBSECTION (13).23
A
NY MONEY REMAINING IN THE SPECIAL FUND NOT GENERATED BY24
PROPERTY TAX INCREMENT IS EXCLUDED FROM ANY SUCH REPAYMENT25
REQUIREMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW , ANY26
ADDITIONAL REVENUES RESULTING BECAUSE THE VOTERS HAVE27
1172
-46- AUTHORIZED THE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT TO RETAIN1
AND SPEND SAID REVENUES PURSUANT TO SECTION 20 (7)(d) OF ARTICLE2
X
OF THE STATE CONSTITUTION SUBSEQUENT TO THE CREATION OF THE3
SPECIAL FUND PURSUANT TO THIS SUBSECTION
(13)(a)(II) OR AS A RESULT4
OF AN INCREASE IN THE PROPERTY TAX MILL LEVY APPROVED BY THE5
VOTERS OF THE MUNICIPALITY , COUNTY, OR SPECIAL DISTRICT6
SUBSEQUENT TO THE CREATION OF THE SPECIAL FUND , TO THE EXTENT THE7
TOTAL MILL LEVY OF THE MUNICIPALITY , COUNTY, OR SPECIAL DISTRICT8
EXCEEDS THE RESPECTIVE MILL LEVY IN EFFECT AT THE TIME OF APPROVAL9
OR SUBSTANTIAL MODIFICATION OF THE COUNTY REVITALIZATION PLAN ,10
MUST NOT BE PLEDGED BY AN AUTHORITY FOR THE PAYMENT OF ANY11
BONDS OF, ANY LOANS OR ADVANCES TO , OR ANY INDEBTEDNESS12
INCURRED BY THE AUTHORITY WITHOUT THE CONSENT OF THE RELEVANT13
MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. TO THE EXTENT THE14
AUTHORITY HAS RECEIVED THE NOTIFICATION SPECIFIED IN THIS15
SUBSECTION (13)(a)(II), SUCH ADDITIONAL REVENUES MUST THEN BE16
PROMPTLY REPAID BY THE AUTHORITY TO THE COUNTY OR OTHER TAXING17
ENTITY. THE AUTHORITY MUST BE NOTIFIED OF THE AMOUNT OF18
ADDITIONAL REVENUES AND THE CALCULATIONS USED IN COMPUTING THE19
AMOUNT BY THE APPLICABLE COUNTY OR OTHER TAXING ENTITY BEFORE20
MAKING REPAYMENT AND , IN ANY EVENT, NOT LATER THAN FEBRUARY 121
OF EACH FISCAL YEAR FOLLOWING THE YEAR IN WHICH A22
VOTER-APPROVED REVENUE INCREASE HAS TAKEN EFFECT . THE23
AUTHORITY AND COUNTY OR ANY OTHER TAXING ENTITY MAY NEGOTIATE24
FOR THE PURPOSE OF ENTERING INTO AN AGREEMENT ON THE ISSUES OF25
THE AMOUNT OF REPAYMENT , THE MECHANICS OF HOW REPAYMENT OF26
THE ADDITIONAL REVENUES WILL BE ACCOMPLISHED , A METHOD FOR27
1172
-47- RESOLVING DISPUTES REGARDING THE AMOUNT OF REPAYMENT , AND1
WHETHER THE COUNTY OR TAXING ENTITY WILL WAIVE THE REPAYMENT2
REQUIREMENT, SINGULARLY OR IN COMBINATION, AND MAY ENTER INTO3
AN INTERGOVERNMENTAL AGREEMENT REGARDING ANY OF THESE ISSUES .4
(III) I
N CALCULATING AND MAKING PAYMENTS AS DESCRIBED IN5
SUBSECTION
(13)(a)(II) OF THIS SECTION, THE COUNTY TREASURER MAY6
OFFSET THE AUTHORITY'S PRO RATA PORTION OF ANY PROPERTY TAXES7
THAT ARE PAID TO THE AUTHORITY UNDER THE TERMS OF SUBSECTION8
(13)(a)(II) OF THIS SECTION AND THAT ARE SUBSEQUENTLY REFUNDED TO9
THE TAXPAYER AGAINST ANY SUBSEQUENT PAYMENTS DUE TO THE10
AUTHORITY FOR THE COUNTY REVITALIZATION PROJECT . THE AUTHORITY11
SHALL MAKE ADEQUATE PROVISION FOR THE RETURN OF OVERPAYMENTS12
IN THE EVENT THAT THERE ARE NOT SUFFICIENT PROPERTY TAXES DUE TO13
THE AUTHORITY TO OFFSET THE AUTHORITY 'S PRO RATA PORTION OF THE14
REFUNDS. THE PROVISIONS OF THIS SUBSECTION (13)(a)(III) DO NOT APPLY15
TO A CITY AND COUNTY.16
(IV) N
O PROPERTY WITHIN A REVITALIZATION AREA PURSUANT TO17
WHICH ANY BONDS OF , LOANS OR ADVANCES TO , OR INDEBTEDNESS18
INCURRED BY AN AUTHORITY PURSUANT TO SUBSECTION
(13)(a)(II) OF19
THIS SECTION ARE OUTSTANDING MAY BE INCLUDED WITHIN AN URBAN20
RENEWAL AREA OR ANY OTHER PROPERTY TAX INCREMENT AREA UNLESS21
THE AUTHORITY ENTERS INTO AN AGREEMENT THAT PROVIDES FOR EITHER22
THE ASSUMPTION OR THE DEFEASANCE OF ALL SUCH BONDS , LOANS,23
ADVANCES, OR INDEBTEDNESS.24
(V) A COUNTY REVITALIZATION PLAN SHALL NOT BE AFFECTED BY25
THE ANNEXATION OF ANY PROPERTY IN THE COUNTY REVITALIZATION26
AREA.27
1172
-48- (b) THE PORTION OF TAXES DESCRIBED IN SUBSECTION (13)(a)(II)1
OF THIS SECTION MAY BE IRREVOCABLY PLEDGED BY THE AUTHORITY FOR2
THE PAYMENT OF THE PRINCIPAL OF , THE INTEREST ON, AND ANY3
PREMIUMS DUE IN CONNECTION WITH SUCH BONDS , LOANS, ADVANCES,4
AND INDEBTEDNESS. THIS IRREVOCABLE PLEDGE DOES NOT EXTEND TO5
ANY TAXES THAT ARE PLACED IN A RESERVE FUND TO BE RETURNED TO6
THE COUNTY FOR REFUNDS OF OVERPAYMENTS BY TAXPAYERS ; EXCEPT7
THAT THIS LIMITATION ON THE EXTENSION OF THE IRREVOCABLE PLEDGE8
DOES NOT APPLY TO A CITY AND COUNTY .9
(c) A
S USED IN THIS SUBSECTION
(13), "TAXES" INCLUDES,10
WITHOUT LIMITATION, ALL LEVIES AUTHORIZED TO BE MADE ON AN AD11
VALOREM BASIS UPON REAL AND PERSONAL PROPERTY OR COUNTY SALES12
TAXES; BUT NOTHING IN THIS SUBSECTION (13) REQUIRES ANY PUBLIC13
BODY TO LEVY TAXES.14
(d) I
F THE COUNTY REVITALIZATION AREA INCLUDES SINGLE - AND15
MULTI-FAMILY RESIDENCES, A SCHOOL DISTRICT WHICH INCLUDES ALL OR16
ANY PART OF THE COUNTY REVITALIZATION AREA MUST BE PERMITTED TO17
PARTICIPATE IN AN ADVISORY CAPACITY WITH RESPECT TO THE INCLUSION18
IN THE COUNTY REVITALIZATION PLAN OF THE PROVISION PROVIDED FOR19
BY THIS SUBSECTION
(13).20
(e) I
F THERE IS A GENERAL REASSESSMENT OF TAXABLE PROPERTY21
VALUATIONS IN ANY COUNTY INCLUDING ALL OR PART OF THE COUNTY22
REVITALIZATION AREA SUBJECT TO DIVISION OF VALUATION FOR23
ASSESSMENT UNDER SUBSECTION
(13)(a) OF THIS SECTION OR A CHANGE24
IN THE SALES TAX RATE LEVIED IN ANY COUNTY INCLUDING ALL OR PART25
OF THE COUNTY REVITALIZATION AREA SUBJECT TO DIVISION OF SALES26
TAXES UNDER SUBSECTION (13)(a) OF THIS SECTION, THE PORTIONS OF27
1172
-49- VALUATIONS FOR ASSESSMENT OR SALES TAXES UNDER SUBSECTIONS1
(13)(a)(I) AND (13)(a)(II) OF THIS SECTION MUST BE PROPORTIONATELY2
ADJUSTED IN ACCORDANCE WITH THE REASSESSMENT OR CHANGE .3
(f) N
OTWITHSTANDING THE THIRTY -YEAR PERIOD OF LIMITATION4
SET FORTH IN SUBSECTION
(13)(a) OF THIS SECTION, ANY COUNTY5
REVITALIZATION PLAN, AS ORIGINALLY APPROVED OR AS LATER MODIFIED6
PURSUANT TO THIS ARTICLE 31, MAY CONTAIN A PROVISION THAT THE7
COUNTY SALES TAXES COLLECTED IN THE COUNTY REVITALIZATION AREA8
EACH YEAR OR THE COUNTY PORTION OF TAXES LEVIED UPON TAXABLE9
PROPERTY WITHIN THE AREA, OR BOTH SUCH TAXES, MAY BE ALLOCATED10
AS DESCRIBED IN THIS SUBSECTION (13) FOR A PERIOD IN EXCESS OF11
THIRTY YEARS AFTER THE EFFECTIVE DATE OF THE ADOPTION OF THE12
PROVISION IF THE EXISTING BONDS ARE IN DEFAULT OR ABOUT TO GO INTO13
DEFAULT; EXCEPT THAT THE TAXES MAY NOT BE ALLOCATED AFTER ALL14
BONDS OF THE AUTHORITY ISSUED PURSUANT TO SUCH PLAN INCLUDING15
LOANS, ADVANCES, AND INDEBTEDNESS, IF ANY, AND INTEREST THEREON,16
AND ANY PREMIUMS DUE IN CONNECTION THEREWITH HAVE BEEN REPAID . 17
(g) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,18
IF ONE OR MORE OF THE CONDITIONS SPECIFIED IN SUBSECTION (1)(c)(II)19
OF THIS SECTION HAVE BEEN SATISFIED SO THAT AGRICULTURAL LAND IS20
INCLUDED WITHIN THE COUNTY REVITALIZATION AREA , THE COUNTY21
ASSESSOR SHALL VALUE THE AGRICULTURAL LAND AT ITS FAIR MARKET22
VALUE IN MAKING THE CALCULATION OF THE TAXES TO BE PAID TO THE23
PUBLIC BODIES PURSUANT TO SUBSECTION
(13)(a)(I) OF THIS SECTION24
SOLELY FOR THE PURPOSE OF DETERMINING THE TAX INCREMENT25
AVAILABLE PURSUANT TO SUBSECTION (13)(a)(II) OF THIS SECTION.26
N
OTHING IN THIS SECTION AFFECTS THE ACTUAL OR REQUIRED27
1172
-50- CLASSIFICATION OF AGRICULTURAL LAND FOR PROPERTY TAX PURPOSES ,1
AND NOTHING IN THIS SECTION AFFECTS THE TAXES ACTUALLY TO BE PAID2
TO THE PUBLIC BODIES PURSUANT TO SUBSECTION (13)(a)(I) OF THIS3
SECTION, WHICH MUST CONTINUE TO BE BASED ON THE AGRICULTURAL4
CLASSIFICATION OF SUCH LAND UNLESS AND UNTIL IT HAS BEEN5
RECLASSIFIED IN THE NORMAL COURSE OF THE ASSESSMENT PROCESS . 6
(h) T
HE MANNER AND METHODS BY WHICH THE REQUIREMENTS OF7
THIS SUBSECTION
(13) ARE TO BE IMPLEMENTED BY COUNTY ASSESSORS8
MUST BE CONTAINED IN SUCH MANUALS , APPRAISAL PROCEDURES, AND9
INSTRUCTIONS, AS APPLICABLE, THAT THE PROPERTY TAX ADMINISTRATOR10
IS AUTHORIZED TO PREPARE AND PUBLISH PURSUANT TO SECTION 39-2-10911
(1)(e).12
(i) W
ITHIN THE TWELVE-MONTH PERIOD BEFORE THE EFFECTIVE13
DATE OF THE APPROVAL OR MODIFICATION OF THE COUNTY14
REVITALIZATION PLAN REQUIRING THE ALLOCATION OF MONEY TO THE15
AUTHORITY PURSUANT TO SUBSECTION
(13)(a) OF THIS SECTION, THE16
MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT IS ENTITLED TO THE17
REIMBURSEMENT OF ANY MONEY THAT THE MUNICIPALITY , COUNTY, OR18
SPECIAL DISTRICT PAYS TO, CONTRIBUTES TO, OR INVESTS IN THE19
AUTHORITY FOR THE PROJECT. THE REIMBURSEMENT MUST BE PAID FROM20
THE SPECIAL FUND OF THE AUTHORITY ESTABLISHED PURSUANT TO21
SUBSECTION (13)(a) OF THIS SECTION.22
23
(14) (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW , THE24
GOVERNING BODY MAY PROVIDE IN THE COUNTY REVITALIZATION PLAN25
THAT THE VALUATION ATTRIBUTABLE TO THE EXTRACTION OF MINERAL26
RESOURCES LOCATED WITHIN THE COUNTY REVITALIZATION AREA IS NOT27
1172
-51- SUBJECT TO THE DIVISION THAT IS OTHERWISE REQUIRED BY SUBSECTION1
(13)(a) OF THIS SECTION. IN SUCH CIRCUMSTANCES, THE TAXES LEVIED ON2
THE VALUATION MUST BE DISTRIBUTED TO THE TAXING ENTITIES AS IF THE3
COUNTY REVITALIZATION PLAN WAS NOT IN EFFECT .4
(b) A
S USED IN THIS SUBSECTION
(14):5
(I) "M
INERAL RESOURCES" HAS THE SAME MEANING AS SPECIFIED6
IN SECTION 36-1-100.3 (3).7
(II) "V
ALUATION ATTRIBUTABLE TO THE EXTRACTION OF MINERAL8
RESOURCES" INCLUDES:9
(A) T
HE VALUE OF OIL AND GAS LEASEHOLDS AND LAND AND10
SUBSURFACE OIL AND GAS WELL EQUIPMENT THAT IS VALUED FOR11
ASSESSMENT PURPOSES AS REAL PROPERTY UNDER SECTIONS 39-7-10212
AND 39-7-103; AND13
(B) S
URFACE OIL AND GAS WELL EQUIPMENT AND SUBMERSIBLE14
PUMPS AND SUCKER RODS THAT ARE LOCATED ON OIL AND GAS15
LEASEHOLDS AND LAND AND THAT ARE VALUED FOR ASSESSMENT16
PURPOSES AS PERSONAL PROPERTY UNDER SECTION 39-7-103.17
(15) THE COUNTY IN WHICH THE COUNTY REVITALIZATION18
AUTHORITY HAS BEEN ESTABLISHED SHALL TIMELY NOTIFY THE ASSESSOR19
WHEN:20
(a) T
HE COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL21
MODIFICATION OF THE PLAN HAS BEEN APPROVED THAT CONTAINS THE22
PROVISIONS REFERENCED IN SUBSECTION
(13)(a) OF THIS SECTION OR A23
SUBSTANTIAL MODIFICATION OF THE PLAN ADDS LAND TO THE PLAN ,24
WHICH PLAN CONTAINS THE PROVISIONS REFERENCED IN SUBSECTION25
(13)(a) OF THIS SECTION;26
(b) A
NY OUTSTANDING OBLIGATION INCURRED BY THE AUTHORITY27
1172
-52- PURSUANT TO THE PROVISIONS OF SUBSECTION (13) OF THIS SECTION HAS1
BEEN PAID OFF; AND2
(c) T
HE PURPOSES OF THE AUTHORITY HAVE OTHERWISE BEEN3
ACHIEVED.4(16) (a) NOT LATER THAN THIRTY DAYS AFTER THE COUNTY HAS5
PROVIDED THE COUNTY ASSESSOR THE NOTICE REQUIRED BY SUBSECTION6
(15)(a) OF THIS SECTION, THE COUNTY ASSESSOR MAY PROVIDE WRITTEN7
NOTICE TO THE COUNTY IF THE ASSESSOR BELIEVES THAT AGRICULTURAL8
LAND HAS BEEN IMPROPERLY INCLUDED IN THE COUNTY REVITALIZATION9
AREA IN VIOLATION OF SUBSECTION (1)(c)(II) OF THIS SECTION.10
(b) I
F THE NOTICE DESCRIBED IN SUBSECTION
(15)(a) OF THIS11
SECTION IS NOT DELIVERED WITHIN THE REQUIRED THIRTY -DAY PERIOD,12
THE INCLUSION OF THE LAND IN THE C OUNTY REVITALIZATION AREA AS13
DESCRIBED IN THE COUNTY REVITALIZATION PLAN IS INCONTESTABLE IN14
ANY SUIT OR PROCEEDING NOTWITHSTANDING THE PRESENCE OF ANY15
CAUSE.16
30-31-110. Disaster areas. (1) N
OTWITHSTANDING ANY OTHER17
PROVISIONS OF THIS ARTICLE 31, WHEN THE GOVERNING BODY CERTIFIES18
THAT AN AREA IS IN NEED OF REDEVELOPMENT OR REHABILITATION AS A19
RESULT OF A FLOOD, FIRE, HURRICANE, EARTHQUAKE, STORM, OR OTHER20
CATASTROPHE FOR WHICH THE GOVERNOR HAS CERTIFIED THE NEED FOR21
DISASTER ASSISTANCE PURSUANT TO THE "FEDERAL DISASTER RELIEF22
A
CT", PUB. L. 81-875, AS AMENDED, OR ANY OTHER RELEVANT FEDERAL23
LAW, THE GOVERNING BODY MAY DEEM SUCH AN AREA TO BE A24
REVITALIZATION AREA.25
(2) T
HE AUTHORITY MAY PREPARE AND SUBMIT TO THE26
GOVERNING BODY A PROPOSED COUNTY REVITALIZATION PLAN AND27
1172
-53- PROPOSED COUNTY REVITALIZATION PROJECT FOR AN AREA DEEMED A1
REVITALIZATION AREA PURSUANT TO SUBSECTION (1) OF THIS SECTION OR2
FOR ANY PORTION THEREOF , AND THE GOVERNING BODY MAY , BY3
RESOLUTION, APPROVE SUCH A PROPOSED COUNTY REVITALIZATION PLAN4
AND COUNTY REVITALIZATION PROJECT WITH OR WITHOUT MODIFICATIONS5
WITHOUT REGARD TO THE PROVISIONS OF THIS ARTICLE 31 REQUIRING A6
GENERAL OR MASTER PLAN FOR THE PHYSICAL DEVELOPMENT OF THE7
COUNTY AS A WHOLE , REVIEW BY THE PLANNING COMMISSION , OR A8
PUBLIC HEARING.9
30-31-111. Issuance of bonds by an authority. (1) A
N10
AUTHORITY HAS POWER TO ISSUE BONDS OF THE AUTHORITY FROM TIME TO11
TIME IN ITS DISCRETION TO FINANCE ITS ACTIVITIES OR OPERATIONS12
PURSUANT TO THIS ARTICLE 31, INCLUDING THE REPAYMENT WITH13
INTEREST OF ANY ADVANCES OR LOANS OF FUNDS MADE TO THE14
AUTHORITY BY THE FEDERAL GOVERNMENT OR OTHER SOURCE FOR ANY15
SURVEYS OR PLANS MADE OR TO BE MADE BY THE AUTHORITY IN16
EXERCISING ITS POWERS PURSUANT TO THIS ARTICLE 31 AND ALSO HAS17
POWER TO ISSUE REFUNDING OR OTHER BONDS OF THE AUTHORITY IN ITS18
DISCRETION FOR THE PAYMENT, RETIREMENT, RENEWAL, OR EXTENSION OF19
ANY BONDS PREVIOUSLY ISSUED PURSUANT TO THIS SECTION AND TO20
PROVIDE FOR THE REPLACEMENT OF LOST , DESTROYED, OR MUTILATED21
BONDS PREVIOUSLY ISSUED PURSUANT TO THIS SECTION .22
(2) (a) B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE23
GENERAL OBLIGATION BONDS OF THE AUTHORITY THE PAYMENT OF WHICH ,24
AS TO PRINCIPAL AND INTEREST AND PREMIUMS , IF ANY, THE FULL FAITH,25
CREDIT, AND ASSETS, ACQUIRED AND TO BE ACQUIRED, OF THE AUTHORITY26
ARE IRREVOCABLY PLEDGED .27
1172
-54- (b) BONDS ISSUED PURSUANT TO THIS SECTION MAY BE SPECIAL1
OBLIGATIONS OF THE AUTHORITY WHICH , AS TO PRINCIPAL AND INTEREST2
AND PREMIUMS, IF ANY, ARE PAYABLE SOLELY FROM AND SECURED ONLY3
BY A PLEDGE OF ANY INCOME, PROCEEDS, REVENUES, OR FUNDS OF THE4
AUTHORITY DERIVED OR TO BE DERIVED BY IT FROM OR HELD OR TO BE5
HELD BY IT IN CONNECTION WITH ITS UNDERTAKING OF ANY PROJECT OF6
THE AUTHORITY, INCLUDING MONEY TO BE PAID TO AN AUTHORITY7
PURSUANT TO SECTION 30-31-109 (13) AND INCLUDING ANY GRANTS OR8
CONTRIBUTIONS OF MONEY MADE OR TO BE MADE BY IT WITH RESPECT TO9
ANY SUCH PROJECT AND ANY MONEY DERIVED OR TO BE DERIVED BY IT10
FROM OR HELD OR TO BE HELD BY IT IN CONNECTION WITH ITS SALE, LEASE,11
RENTAL, TRANSFER, RETENTION, MANAGEMENT , REHABILITATION,12
CLEARANCE, DEVELOPMENT, REDEVELOPMENT , PREPARATION FOR13
DEVELOPMENT OR REDEVELOPMENT , OR ITS OPERATION OR OTHER14
UTILIZATION OR DISPOSITION OF ANY REAL OR PERSONAL PROPERTY15
ACQUIRED OR TO BE ACQUIRED BY IT OR HELD OR TO BE HELD BY IT FOR16
ANY OF THE PURPOSES OF THIS ARTICLE 31 AND INCLUDING ANY LOANS,17
GRANTS, OR CONTRIBUTIONS OF FUNDS MADE OR TO BE MADE TO IT BY THE18
FEDERAL GOVERNMENT IN AID OF ANY PROJECT OF THE AUTHORITY OR IN19
AID OF ANY OF ITS OTHER ACTIVITIES OR OPERATIONS.20
(c) B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SPECIAL21
OBLIGATIONS OF THE AUTHORITY THAT , AS TO PRINCIPAL AND INTEREST22
AND PREMIUMS, IF ANY, ARE PAYABLE SOLELY FROM AND SECURED ONLY23
BY A PLEDGE OF ANY L OANS , GRANTS, OR CONTRIBUTIONS OF MONEY24
MADE OR TO BE MADE TO IT BY THE FEDERAL GOVERNMENT OR OTHER25
SOURCE IN AID OF ANY PROJECT OF THE AUTHORITY OR IN AID OF ANY OF26
ITS OTHER ACTIVITIES OR OPERATIONS.27
1172
-55- (d) BONDS ISSUED PURSUANT TO THIS SECTION MAY BE1
CONTINGENT SPECIAL OBLIGATIONS OF THE AUTHORITY WHICH , AS TO2
PRINCIPAL AND INTEREST AND PREMIUMS , IF ANY, ARE PAYABLE SOLELY3
FROM ANY MONEY AVAILABLE OR BECOMING AVAILABLE TO THE4
AUTHORITY FOR ITS UNDERTAKING OF THE PROJECT INVOLVED IN THE5
PARTICULAR ACTIVITIES OR OPERATIONS WITH RESPECT TO WHICH THE6
CONTINGENT SPECIAL OBLIGATIONS ARE ISSUED BUT PAYABLE ONLY IF7
MONEY IS OR BECOMES AVAILABLE AS PROVIDED IN THIS SUBSECTION (2).8
(3) N
OTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION ,9
ANY BONDS ISSUED PURSUANT TO THIS SECTION , OTHER THAN THE10
CONTINGENT SPECIAL OBLIGATIONS COVERED BY SUBSECTION (2)(d) OF11
THIS SECTION, MAY BE ADDITIONALLY SECURED AS TO THE PAYMENT OF12
THE PRINCIPAL AND INTEREST AND PREMIUMS , IF ANY, BY A MORTGAGE OF13
ANY COUNTY REVITALIZATION PROJECT , OR ANY PART THEREOF, TITLE TO14
WHICH IS THEN OR THEREAFTER IN THE AUTHORITY OR OF ANY OTHER15
REAL OR PERSONAL PROPERTY OR INTERESTS THEREIN THEN OWNED OR16
THEREAFTER ACQUIRED BY THE AUTHORITY .17
(4) N
OTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION ,18
GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THIS SECTION MAY BE19
ADDITIONALLY SECURED AS TO PAYMENT OF THE PRINCIPAL AND INTEREST20
AND PREMIUMS, IF ANY, AS PROVIDED IN EITHER SUBSECTION (2)(b) OR21
SUBSECTION (2)(c) OF THIS SECTION, WITH OR WITHOUT BEING ALSO22
ADDITIONALLY SECURED AS TO PAYMENT OF THE PRINCIPAL , INTEREST,23
AND PREMIUMS, IF ANY, BY A MORTGAGE AS PROVIDED IN SUBSECTION (3)24
OF THIS SECTION OR A TRUST AGREEMENT AS PROVIDED IN SUBSECTION (5)25
OF THIS SECTION.26
(5) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,27
1172
-56- ANY BONDS PURSUANT TO THIS SECTION MAY BE ADDITIONALLY SECURED1
AS TO THE PAYMENT OF THE PRINCIPAL, INTEREST, AND PREMIUMS, IF ANY,2
BY A TRUST AGREEMENT BY AND BETWEEN THE AUTHORITY AND A3
CORPORATE TRUSTEE, WHICH MAY BE ANY TRUST COMPANY OR BANK4
HAVING THE POWERS OF A TRUST COMPANY WITHIN OR WITHOUT THE5
STATE OF COLORADO.6
(6) B
ONDS ISSUED PURSUANT TO THIS SECTION DO NOT7
CONSTITUTE AN INDEBTEDNESS OF THE STATE OF COLORADO OR OF ANY8
COUNTY, MUNICIPALITY, OR PUBLIC BODY OF THE STATE OF COLORADO9
OTHER THAN THE COUNTY REVITALIZATION AUTHORITY ISSUING SUCH10
BONDS AND ARE NOT SUBJECT TO THE PROVISIONS OF ANY OTHER LAW OR11
OF THE CHARTER OF ANY COUNTY RELATING TO THE AUTHORIZATION ,12
ISSUANCE, OR SALE OF BONDS.13
(7) B
ONDS ISSUED PURSUANT TO THIS SECTION ARE ISSUED FOR AN14
ESSENTIAL PUBLIC AND GOVERNMENTAL PURPOSE AND , TOGETHER WITH15
INTEREST THEREON AND INCOME THEREFROM , ARE EXEMPT FROM ALL16
TAXES.17
(8) (a) B
ONDS ISSUED PURSUANT TO THIS SECTION MUST BE18
AUTHORIZED BY A RESOLUTION OF THE AUTHORITY AND MAY BE ISSUED IN19
ONE OR MORE SERIES AND MUST BEAR SUCH DATE , BE PAYABLE UPON20
DEMAND OR MATURE AT SUCH TIME , BEAR INTEREST AT SUCH RATE, BE IN21
SUCH DENOMINATION, BE IN SUCH FORM, EITHER COUPON OR REGISTERED22
OR OTHERWISE, CARRY SUCH CONVERSION OR REGISTRATION PRIVILEGES ,23
HAVE SUCH RANK OR PRIORITY , BE EXECUTED IN THE NAME OF THE24
AUTHORITY IN SUCH MANNER, BE PAYABLE IN SUCH MEDIUM OF PAYMENT,25
BE PAYABLE AT SUCH PLACE , BE SUBJECT TO SUCH CALLABILITY26
PROVISIONS OR TERMS OF REDEMPTION , WITH OR WITHOUT PREMIUMS, BE27
1172
-57- SECURED IN SUCH MANNER , BE OF SUCH DESCRIPTION, CONTAIN OR BE1
SUBJECT TO SUCH COVENANTS , PROVISIONS, TERMS, CONDITIONS, AND2
AGREEMENTS INCLUDING PROVISIONS CONCERNING EVENTS OF DEFAULT ,3
AND HAVE SUCH OTHER CHARACTERISTICS AS MAY BE PROVIDED BY THE4
RESOLUTION OR BY THE TRUST AGREEMENT , INDENTURE, OR MORTGAGE,5
IF ANY, ISSUED PURSUANT TO THE RESOLUTION .6
(b) T
HE SEAL, OR A FACSIMILE THEREOF, OF THE AUTHORITY MUST7
BE AFFIXED, IMPRINTED, ENGRAVED, OR OTHERWISE REPRODUCED UPON8
EACH OF ITS BONDS ISSUED PURSUANT TO THIS SECTION .9
(c) B
ONDS ISSUED PURSUANT TO THIS SECTION MUST BE EXECUTED10
IN THE NAME OF THE AUTHORITY BY THE MANUAL , OR FACSIMILE11
SIGNATURES OF SUCH OF ITS OFFICIALS AS MAY BE DESIGNATED IN THE12
SAID RESOLUTION OR TRUST AGREEMENT , INDENTURE, OR MORTGAGE;13
EXCEPT THAT AT LEAST ONE SIGNATURE ON EACH SUCH BOND MUST BE A14
MANUAL SIGNATURE.15
(d) C
OUPONS, IF ANY, ATTACHED TO BONDS ISSUED PURSUANT TO16
THIS SECTION MUST BEAR THE FACSIMILE SIGNATURE OF AN OFFICIAL OF17
THE AUTHORITY DESIGNATED PURSUANT TO THIS SUBSECTION (8).18
(e) A
RESOLUTION OR TRUST AGREEMENT , INDENTURE, OR19
MORTGAGE MAY PROVIDE FOR THE AUTHENTICATION OF THE PERTINENT20
BONDS BY THE TRUSTEE.21
(9) B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SOLD BY22
THE AUTHORITY IN SUCH MANNER AND FOR SUCH PRICE AS THE AUTHORITY23
MAY DETERMINE, AT PAR, BELOW PAR, OR ABOVE PAR, AT PRIVATE SALE24
OR AT PUBLIC SALE AFTER NOTICE PUBLISHED BEFORE SALE IN A25
NEWSPAPER HAVING GENERAL CIRCULATION IN THE COUNTY OR IN26
ANOTHER MEDIUM OF PUBLICATION THAT THE AUTHORITY MAY DEEM27
1172
-58- APPROPRIATE.1
(10) B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE2
EXCHANGED BY THE AUTHORITY FOR OTHER BONDS ISSUED BY IT3
PURSUANT TO THIS SECTION.4
(11) B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SOLD BY5
AN AUTHORITY TO THE FEDERAL GOVERNMENT IF THE AUTHORITY SELLS6
LESS THAN ALL OF THE AUTHORIZED PRINCIPAL AMOUNT OF THE BONDS TO7
THE FEDERAL GOVERNMENT , THE AUTHORITY MAY SELL THE BALANCE OR8
ANY PORTION OF THE BALANCE AT PRIVATE SALE AT PAR , BELOW PAR, OR9
ABOVE PAR, AT AN INTEREST COST TO THE AUTHORITY NOT TO EXCEED THE10
INTEREST COST TO THE AUTHORITY OF THE PORTION OF THE BONDS SOLD11
BY THE AUTHORITY TO THE FEDERAL GOVERNMENT .12
30-31-112. Property of an authority exempt from taxes and13
from levy and sale by virtue of an execution. (1) (a) A
LL PROPERTY OF14
AN AUTHORITY, INCLUDING ALL MONEY OWNED OR HELD BY IT FOR ANY OF15
THE PURPOSES OF THIS ARTICLE 31, IS EXEMPT FROM BOTH THE LEVY OF16
PROPERTY TAXES AND SALE BY VIRTUE OF AN EXECUTION , AND NO SUCH17
EXECUTION OR OTHER JUDICIAL PROCESS MAY ISSUE AGAINST THE18
PROPERTY OF AN AUTHORITY NOR MAY A JUDGMENT AGAINST THE19
AUTHORITY BE A CHARGE OR LIEN UPON SUCH PROPERTY .20
(b) T
HIS SUBSECTION (1) DOES NOT APPLY TO OR LIMIT EITHER:21
(I) T
HE RIGHT OF OBLIGEES TO FORECLOSE OR OTHERWISE22
ENFORCE ANY MORTGAGE , DEED OF TRUST , TRUST AGREEMENT ,23
INDENTURE, OR OTHER ENCUMBRANCE OF THE AUTHORITY ; OR24
(II) T
HE RIGHT OF OBLIGEES TO PURSUE ANY REMEDIES FOR THE25
ENFORCEMENT OF ANY PLEDGE OR LIEN GIVEN BY THE AUTHORITY26
PURSUANT TO THIS ARTICLE 31 ON ITS RENTS, INCOME, PROCEEDS,27
1172
-59- REVENUES, LOANS, GRANTS, CONTRIBUTIONS, AND OTHER MONEY AND1
ASSETS DERIVED OR ARISING FROM ANY PROJECT OF THE AUTHORITY OR2
FROM ANY OF ITS OPERATIONS OR ACTIVITIES PURSUANT TO THIS ARTICLE3
31.4
(2) A
LL PROPERTY OF AN AUTHORITY ACQUIRED OR HELD BY IT FOR5
ANY OF THE PURPOSES OF THIS ARTICLE 31, INCLUDING ALL MONEY OF AN6
AUTHORITY ACQUIRED OR HELD BY IT FOR ANY OF THESE PURPOSES , IS7
PUBLIC PROPERTY USED FOR ESSENTIAL PUBLIC AND GOVERNMENTAL8
PURPOSES, AND BOTH THE PROPERTY AND THE AUTHORITY ARE EXEMPT9
FROM ALL TAXES OF THE STATE OF COLORADO OR ANY OTHER PUBLIC10
BODY; EXCEPT THAT THIS TAX EXEMPTION FOR ANY PROPERTY ENDS WHEN11
THE AUTHORITY SELLS , LEASES, OR OTHERWISE DISPOSES OF THE12
PARTICULAR PROPERTY TO A PURCHASER , LESSEE, OR OTHER ALIENEE13
THAT IS NOT A PUBLIC BODY ENTITLED TO TAX EXEMPTION WITH RESPECT14
TO THE PARTICULAR PROPERTY.15
30-31-113. Title of purchaser, lessee, or transferee. A
NY16
INSTRUMENT EXECUTED BY AN AUTHORITY AND PURPORTING TO CONVEY17
ANY RIGHT, TITLE, OR INTEREST OF THE AUTHORITY IN ANY PROPERTY18
PURSUANT TO THIS ARTICLE 31 IS CONCLUSIVELY PRESUMED TO HAVE19
BEEN MADE AND EXECUTED IN COMPLIANCE WITH THE PROVISIONS OF THIS20
ARTICLE 31 INSOFAR AS TITLE OR OTHER INTEREST OF ANY BONA FIDE21
PURCHASERS, LESSEES, OR TRANSFEREES OF SUCH PROPERTY IS22
CONCERNED.23
30-31-114. Cooperation by public bodies with county24
revitalization authorities. (1) A
NY PUBLIC BODY, WITHIN ITS POWERS,25
PURPOSES, AND FUNCTIONS AND FOR THE PURPOSE OF AIDING AN26
AUTHORITY IN OR IN CONNECTION WITH THE PLANNING OR UNDERTAKING27
1172
-60- PURSUANT TO THIS ARTICLE 31 OF ANY PLANS, PROJECTS, PROGRAMS,1
WORKS, OPERATIONS, OR ACTIVITIES OF AN AUTHORITY WHOSE AREA OF2
OPERATION IS SITUATED IN WHOLE OR IN PART WITHIN THE AREA IN WHICH3
THE PUBLIC BODY IS AUTHORIZED TO ACT , UPON TERMS AS THE PUBLIC4
BODY SHALL DETERMINE, MAY:5
(a) S
ELL, CONVEY, OR LEASE ANY OF THE PUBLIC BODY'S PROPERTY6
OR GRANT EASEMENTS , LICENSES, OR OTHER RIGHTS OR PRIVILEGES7
THEREIN TO THE AUTHORITY;8
(b) I
NCUR THE ENTIRE EXPENSE OF ANY PUBLIC IMPROVEMENTS9
MADE BY THE PUBLIC BODY IN EXERCISING THE POWERS MENTIONED IN10
THIS SECTION;11
(c) D
O EVERYTHING NECESSARY TO AID OR COOPERATE WITH THE12
AUTHORITY IN OR IN CONNECTION WITH THE PLANNING OR UNDERTAKING13
OF ANY PLANS, PROJECTS, PROGRAMS, WORKS, OPERATIONS, OR14
ACTIVITIES;15
(d) E
NTER INTO AGREEMENTS WITH THE AUTHORITY RESPECTING16
ACTION TO BE TAKEN PURSUANT TO ANY OF THE POWERS SET FORTH IN17
THIS ARTICLE 31, INCLUDING AGREEMENTS RESPECTING THE PLANNING OR18
UNDERTAKING OF ANY PLANS, PROJECTS, PROGRAMS, WORKS, OPERATIONS,19
OR ACTIVITIES WHICH THE PUBLIC BODY IS OTHERWISE EMPOWERED TO20
UNDERTAKE;21
(e) C
AUSE PUBLIC BUILDINGS AND PUBLIC FACILITIES, INCLUDING22
PARKS, PLAYGROUNDS, RECREATIONAL, COMMUNITY, EDUCATIONAL,23
WATER, GARBAGE DISPOSAL, SEWER, SEWAGE, SEWERAGE, OR DRAINAGE24
FACILITIES, OR ANY OTHER PUBLIC WORKS, IMPROVEMENTS, FACILITIES, OR25
UTILITIES WHICH THE PUBLIC BODY IS OTHERWISE EMPOWERED TO26
UNDERTAKE, TO BE FURNISHED WITHIN THE AREA IN WHICH THE PUBLIC27
1172
-61- BODY IS AUTHORIZED TO ACT;1
(f) F
URNISH, DEDICATE, ACCEPT DEDICATION OF, OPEN, CLOSE,2
VACATE, INSTALL, CONSTRUCT, RECONSTRUCT, PAVE, REPAVE, REPAIR,3
REHABILITATE, IMPROVE, GRADE, REGRADE, PLAN, OR REPLAN PUBLIC4
STREETS, ROADS, ROADWAYS, PARKWAYS, ALLEYS, SIDEWALKS, AND5
OTHER PUBLIC WAYS OR PLACES WITHIN THE AREA IN WHICH THE PUBLIC6
BODY IS AUTHORIZED TO ACT TO THE EXTENT THAT THE ITEMS OR7
MATTERS ARE, UNDER ANY OTHER LAW , OTHERWISE WITHIN THE8
JURISDICTION OF THE PUBLIC BODY;9
(g) P
LAN OR REPLAN AND ZONE OR REZONE ANY PART OF THE AREA10
UNDER THE JURISDICTION OF THE PUBLIC BODY OR MAKE EXCEPTIONS11
FROM ITS BUILDING REGULATIONS;12
(h) C
AUSE ADMINISTRATIVE OR OTHER SERVICES TO BE FURNISHED13
TO THE AUTHORITY; OR14
(i) D
ESIGNATE ANY PORTION OF THE SALES TAX REVENUE IT15
RECEIVES TO THE AUTHORITY.16
(2) I
F AT ANY TIME TITLE TO OR POSSESSION OF THE WHOLE OR ANY17
PORTION OF ANY PROJECT OF THE AUTHORITY UNDER THIS ARTICLE 31 IS18
HELD BY ANY GOVERNMENTAL AGENCY OR PUBLIC BODY , OTHER THAN19
THE AUTHORITY, WHICH IS AUTHORIZED BY LAW TO ENGAGE IN THE20
UNDERTAKING, CARRYING OUT, OR ADMINISTRATION OF ANY PROJECT ,21
INCLUDING ANY AGENCY OR INSTRUMENTALITY OF THE UNITED STATES,22
THE PROVISIONS OF THE AGREEMENTS REFERRED TO IN SUBSECTION (1)(d)23
OF THIS SECTION INURE TO THE BENEFIT OF AND MAY BE ENFORCED BY THE24
GOVERNMENTAL AGENCY OR PUBLIC BODY .25
(3) A
NY PUBLIC BODY REFERRED TO IN SUBSECTION (1) OF THIS26
SECTION MAY, IN ADDITION TO ITS AUTHORITY PURSUANT TO ANY OTHER27
1172
-62- LAW TO ISSUE ITS BONDS FOR ANY PURPOSES , ISSUE AND SELL ITS BONDS1
FOR ANY OF THE PURPOSES OF THE PUBLIC BODY STATED IN THIS SECTION .2
(4) F
OR THE ADVANCEMENT OF THE PUBLIC INTEREST AND FOR THE3
PURPOSE OF AIDING AND COOPERATING IN THE PLANNING , ACQUISITION,4
DEMOLITION, REHABILITATION, CONSTRUCTION, OR RELOCATION, OR5
OTHERWISE ASSISTING THE OPERATION OR ACTIVITIES OF THE COUNTY6
REVITALIZATION PROJECT LOCATED WHOLLY OR PARTLY WITHIN THE AREA7
IN WHICH IT IS AUTHORIZED TO ACT, A PUBLIC BODY MAY ENTER INTO8
AGREEMENTS ,WHICH MAY EXTEND OVER ANY PERIOD NOTWITHST ANDING9
ANY PROVISION OF LAW TO THE CONTRARY , WITH AN AUTHORITY10
RESPECTING ACTION TAKEN OR TO BE TAKEN PURSUANT TO ANY OF THE11
POWERS GRANTED BY THIS ARTICLE 31.12
30-31-115. Designation - transfer - abolishment.13
(1) N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 31, THE14
GOVERNING BODY MAY DESIGNATE ITSELF AS THE AUTHORITY WHEN15
ORIGINALLY ESTABLISHING AN AUTHORITY . A TRANSFER OF AN EXISTING16
AUTHORITY TO THE GOVERNING B ODY MAY BE ACCOMPLISHED ONLY BY17
MAJORITY VOTE AT A REGULAR ELECTION .18
(2) W
HEN THE GOVERNING B ODY DESIGNATES ITSELF AS THE19
AUTHORITY OR TRANSFERS AN EXISTING AUTHORITY TO THE GOVERNING20
BODY PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE GOVERNING21
BODY SHALL APPOINT THE AUTHORITY COMMISSIONERS IN ACCORDANCE22
WITH SECTION 30-31-104 (2).23
(3) T
HE GOVERNING BODY OF THE COUNTY MAY , BY RESOLUTION,24
PROVIDE FOR THE ABOLISHMENT OF THE COUNTY REVITALIZATION25
AUTHORITY SO LONG AS ADEQUATE ARRANGEMENTS HAVE BEEN MADE26
FOR PAYMENT OF ANY OUTSTANDING INDEBTEDNESS AND OTHER27
1172
-63- OBLIGATIONS OF THE AUTHORITY. ANY SUCH ABOLISHMENT IS EFFECTIVE1
UPON A DATE SET FORTH IN THE ORDINANCE AND THIS DATE MUST NOT BE2
LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE ORDINANCE .3
30-31-116. Regional tourism projects. (1) A
COUNTY4
REVITALIZATION AUTHORITY THAT IS DESIGNATED AS A FINANCING ENTITY5
PURSUANT TO PART 3 OF ARTICLE 46 OF TITLE 24, HAS ALL THE POWERS6
NECESSARY OR CONVENIENT TO CARRY OUT AND EFFECTUATE THE7
PURPOSES AND PROVISIONS OF PART 3 OF ARTICLE 46 OF TITLE 24,8
INCLUDING THE POWER TO RECEIVE STATE SALES TAX INCREMENT9
REVENUE GENERATED WITHIN AN APPROVED REGIONAL TOURISM ZONE , AS10
DEFINED IN SECTION 24-46-303 (11), AND TO DISBURSE AND OTHERWISE11
UTILIZE SUCH REVENUE FOR ALL LAWFUL PURPOSES , INCLUDING12
FINANCING ELIGIBLE COSTS AND THE DESIGN , CONSTRUCTION,13
MAINTENANCE, AND OPERATION OF ELIGIBLE IMPROVEMENTS , AS SUCH14
TERMS ARE DEFINED IN SECTION 24-46-303 OR OTHERWISE INCORPORATED15
INTO THE COMMISSION'S CONDITIONS OF APPROVAL.16
(2) N
OTWITHSTANDING SECTION 30-31-109 (8), AUTHORIZATION17
TO RECEIVE STATE SALES TAX INCREMENT REVENUE PURSUANT TO PART18
3
OF ARTICLE 46 OF TITLE 24, IS A MATERIAL MODIFICATION TO THE PLAN,19
AND CORRESPONDING CHANGES TO THE PLAN MAY BE MADE BY THE20
GOVERNING BODY OF THE AUTHORITY TO INCORPORATE THE USE OF STATE21
SALES TAX INCREMENT REVENUE WITHOUT THE REQUIREMENT OF22
SUBMISSION TO OR APPROVAL BY THE GOVERNING BODY OF THE COUNTY23
THAT HAS ESTABLISHED THE AUTHORITY .24
(3) A
NY COUNTY REVITALIZATION AUTHORITY THAT RECEIVES25
STATE SALES TAX INCREMENT REVENUE , WHETHER PURSUANT TO26
DESIGNATION AS A FINANCING ENTITY PURSUANT TO PART 3 OF ARTICLE 4627
1172
-64- OF TITLE 24, OR PURSUANT TO A CONTRACT ENTERED INTO WITH ANY SUCH1
FINANCING ENTITY, SHALL NOT USE THE STATE SALES TAX INCREMENT2
REVENUE TO ACQUIRE PROPERTY THROUGH THE EXERCISE OF EMINENT3
DOMAIN.4
(4) N
OTHING IN THIS SECTION ELIMINATES THE REQUIREMENTS FOR5
THE AUTHORIZATION OF A NEW COUNTY REVITALIZATION AUTHORITY6
PURSUANT TO THIS ARTICLE 31.7
30-31-117. Cumulative powers. T
HE POWERS CONFERRED BY8
THIS ARTICLE 31 ARE IN ADDITION AND SUPPLEMENTAL TO THE POWERS9
CONFERRED BY ANY OTHER LAW .10
30-31-118. Inclusion of incorporated territory in a county11
revitalization area. (1) NOTWITHSTANDING ANY OTHER PROVISION OF12
THIS ARTICLE 31, A COUNTY REVITALIZATION PLAN , COUNTY13
REVITALIZATION PROJECT, OR COUNTY REVITALIZATION AREA MAY14
INCLUDE INCORPORATED TERRITORY THAT IS WITHIN THE BOUNDARIES OF15
A MUNICIPALITY AND CONTIGUOUS TO A PORTION OF AN URBAN RENEWAL16
AREA LOCATED OUTSIDE OF THE MUNICIPALITY 'S BOUNDARIES. NO SUCH17
TERRITORY SHALL BE INCLUDED IN THE PLAN, PROJECT, OR AREA WITHOUT18
THE CONSENT OF THE GOVERNING BODY OF THE MUNICIPALITY EXERCISING19
JURISDICTION OVER THE INCORPORATED TERRITORY PROPOSED FOR20
INCLUSION AND THE CONSENT OF EACH OWNER OF, AND EACH HOLDER OF21
A RECORDED MORTGAGE OR DEED OF TRUST ENCUMBERING, REAL22
PROPERTY WITHIN THE INCORPORATED AREA PROPOSED FOR INCLUSION . 23
(2) IN ADDITION TO THE PROCEDURES FOR APPROVAL OF A24
PROPOSED COUNTY REVITALIZATION PLAN BY THE COUNTY PURSUANT TO25
SECTION 30-31-109, INCORPORATED TERRITORY MUST ONLY BE INCLUDED26
IN THE COUNTY REVITALIZATION PLAN, PROJECT, OR AREA UPON THE27
1172
-65- APPROVAL OF THE GOVERNING BODY OF THE MUNICIPALITY :1
(a) MAKING A DETERMINATION THAT THE AREA PROPOSED FOR2
INCLUSION IN THE COUNTY REVITALIZATION PLAN IS A REVITALIZATION3
AREA AND DESIGNATING THE AREA AS APPROPRIATE FOR A COUNTY4
REVITALIZATION PROJECT IN THE MANNER PROVIDED IN SECTION5
30-31-109 (1);6
(b) REFERRING THE COUNTY REVITALIZATION PLAN TO THE7
PLANNING COMMISSION OF THE MUNICIPALITY FOR A DETERMINATION AS8
TO THE CONFORMITY OF THE COUNTY REVITALIZATION PLAN WITH THE9
GENERAL PLAN FOR DEVELOPMENT FOR THE MUNICIPALITY IN THE MANNER10
PROVIDED IN SECTION 30-31-109 (2);11
(c) CONDUCTING A PUBLIC HEARING AND MAKING FINDINGS AND12
A DETERMINATION TO APPROVE INCLUSION OF THE INCORPORATED13
TERRITORY IN THE COUNTY REVITALIZATION PLAN , PROJECT, OR AREA IN14
THE MANNER PROVIDED IN SECTION 30-31-109 (5)(a), (5)(b)(I) THROUGH15
(5)(b)(IV), (5)(c), (5)(d), (6), (8), AND (9);16
(d) MAKING AN ADDITIONAL FINDING THAT EACH OWNER OF, AND17
EACH HOLDER OF A RECORDED MORTGAGE OR DEED OF TRUST18
ENCUMBERING, REAL PROPERTY IN THE INCORPORATED TERRITORY19
PROPOSED FOR INCLUSION IN THE COUNTY REVITALIZATION PLAN,20
PROJECT, OR AREA CONSENTS TO THE INCLUSION; AND21
(e) DETERMINING WHETHER THE INCORPORATED TERRITORY MUST22
BE INCLUDED IN ANY PROVISION FOR THE DIVISION OF TAXES IN THE23
COUNTY REVITALIZATION AREA AS AUTHORIZED BY SECTION 30-31-10924
(13), AND, IF SO DETERMINED, NOTIFYING THE COUNTY ASSESSOR OF SUCH25
INCLUSION AS REQUIRED BY SECTION 30-31-109 (15).26
(4) ANY COUNTY REVITALIZATION PLAN APPROVED IN27
1172
-66- ACCORDANCE WITH THIS SECTION MAY BE MODIFIED AS PROVIDED IN1
SECTION 30-31-109 (10); EXCEPT THAT A MODIFICATION MUST BE2
APPROVED BY THE GOVERNING BODY OF THE MUNICIPALITY, THE COUNTY,3
AND THE AUTHORITY.4
(5) AN AUTHORITY, A COUNTY, AND A MUNICIPALITY MAY ,5
CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION, ENTER INTO AN6
INTERGOVERNMENTAL AGREEMENT TO FURTHER EFFECTUATE THE7
PURPOSES OF THIS SECTION AND TO PROVIDE FOR THE INCLUSION OF8
INCORPORATED TERRITORY IN A COUNTY REVITALIZATION AREA .9
(6) THIS SECTION DOES NOT APPLY TO THE INCLUSION OF10
TERRITORY IN A COUNTY REVITALIZATION AREA AS A RESULT OF11
ANNEXATION.12
SECTION 2. In Colorado Revised Statutes, add article 7.5 to title13
38 as follows:14
ARTICLE 7.515
Eminent Domain by County Revitalization Authorities - Vesting16
38-7.5-101. Motion for vesting - contents. (1) (a) I
N ANY17
PROCEEDING INITIATED BY A COUNTY REVITALIZATION AUTHORITY , AS18
DEFINED IN SECTION 30-31-103 (6), UNDER THE PROVISIONS OF ARTICLE 119
OF THIS TITLE, THE PETITIONER OR ANY RESPONDENT, AT ANY TIME AFTER20
THE PETITION HAS BEEN FILED AND BEFORE JUDGMENT IS ENTERED IN THE21
PROCEEDING, MAY FILE A WRITTEN VERIFIED MOTION REQUESTING THAT ,22
IMMEDIATELY OR AT SOME SPECIFIED LATER DATE , THE PETITIONER BE23
VESTED WITH FEE SIMPLE TITLE, OR SOME LESSER ESTATE, INTEREST, OR24
EASEMENT, AS MAY BE REQUIRED, TO THE REAL PROPERTY, OR A SPECIFIED25
PORTION THEREOF, WHICH IS THE SUBJECT OF THE PROCEEDING , AND BE26
AUTHORIZED TO TAKE POSSESSION OF AND USE SUCH PROPERTY .27
1172
-67- (b) ANY MOTION FILED BY ANY RESPONDENT AFFECTS , AND IS1
LIMITED IN APPLICATION TO, THE PROPERTY IN WHICH THE RESPONDENT2
HAS AN INTEREST.3
(c) A
LL THE OWNERS OF RECORD OF PROPERTY SHALL JOIN IN ANY4
MOTION FILED BY ANY RESPONDENT UNDER THIS SECTION , UNLESS ONE OR5
MORE OF THE OWNERS OF RECORD CANNOT BY DUE DILIGENCE BE FOUND ,6
IN WHICH INSTANCE THIS FACT MUST BE STATED IN THE MOTION .7
(2) T
HE MOTION DESCRIBED IN SUBSECTION (1) OF THIS SECTION,8
REFERRED TO IN THIS ARTICLE 7.5 AS THE "MOTION FOR VESTING", MUST9
SET FORTH:10
(a) A
N ACCURATE DESCRIPTION OF THE PROPERTY TO WHICH THE11
MOTION RELATES AND THE ESTATE OR INTEREST SOUGHT TO BE ACQUIRED12
OR DIVESTED; BUT, IN ANY MOTION FOR VESTING FILED BY ANY13
RESPONDENT, THE INTEREST SOUGHT TO BE DIVESTED MUST BE THE14
INTEREST DESCRIBED IN THE PETITION IN EMINENT DOMAIN ;15
(b) T
HE NAMES OF THE OWNERS OF RECORD OF THE PROPERTY16
DESCRIBED IN THE MOTION FOR VESTING ; AND17
(c) T
HE DATE UPON WHICH IT IS REQUESTED THAT THE ESTATE OR18
INTEREST SOUGHT TO BE ACQUIRED OR DIVESTED VEST IN THE PETITIONER19
AND THE DATE UPON WHICH IT IS REQUESTED THAT THE PETITIONER BE20
ENTITLED TO POSSESSION AND USE OF THE SUBJECT PROPERTY .21
38-7.5-102. Motion for vesting - procedure with respect22
thereto. (1) (a) T
HE COURT SHALL SET A DATE , NOT LESS THAN23
TWENTY-ONE DAYS AFTER THE FILING OF A MOTION FOR VESTING, FOR THE24
HEARING THEREON, AND THE COURT SHALL REQUIRE AT LEAST FOURTEEN25
DAYS NOTICE TO BE GIVEN TO EACH PARTY TO THE PROCEEDING WHOSE26
INTERESTS WOULD BE AFFECTED BY THE TAKING REQUESTED .27
1172
-68- (b) THE AVERMENTS IN THE MOTION AND THE NECESSITY FOR THE1
VESTING OF TITLE, OR SOME LESSER ESTATE , BEFORE THE FINAL2
DETERMINATION OF JUST COMPENSATION ARE DEEMED ADMITTED UNLESS3
SUCH AVERMENTS ARE CONTROVERTED IN A RESPONSIVE PLEADING FILED4
AT OR BEFORE THE HEARING ON THE MOTION FOR VESTING .5
(2) A
T THE HEARING ON A MOTION FOR VESTING , IF THE6
AVERMENTS IN THE MOTION HAVE BEEN CONTROVERTED IN RESPONSIVE7
PLEADINGS FILED AT OR BEFORE THE HEARING AND IF THE COURT HAS NOT8
PREVIOUSLY, IN THE SAME PROCEEDING , DETERMINED THAT THE9
AVERMENTS ARE TRUE, THE COURT SHALL FIRST HEAR AND DETERMINE :10
(a) T
HE AUTHORITY OF THE PETITIONER TO EXERCISE THE RIGHT OF11
EMINENT DOMAIN;12
(b) W
HETHER THE PROPERTY DESCRIBED IN THE MOTION FOR13
VESTING IS SUBJECT TO THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN ;14
AND15
(c) W
HETHER THE RIGHT OF EMINENT DOMAIN IS BEING PROPERLY16
EXERCISED IN THE PARTICULAR PROCEEDING .17
(3) F
AILURE TO RAISE THE ISSUES ENUMERATED IN SUBSECTION (2)18
OF THIS SECTION, AT OR BEFORE THE HEARING ON THE MOTION FOR19
VESTING, CONSTITUTES A WAIVER INSOFAR AS THE ISSUES RELATE TO THE20
PROPERTY DESCRIBED IN THE MOTION FOR VESTING . THE COURT'S ORDER21
THEREON IS A FINAL ORDER, AND AN APPEAL MAY BE OBTAINED FOR THE22
REVIEW THEREOF BY EITHER PARTY WITHIN TWENTY -ONE DAYS AFTER THE23
ENTRY OF THE ORDER BUT NOT THEREAFTER UNLESS THE APPELLATE24
COURT, ON GOOD CAUSE SHOWN, EXTENDS THE TIME FOR OBTAINING AN25
APPEAL WITHIN TWENTY-ONE DAYS. APPELLATE REVIEW DOES NOT STAY26
THE OTHER PROCEEDINGS UNDER THIS ARTICLE 7.5 UNLESS THE APPEAL27
1172
-69- WAS OBTAINED BY THE PETITIONER OR UNLESS AN ORDER STAYING SUCH1
FURTHER PROCEEDINGS IS ENTERED BY THE APPELLATE COURT UPON A2
SHOWING OF IRREPARABLE INJURY .3
(4) I
F THE ISSUES ENUMERATED UNDER SUBSECTION (2) OF THIS4
SECTION ARE DETERMINED IN FAVOR OF THE PETITIONER AND FURTHER5
PROCEEDINGS ARE NOT STAYED OR IF FURTHER PROCEEDINGS ARE STAYED6
AND THE APPEAL RESULTS IN A DETERMINATION IN FAVOR OF THE7
PETITIONER, THE COURT SHALL HEAR AND DETERMINE ALL MA TTERS8
RAISED IN AND RELATING TO THE MOTION FOR VESTING. IF THE FOREGOING9
MATTERS ARE DETERMINED IN FAVOR OF THE PETITIONER , THE COURT10
SHALL APPOINT THREE DISINTERESTED COMMISSIONERS , WHO MUST BE11
FREEHOLDERS, TO ASSESS THE COMPENSATION TO WHICH THE12
RESPONDENTS NAMED IN THE MOTION FOR VESTING MAY BE ENTITLED BY13
REASON OF THE APPROPRIATION OF THE PETITIONER .14
(5) (a) T
HE COMMISSIONERS, BEFORE ENTERING UPON THE DUTIES15
OF THEIR OFFICE, SHALL TAKE AN OATH TO FAITHFULLY AND IMPARTIALLY16
DISCHARGE THEIR DUTIES AS COMMISSIONERS . ANY ONE OF THE17
COMMISSIONERS MAY ADMINISTER OATHS TO WITNESSES PRODUCED18
BEFORE THEM.19
(b) A
FTER TAKING THEIR OATH, THE COMMISSIONERS SHALL VIEW20
THE PROPERTY, HEAR TESTIMONY, AND CONSIDER EVIDENCE AS IS21
REASONABLY NECESSARY TO ENABLE THEM TO MAKE A PRELIMINARY22
FINDING OF AN AMOUNT CONSTITUTING JUST COMPENSATION FOR THE23
TAKING OF THE PROPERTY OF THE RESPONDENTS NAMED IN THE MOTION24
FOR VESTING.25
(c) A
FTER MAKING A PRELIMINARY FINDING, THE COMMISSIONERS26
SHALL MAKE, SUBSCRIBE, AND FILE A CERTIFIED REPORT MEETING THE27
1172
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WHICH SUCH PROCEEDINGS OCCUR .2
(d) U
PON THE MOTION OF THE PETITIONER FILED WITHIN FOURTEEN3
DAYS OF RECEIPT OF THE NOTICE PROVIDED FOR IN SECTION 38-7.5-103 (1),4
THE COURT SHALL REVIEW THE REPORT OF THE COMMISSIONERS , AND,5
UPON GOOD CAUSE SHOWN BY THE PETITIONER , THE COURT MAY ORDER A6
NEW REPORT BY THE SAME OR DIFFERENT COMMISSIONERS AND VOID THE7
REPORT OBJECTED TO. THE APPOINTMENT OF ANY NEW COMMISSIONERS8
AND THE PREPARATION OF THE NEW REPORT MUST BE DONE IN9
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE 7.5.10
(6) A
PRELIMINARY FINDING OF JUST COMPENSATION AND ANY11
DEPOSIT MADE OR SECURITY PROVIDED PURSUANT THERETO IS NOT12
EVIDENCE IN THE FURTHER PROCEEDINGS TO ASCERTAIN THE JUST13
COMPENSATION TO BE PAID AND MAY NOT BE DISCLOSED IN ANY MANNER14
TO A JURY IMPANELED IN SUCH PROCEEDINGS .15
38-7.5-103. Vesting of title - procedure. (1) W
HEN THE16
CERTIFIED REPORT OF THE COMMISSIONERS IS FILED WITH THE CLERK OF17
THE COURT, THE CLERK SHALL NOTIFY ALL PARTIES NAMED IN THE MOTION18
FOR VESTING OF THE FILING OF THE REPORT AND OF THE AMOUNT19
PRELIMINARILY FOUND TO CONSTITUTE JUST COMPENSATION .20
(2) (a) W
ITHIN SEVEN DAYS OF RECEIPT OF THE NOTICE DESCRIBED21
IN SUBSECTION (1) OF THIS SECTION, THE PETITIONER SHALL DEPOSIT THE22
SUM OF MONEY PRELIMINARILY FOUND TO CONSTITUTE JUST23
COMPENSATION BY THE COMMISSIONERS TO THE COURT OR THE CLERK OF24
THE COURT FOR THE USE OF THE RESPONDENT NAMED IN THE MOTION FOR25
VESTING.26
(b) I
F THE PETITIONER HAS FILED A MOTION FOR A NEW REPORT27
1172
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IS NOT DUE UNTIL SEVEN DAYS FOLLOWING THE COURT 'S RULING ON THE2
MOTION. IF THE MOTION IS GRANTED BY THE COURT , THE CLERK OF THE3
COURT SHALL PROVIDE A NEW NOTICE UPON RECEIPT OF THE NEW REPORT .4
(3) (a) U
PON PAYMENT TO THE COURT OR THE CLERK OF THE5
COURT OF THE SUM DESCRIBED IN SUBSECTION (2) OF THIS SECTION BY THE6
PETITIONER, THE COURT SHALL ENTER AN ORDER VESTING IN THE7
PETITIONER THE FEE SIMPLE TITLE, OR SUCH LESSER ESTATE, INTEREST, OR8
EASEMENT AS MAY BE REQUIRED, TO THE PROPERTY AS REQUESTED IN THE9
MOTION FOR VESTING ON SUCH DATE AS THE COURT CONSIDERS PROPER ,10
AND SHALL FIX A DATE ON WHICH THE PETITIONER IS AUTHORIZED TO TAKE11
POSSESSION OF AND TO USE THE PROPERTY . A CERTIFIED COPY OF THE12
ORDER MUST BE RECORDED AND INDEXED IN THE CLERK AND RECORDER 'S13
OFFICE OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED IN LIKE14
MANNER AND WITH LIKE EFFECT AS IF IT WERE A DEED OF CONVEYANCE15
FROM THE OWNERS AND PARTIES INTERESTED TO THE PROPER PARTIES .16
(b) I
F THERE IS MORE THAN ONE PERSON INTERESTED AS OWNER OR17
OTHERWISE IN THE PROPERTY AND THEY ARE UNABLE TO AGREE UPON THE18
NATURE, EXTENT, OR VALUE OF THEIR RESPECTIVE INTERESTS IN THE19
TOTAL AMOUNT OF COMPENSATION SO ASCERTAINED AND ASSESSED ON AN20
UNDIVIDED BASIS, THE NATURE, EXTENT, OR VALUE OF SAID INTERESTS21
MUST BE DETERMINED ACCORDING TO LAW IN A SEPARATE AND22
SUBSEQUENT PROCEEDING AND DISTRIBUTION MADE AM ONG THE SEVERAL23
CLAIMANTS.24
(4) A
T THE REQUEST OF ANY AFFECTED PARTY AND UPON A25
SHOWING OF UNDUE HARDSHIP OR OTHER GOOD CAUSE , THE PETITIONER'S26
AUTHORITY TO TAKE POSSESSION OF THE PROPERTY MUST BE POSTPONED27
1172
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OR MORE THAN TWENTY-ONE DAYS AFTER THE ENTRY OF AN ORDER THAT2
DOES NOT VEST TITLE IN THE PETITIONER. IF POSTPONEMENT OCCURS, THE3
AFFECTED PARTY SHALL PAY TO THE PETITIONER A REASONABLE RENTAL4
FOR SUCH PROPERTY, THE AMOUNT THEREOF TO BE DETERMINED BY THE5
COURT.6
38-7.5-104. Withdrawals from deposit. (1) U
PON PROPER7
APPLICATION TO THE COURT OR BY STIPULATION BETWEEN THE PARTIES ,8
THE RESPONDENT MAY WITHDRAW FROM THE SUM DEPOSITED PURSUANT9
TO SECTION 38-7.5-103 (2) AN AMOUNT NOT TO EXCEED THREE -FOURTHS10
OF THE HIGHEST VALUATION EVIDENCED BY TESTIMONY PRESENTED BY11
THE PETITIONER TO THE COMMISSIONERS UNLESS THE PETITIONER AGREES12
TO A LARGER WITHDRAWAL . ALL PARTIES INTERESTED IN THE PROPERTY13
SOUGHT TO BE ACQUIRED ARE REQUIRED TO CONSENT AND AGREE TO ANY14
LARGER WITHDRAWAL .15
(2) A
NY WITHDRAWAL OF A DEPOSIT IS A PARTIAL PAYMENT OF16
THE AMOUNT OF TOTAL COMPENSATION TO BE PAID AND MUST BE17
DEDUCTED BY THE CLERK OF THE COURT FROM ANY AWARD OR VERDICT18
ENTERED THEREAFTER.19
(3) A
NY PARTY MAKING A WITHDRAWAL OF A DEPOSIT SHALL20
REFUND TO THE CLERK OF THE COURT , UPON THE ENTRY OF A PROPER21
COURT ORDER, ANY PORTION OF THE AMOUNT SO WITHDRAWN WHICH22
EXCEEDS THE AMOUNT FINALLY ASCERTAINED IN THE PROCEEDING TO BE23
JUST COMPENSATION OR DAMAGES , COSTS, OR EXPENSES OWING TO THE24
PARTY.25
38-7.5-105. Construction of article. T
HE RIGHT TO TAKE26
POSSESSION AND TITLE BEFORE THE FINAL JUDGMENT AS PRESCRIBED IN27
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AUTHORITY OTHERWISE CONFERRED BY LAW AND MAY NOT BE CONSTRUED2
AS ABROGATING, LIMITING, OR MODIFYING ANY SUCH OTHER RIGHT ,3
POWER, OR AUTHORITY , INCLUDING THE RIGHTS , POWERS, AND4
AUTHORITIES GRANTED IN ARTICLES 1 TO 7 OF THIS TITLE 38. SHOULD THE5
PROVISIONS OF THIS ARTICLE 7.5 BE INVOKED BY ANY PARTY, THE FINAL6
DETERMINATION OF THE AMOUNT CONSTITUTING JUST COMPENSATION7
MUST BE DETERMINED PURSUANT TO THE PROVISIONS OF ARTICLE 1 OF8
THIS TITLE 38. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE9
7.5,
A COUNTY REVITALIZATION AUTHORITY 'S EMINENT DOMAIN10
AUTHORITY SHALL NOT EXCEED THAT OF THE COUNTY WHERE THE11
AUTHORITY IS LOCATED.12
38-7.5-106. Commissioners - other articles. N
OTHING IN THIS13
ARTICLE 7.5 PREVENTS A COMMISSIONER APPOINTED UNDER THIS ARTICLE14
7.5
FROM BEING APPOINTED PURSUANT TO THE PROVISIONS OF ARTICLES15
1
TO 7 OF THIS TITLE 38 IN THE SAME EMINENT DOMAIN PROCEEDING .16
N
OTHING IN THIS ARTICLE 7.5 PREVENTS THE APPOINTMENT OF A17
COMMISSIONER, FOR PURPOSES OF THIS ARTICLE 7.5, WHO HAS PREVIOUSLY18
BEEN APPOINTED IN THE SAME PROCEEDING UNDER THE PROVISIONS OF19
ARTICLE 1 OF THIS TITLE 38.20
38-7.5-107. Interest. T
HE PETITIONER SHALL PAY INTEREST AS21
PROVIDED IN SECTION 38-1-116; EXCEPT THAT NO INTEREST IS ALLOWED22
ON THAT PORTION OF THE AWARD WHICH THE RESPONDENT RECEIVED OR23
COULD HAVE RECEIVED AS A PARTIAL PAYMENT BY WITHDRAWAL FROM24
THE SUM DEPOSITED BY THE PETITIONER PURSUANT TO SECTION25
38-7.5-103
(2).26
SECTION 3. In Colorado Revised Statutes, amend 11-58-105 as27
1172
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11-58-105. Annual information report. Each issuer of nonrated2
public securities issued pursuant to sections 30-31-109 (13), 31-25-1073
(9), and 31-25-807 (3), C.R.S., and title 32, C.R.S., shall make public4
within sixty days following the end of each of such issuer's fiscal year5
ending on or after December 31, 1991, an annual information report or6
reports with respect to any of such issuer's nonrated public securities7
which are outstanding as of the end of each such fiscal year. Nothing shall8
preclude PRECLUDES any issuer not so required by this article THIS9
ARTICLE 58 from filing a report pursuant to this article THIS ARTICLE 58.10
SECTION 4. In Colorado Revised Statutes, 22-54-112, amend11
(3) as follows:12
22-54-112. Reports to the state board. (3) (a) If the valuation13
for assessment for all or a part of any district has been divided for an14
urban renewal area, pursuant to section 31-25-107 (9)(a), C.R.S., any15
report under this section shall MUST be based upon that portion of the16
valuation for assessment under said section 31-25-107 (9)(a)(I), C.R.S.,17
so long as such THE division remains in effect.18
(b) I
F THE VALUATION FOR ASSESSMENT FOR ALL OR A PART OF19
ANY DISTRICT HAS BEEN DIVIDED FOR A COUNTY REVITALIZATION AREA20
PURSUANT TO SECTION 30-31-109
(13)(a) ANY REPORT UNDER THIS21
SECTION MUST BE BASED UPON THAT PORTION OF THE VALUATION FOR22
ASSESSMENT UNDER SECTION 30-31-109 (13)(a)(I), SO LONG AS THE23
DIVISION REMAINS IN EFFECT.24
SECTION 5. In Colorado Revised Statutes, 24-46-303, amend25
(6) as follows:26
24-46-303. Definitions. As used in this part 3, unless the context27
1172
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(6) "Financing entity" means the entity designated by the2
commission in connection with its approval of a regional tourism project3
to receive and utilize state sales tax increment revenue. A financing entity4
may be
A COUNTY REVITALIZATION AUTHORITY CREATED PURSUANT TO5
ARTICLE 31 OF TITLE 30, a metropolitan district created pursuant to title6
32, C.R.S.,
an urban renewal authority created pursuant to part 1 of article7
25 of title 31, C.R.S., or any regional tourism authority to be formed8
pursuant to this part 3.9
SECTION 6. In Colorado Revised Statutes, 24-46-304, amend10
(2)(d) as follows:11
24-46-304. Regional tourism project - application -12
requirements. (2) A local government shall submit an application for a13
regional tourism project to the Colorado office of economic development14
in a form and manner to be determined by the commission. The office15
shall provide the commission with each application received after the16
director's review pursuant to section 24-46-305. The application shall17
include, but need not be limited to, the following:18
(d) A discussion of each of the application criteria and how the19
project will meet each of the criteria, including an economic analysis20
detailing projected economic development, impact on future state sales21
tax revenue during and after the financing term, the number of new jobs22
to be created by the project by job category as defined by the Colorado23
department of labor and employment occupational employment statistics24
survey and the wages and, to the extent that it is reasonably possible,25
information on health benefits for jobs in each category, market impact,26
anticipated regional and in-state competition, the ability to attract27
1172
-76- out-of-state tourists, the fiscal impact to local governments within and1
adjacent to the regional tourism zone, an analysis of the impact to local2
school districts and an estimate of the percentage of total program that the3
state will become responsible to fund through the state's share of total4
program pursuant to section 22-54-106, C.R.S., in the event that IF THE5
COUNTY REVITALIZATION AUTHORITY OR an urban renewal authority is the6
financing entity for the regional tourism project and uses property tax7
revenue to finance the project, and any other information reasonably8
requested by the commission;9
SECTION 7. In Colorado Revised Statutes, 24-46-306, amend10
(3)(g) as follows:11
24-46-306. Regional tourism authority - board - creation -12
powers and duties. (3) Unless limited by the commission's conditions13
of approval, each authority shall have all of the powers necessary or14
convenient to carry out and effect the purposes and provisions of this part15
3, including but not limited to the following powers:16
(g) To assign and pledge to any
COUNTY REVITALIZATION17
AUTHORITY, metropolitan district, or urban renewal authority having all18
or any portion of the regional tourism zone within its boundaries or19
service area the authority's right to receive and utilize state sales tax20
increment revenue to support bonds or other financing instruments issued21
or entered into by the metropolitan district or urban renewal authority for22
eligible costs or to acquire eligible improvements, including but not23
limited to loans or funding and reimbursement agreements with24
developers involved in the regional tourism project or other third parties;25
SECTION 8. In Colorado Revised Statutes, 24-46-308, amend26
(4) as follows:27
1172
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a
COUNTY REVITALIZATION AUTHORITY , A metropolitan district, or an2
urban renewal authority, it may comply with the requirements of this3
section by submitting to the commission a copy of the report that the4
metropolitan district or urban renewal authority is otherwise required to5
submit to a local government pursuant to law. Such copy shall
MUST be6
delivered to the commission concurrently with the delivery of the annual7
report and audit when otherwise required by law.8
SECTION 9. In Colorado Revised Statutes, 24-68-102, amend9
the introductory portion and (2) as follows:10
24-68-102. Definitions. As used in this article ARTICLE 68, unless11
the context otherwise requires:12
(2) "Local government" means any county, city and county, city,13
or town, whether statutory or home rule, acting through its governing14
body or any board, commission, or agency thereof having final approval15
authority over a site specific development plan, including without16
limitation any legally empowered COUNTY REVITALIZATION AUTHORITY17
OR urban renewal authority.18
SECTION 10. In Colorado Revised Statutes, 29-25-108, amend19
(1)(c) as follows:20
29-25-108. Board of directors - duties. (1) (c) If more than21
one-half of the property located within the district is also located within22
A COUNTY REVITALIZATION AREA , an urban renewal area, a downtown23
development authority, or a general improvement district, the governing24
body may, at any time, provide by ordinance that the governing body of25
the
COUNTY REVITALIZATION AUTHORITY , urban renewal authority,26
downtown development authority, or general improvement district shall27
1172
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the officers of such entity shall be ARE ex officio the officers of the board.2
A quorum of the board of directors of such entity shall constitute3
CONSTITUTES a quorum of the board.4
SECTION 11. In Colorado Revised Statutes, 31-30-1102, amend5
(7.5) as follows:6
31-30-1102. Definitions. As used in this part 11, unless the7
context otherwise requires:8
(7.5) "Previous net valuation" means an amount equal to the total9
valuation for assessment certified by the county assessor pursuant to10
section 39-5-128, C.R.S., and amended pursuant to section 39-1-111 (5),11
C.R.S., less the valuation for assessment that has been divided for THE12
COUNTY REVITALIZATION AREA PURS UANT TO SECTION 30-31-109 (13), an13
urban renewal area pursuant to section 31-25-107 (9), or for a downtown14
development authority pursuant to section 31-25-807 (3) for the property15
tax year in which the municipality or district made a contribution to the16
fund. If the total valuation for assessment certified by the county assessor,17
as amended, does not include the valuation for assessment that has been18
divided for an urban renewal area, such urban renewal valuation for19
assessment shall not be subtracted from the total valuation for assessment.20
SECTION 12. In Colorado Revised Statutes, 32-9-119.8, amend21
(1)(a.3) as follows:22
32-9-119.8. Provision of retail and commercial goods and23
services at district transfer facilities - residential and other uses at24
district transfer facilities permitted - definitions. (1) As used in this25
section, unless the context otherwise requires:26
(a.3) "Public entity" includes, but is not limited to, a public body,27
1172
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governmental entity, agency, or official, including
A COUNTY2
REVITALIZATION AUTHORITY , an urban renewal authority, and the3
department of transportation.4
SECTION 13. In Colorado Revised Statutes, 32-11-104, amend5
(46)(a) as follows:6
32-11-104. Definitions. As used in this article 11, unless the7
context otherwise requires:8
(46) (a) "Public body" means the state of Colorado or any agency,9
instrumentality, or corporation thereof, or any county, municipality,10
corporate district, housing authority,
COUNTY REVITALIZATION11
AUTHORITY, urban renewal authority, other type of authority, the regents12
of the university of Colorado, the state board for community colleges and13
occupational education, or any other body corporate and politic and14
political subdivision of the state.15
SECTION 14. In Colorado Revised Statutes, 38-1-101, amend16
(5)(b) as follows:17
38-1-101. Compensation - public use - commission - jury -18
court - prohibition on elimination of nonconforming uses or19
nonconforming property design by amortization - limitation on20
extraterritorial condemnation by municipalities - definitions. (5) For21
purposes of this section, unless the context otherwise requires:22
(b) "Political subdivision" means a county; city and county; city;23
town; service authority; school district; local improvement district; law24
enforcement authority;
COUNTY REVITALIZATION AUTHORITY ; urban25
renewal authority; city or county housing authority; water, sanitation, fire26
protection, metropolitan, irrigation, drainage, or other special district; or27
1172
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organized pursuant to law.2
SECTION 15. In Colorado Revised Statutes, 38-1-202, amend3
(1)(f)(XLI) and (1)(f)(XLII); and add (1)(f)(XLIII) as follows:4
38-1-202. Governmental entities, corporations, and persons5
authorized to use eminent domain. (1) The following governmental6
entities, types of governmental entities, and public corporations, in7
accordance with all procedural and other requirements specified in this8
article 1 and articles 2 to 7 of this title 38 and to the extent and within any9
time frame specified in the applicable authorizing statute, may exercise10
the power of eminent domain:11
(f) The following types of single purpose districts, special12
districts, authorities, boards, commissions, and other governmental13
entities that serve limited governmental purposes or that may exercise14
eminent domain for limited purposes:15
(XLI) The front range passenger rail district created in section16
32-22-103 (1), as authorized in section 32-22-106 (1)(k); and17
(XLII) The Colorado electric transmission authority created in18
section 40-42-103 (1) as authorized in section 40-42-104 (1)(p);
AND19
(XLIII) A
COUNTY REVITALIZATION AUTHORITY CREATED20
PURSUANT TO SECTION 30-31-104 AND IN ACCORDANCE WITH THE VESTING21
REQUIREMENTS SPECIFIED IN ARTICLE 7 OF THIS TITLE 38;22
SECTION 16. In Colorado Revised Statutes, 39-1-111, amend23
(4) as follows:24
39-1-111. Taxes levied by board of county commissioners.25
(4) (a) If the valuation for assessment for all or any part of any body26
authorized to levy taxes has been divided for an urban renewal area,27
1172
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commissioners shall make the same levy on the portion of valuation for2
assessment divided under subparagraph (II) as under subparagraph (I) of3
said section 31-25-107 (9)(a), C.R.S., SECTION 31-25-107 (9)(a)(II) AS4
UNDER SECTION 31-25-107 (9)(a)(I) for payment of taxes according to the5
provisions of said SECTION 31-25-107 (9)(a), so long as said THE division6
remains in effect.7
(b) I
F THE VALUATION FOR ASSESSMENT FOR ALL OR ANY PART OF8
ANY BODY AUTHORIZED TO LEVY TAXES HAS BEEN DIVIDED FOR A COUNTY9
REVITALIZATION AREA, PURSUANT TO SECTION
30-31-109 (13)(a), THE10
BOARD OF COUNTY COMMISSIONERS SHALL MAKE THE SAME LEVY ON THE11
PORTION OF VALUATION FOR ASSESSMENT DIVIDED UNDER SECTION12
30-31-109 (13)(a)(II) AS UNDER SECTION 30-31-109 (13)(a)(I) FOR13
PAYMENT OF TAXES ACCORDING TO THE PROVISIONS OF SECTION14
30-31-109 (13)(a), SO LONG AS THE DIVISION REMAINS IN EFFECT.15
SECTION 17. In Colorado Revised Statutes, 39-5-128, amend16
(3) as follows:17
39-5-128. Certification of valuation for assessment. (3) (a) If18
the valuation for assessment for all or part of any such political19
subdivision has been divided for an urban renewal area, pursuant to20
section 31-25-107 (9)(a), C.R.S., any certification under this section shall21
MUST be based upon that portion of the valuation for assessment under22
subparagraph (I) of said section 31-25-107 (9)(a), C.R.S., SECTION23
31-25-107 (9)(a)(I) so long as such THE division remains in effect.24
(b) I
F THE VALUATION FOR ASSESSMENT FOR ALL OR PART OF ANY25
SUCH POLITICAL SUBDIVISION HAS BEEN DIVIDED FOR A COUNTY26
REVITALIZATION AREA, PURSUANT TO SECTION
30-31-109 (13)(a), ANY27
1172
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OF THE VALUATION FOR ASSESSMENT UNDER SECTION 30-31-1092
(13)(a)(I), SO LONG AS THE DIVISION REMAINS IN EFFECT.3
SECTION 18. In Colorado Revised Statutes, 39-5-132, amend4
(7) as follows:5
39-5-132. Assessment and taxation of new construction.6
(7) Nothing in this section shall be construed to affect AFFECTS tax7
increment financing as said financing is implemented pursuant to sections8
31-25-107 (9), 30-31-109 (13), and 31-25-807 (3), C.R.S., nor the9
distribution of specific ownership taxes pursuant to section 42-3-107 (24).10
C.R.S.11
SECTION 19. Act subject to petition - effective date. This act12
takes effect at 12:01 a.m. on the day following the expiration of the13
ninety-day period after final adjournment of the general assembly; except14
that, if a referendum petition is filed pursuant to section 1 (3) of article V15
of the state constitution against this act or an item, section, or part of this16
act within such period, then the act, item, section, or part will not take17
effect unless approved by the people at the general election to be held in18
November 2024 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
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