Colorado House Bill HB1172 Enrolled / Bill

                    HOUSE BILL 24-1172
BY REPRESENTATIVE(S) Taggart and Bird, Amabile, Froelich, Lindsay,
Snyder;
also SENATOR(S) Kirkmeyer and Mullica, Exum, Pelton B., Pelton R.,
Priola, Roberts, Simpson, Will, Winter F..
C
ONCERNING COUNTY REVITALIZATION AUTHORITIES .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 31 to title
30 as follows:
ARTICLE 31
County Revitalization
30-31-101.  Short title. T
HE SHORT TITLE OF THIS ARTICLE 31 IS THE
"COUNTY REVITALIZATION LAW".
30-31-102.  Legislative declaration. (1)  T
HE GENERAL ASSEMBLY
FINDS AND DECLARES THAT
:
(a)  T
HERE EXIST IN COUNTIES OF THE STATE UNINCORPORATED
AREAS THAT WOULD BENEFIT FROM REVITALIZATION AND ECONOMIC
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. INVESTMENT THAT WILL NOT OCCUR WITHOUT ADDITIONAL FUNDING ;
(b)  T
HE EXISTENCE OF THESE AREAS IMPAIR SUCCESSFUL
DEVELOPMENT AND REDEVELOPMENT WITHIN COUNTIES AND HARMS THE
WELFARE OF COUNTY RESIDENTS IN WAYS THAT HARM THE SURROUNDING
COMMUNITIES
, AND THE REVITALIZATION OF THESE AREAS IS A MATTER OF
PUBLIC POLICY AND STATEWIDE CONCERN IN ORDER THAT THE STATE AND ITS
COUNTIES NOT CONTINUE TO BE UNDERUTILIZED AND PLACED IN A
CONDITION THAT HARMS THE WELFARE OF THESE AREAS
;
(c)  C
ERTAIN REVITALIZATION AREAS, OR PORTIONS THEREOF, MAY
REQUIRE ACQUISITION
, CLEARANCE, AND DISPOSITION SUBJECT TO USE
RESTRICTIONS
, AS PROVIDED IN THIS ARTICLE 31, SINCE THE PREVAILING
CONDITIONS IN COUNTY REVITALIZATION AREAS MAY MAKE THE
RECLAMATION OF THE AREA BY CONSERVATION OR REHABILITATION
IMPRACTICABLE
;
(d)  P
OTENTIAL REVITALIZATION AREAS , OR PORTIONS THEREOF,
THROUGH THE MEANS PROVIDED IN THIS ARTICLE 31, MAY BE SUSCEPTIBLE
OF CONSERVATION OR REHABILITATION IN SUCH A MANNER THAT THE
CONDITIONS NUMERATED IN THIS SECTION MAY BE IMPROVED OR REMEDIED
;
(e)  R
EVITALIZATION AREAS MAY BE CONSERVED AND
REHABILITATED THROUGH APPROPRIATE PUBLIC ACTION
, AS AUTHORIZED OR
CONTEMPLATED IN THIS ARTICLE 
31, AND THE COOPERATION AND
VOLUNTARY ACTION OF THE OWNERS AND TENANTS OF PROPERTY IN
REVITALIZATION AREAS
;
(f)  T
HE POWERS CONFERRED BY THIS ARTICLE 31 ARE FOR PUBLIC
USES AND PURPOSES FOR WHICH PUBLIC MONEY MAY BE EXPENDED AND THE
POLICE POWER EXERCISED
; AND
(g)  THE NECESSITY IN THE PUBLIC INTEREST FOR THE PROVISIONS
ENACTED IN THIS ARTICLE 
31 IS DECLARED AS A MATTER OF LEGISLATIVE
DETERMINATION
.
(2)  T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :
(a)  C
OUNTY REVITALIZATION AREAS CREATED FOR THE PURPOSES
DESCRIBED IN SUBSECTIONS
 (1)(a) AND (1)(b) OF THIS SECTION MUST NOT
PAGE 2-HOUSE BILL 24-1172 INCLUDE AGRICULTURAL LAND EXCEPT IN CONNECTION WITH THE LIMITED
CIRCUMSTANCES DESCRIBED IN THIS ARTICLE 
31; AND
(b)  THE INCLUSION OF AGRICULTURAL LAND WITHIN COUNTY
REVITALIZATION AREAS IS A MATTER OF STATEWIDE CONCERN
.
30-31-103.  Definitions. A
S USED IN THIS ARTICLE 31, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1)  "A
GRICULTURAL LAND" MEANS ANY PARCEL OF LAND OR ANY
CONTIGUOUS PARCELS OF LAND THAT
, REGARDLESS OF THE USES FOR WHICH
THE LAND HAS BEEN ZONED
, THE COUNTY ASSESSOR HAS CLASSIFIED AS
AGRICULTURAL LAND FOR PURPOSES OF THE LEVYING AND COLLECTION OF
PROPERTY TAX PURSUANT TO SECTIONS
 39-1-102 (1.6)(a) AND 39-1-103
(5)(a), 
AT ANY TIME DURING THE FIVE-YEAR PERIOD BEFORE EITHER THE
DATE OF ADOPTION OF A COUNTY REVITALIZATION PLAN OR ANY
MODIFICATION OF A COUNTY REVITALIZATION PLAN
.
(2)  "B
ONDS" MEANS ANY BONDS, INCLUDING REFUNDING BONDS ,
NOTES, INTERIM CERTIFICATES OR RECEIPTS , TEMPORARY BONDS ,
CERTIFICATES OF INDEBTEDNESS , DEBENTURES, OR OTHER OBLIGATIONS
ISSUED AS AUTHORIZED BY THIS ARTICLE 
31.
(3)  "B
ROWNFIELD SITE" MEANS REAL PROPERTY AND THE
DEVELOPMENT
, EXPANSION, REDEVELOPMENT, OR REUSE OF REAL PROPERTY
THAT IS COMPLICATED BY THE PRESENCE OF A SUBSTANTIAL AMOUNT OF ONE
OR MORE HAZARDOUS SUBSTANCES
, POLLUTANTS, OR CONTAMINANTS, AS
DESIGNATED BY THE 
UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY
.
(4)  "B
USINESS CONCERN" HAS THE SAME MEANING AS "BUSINESS",
AS DEFINED IN SECTION 24-56-102 (1).
(5)  "C
OUNTY REVITALIZATION AREA " MEANS A REVITALIZATION
AREA THAT THE GOVERNING BODY DESIGNATES AS APPROPRIATE FOR THE
COUNTY REVITALIZATION PROJECT
.
(6)  "C
OUNTY REVITALIZATION AUTHORITY " OR "AUTHORITY" MEANS
A CORPORATE BODY ORGANIZED PURSUANT TO THIS ARTICLE 
31.
PAGE 3-HOUSE BILL 24-1172 (7)  "COUNTY REVITALIZATION PLAN " MEANS A PLAN FOR THE
COUNTY REVITALIZATION PROJECT THAT
:
(a)  C
ONFORMS TO A GENERAL OR MASTER PLAN FOR THE PHYSICAL
DEVELOPMENT OF THE COUNTY AS A WHOLE
;
(b)  I
NDICATES LAND ACQUISITION, DEVELOPMENT, REDEVELOPMENT,
REHABILITATION, AND ADDITIONAL LAND AND CAPITAL IMPROVEMENTS ;
(c)  I
NCLUDES ZONING AND PLANNING CHANGES , IF ANY, LAND USES,
MAXIMUM DENSITIES, AND BUILDING REQUIREMENTS; AND
(d)  DEFINES THE PLAN'S RELATIONSHIP TO DEFINED LOCAL
OBJECTIVES RESPECTING APPROPRIATE LAND USES
, IMPROVED TRAFFIC,
PUBLIC TRANSPORTATION , PUBLIC UTILITIES, RECREATIONAL AND
COMMUNITY FACILITIES
, AND OTHER PUBLIC IMPROVEMENTS .
(8)  "C
OUNTY REVITALIZATION PROJECT" MEANS UNDERTAKINGS AND
ACTIVITIES THAT TAKE ADVANTAGE OF REVITALIZATION AREAS IN
ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN
. SUCH
UNDERTAKINGS AND ACTIVITIES MAY INCLUDE
:
(a)  A
CQUISITION OF A REVITALIZATION AREA OR ANY PORTION
THEREOF
;
(b)  D
EMOLITION AND REMOVAL OF BUILDINGS AND IMPROVEMENTS ;
(c)  I
NSTALLATION, CONSTRUCTION, OR RECONSTRUCTION OF
STREETS
, UTILITIES, PARKS, PLAYGROUNDS, AND OTHER IMPROVEMENTS ;
(d)  D
ISPOSITION OF ANY PROPERTY ACQUIRED OR HELD BY THE
AUTHORITY AS A PART OF THE COUNTY REVITALIZATION PROJECT FOR
COUNTY REVITALIZATION AREAS
. DISPOSITION INCLUDES SALE, INITIAL
LEASING
, OR TEMPORARY RETENTION BY THE AUTHORITY AT THE FAIR VALUE
OF THE PROPERTY FOR USE IN ACCORDANCE WITH THE COUNTY
REVITALIZATION PLAN
.
(e)  C
ARRYING OUT PLANS FOR A PROGRAM THROUGH VOLUNTARY
ACTION AND THE REGULATORY PROCESS FOR THE REPAIR
, ALTERATION, AND
REHABILITATION OF BUILDINGS OR OTHER IMPROVEMENTS IN ACCORDANCE
PAGE 4-HOUSE BILL 24-1172 WITH THE COUNTY REVITALIZATION PLAN ; AND
(f)  ACQUISITION OF ANY PROPERTY NECESSARY TO ACHIEVE THE
OBJECTIVES OF THE COUNTY REVITALIZATION PLAN
.
(9)  "D
ISPLACED PERSON" HAS THE SAME MEANING AS SET FORTH IN
SECTION 
24-56-102 (2), AND ALSO INCLUDES ANY INDIVIDUAL, FAMILY, OR
BUSINESS CONCERN DISPLACED BY AN AUTHORITY ACQUIRING REAL
PROPERTY THROUGH THE EXERCISE OF EMINENT DOMAIN
.
(10)  "G
OVERNING BODY" MEANS THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY WITHIN WHICH AN AUTHORITY IS
ESTABLISHED OR PROPOSED TO BE ESTABLISHED
.
(11)  "O
BLIGEE" MEANS ANY BONDHOLDER , AGENT, TRUSTEE FOR
ANY BONDHOLDER
, LESSOR DEMISING TO AN AUTHORITY PROPERTY USED IN
CONNECTION WITH THE COUNTY REVITALIZATION PROJECT OF THE
AUTHORITY
, ASSIGNEE OF SUCH LESSOR'S INTEREST OR ANY PART THEREOF,
OR THE FEDERAL GOVERNMENT WHEN IT IS A PARTY TO ANY CONTRACT OR
AGREEMENT WITH AN AUTHORITY
.
(12)  "P
UBLIC BODY" MEANS THE STATE OF COLORADO AND ANY
COUNTY
, QUASI-MUNICIPAL CORPORATION , BOARD, COMMISSION,
AUTHORITY, POLITICAL SUBDIVISION, OR PUBLIC CORPORATE BODY OF THE
STATE
.
(13)  "R
EAL PROPERTY" MEANS LANDS, LANDS UNDER WATER ,
STRUCTURES, EASEMENTS, FRANCHISES, AND INCORPOREAL HEREDITAMENTS
AND EVERY ESTATE AND RIGHT THEREIN
, LEGAL AND EQUITABLE, INCLUDING
TERMS FOR YEARS AND LIENS BY WAY OF JUDGMENT
, MORTGAGE, OR
OTHERWISE
.
(14)  "R
EVITALIZATION AREA" MEANS AN AREA THAT, UPON THE
IMPLEMENTATION OF THE COUNTY REVITALIZATION PLAN
, SUBSTANTIALLY
PROMOTES THE SOUND GROWTH OF THE COUNTY
, IMPROVES ECONOMIC AND
SOCIAL CONDITIONS
, AND FURTHERS THE HEALTH, SAFETY, AND WELL-BEING
OF THE PUBLIC BY THE ACTUALIZATION OF ONE OF THE FOLLOWING
OPPORTUNITY FACTORS
:
(a)  I
NVESTMENT IN CRITICAL INFRASTRUCTURE , INCLUDING WATER,
PAGE 5-HOUSE BILL 24-1172 SANITARY SEWER AND STORM WATER SYSTEMS AND M	ANAGEMENT	,
ELECTRICITY, AND OTHER PUBLIC UTILITIES TO ACHIEVE DESIRED LEVELS OF
RESIDENTIAL DENSITY AND EMPLOYMENT GROWTH
;
(b)  I
MPROVEMENT OF MOBILITY AND INCREASED ACCESS TO
TRANSPORTATION CORRIDORS AND MULTIM ODAL TRANSPORTATION OPTIONS
;
(c)  D
EVELOPMENT OF AFFORDABLE HOUSING PROXIMATE TO
ENHANCED TRANSPORTATION HUBS AND CORRIDORS
;
(d)  D
EVELOPMENT OF ECONOMIC OPPORTUNITIES FOR JOB CREATION
AND GROWTH IN ENTREPRENEURSHIP AND SUCCESSFUL LOCATION OF
EXISTING BUSINESSES
;
(e)  E
XPANSION OF ACCESS TO HEALTHY FOOD SYSTEMS , COMMUNITY
MEDICAL SERVICES
, PUBLIC PARKS, OR PUBLIC EDUCATION OPPORTUNITIES;
(f)  I
MPROVEMENT OF CIRCULATION PATTERNS AND ENHANCEMENT
OF SAFE AND RELIABLE PUBLIC TRANSPORTATION SYSTEMS
;
(g)  R
EMEDIATION OF CONTAMINATED SOILS OR WATER ;
(h)  C
LEARANCE, ABATEMENT, OR REHABILITATION OF
STRUCTURALLY UNSOUND
, DETERIORATING, OR OTHERWISE UNSAFE
STRUCTURES
; OR
(i)  REDEVELOPMENT OF FORMER LANDFILLS , FLOODPLAINS, OR
OTHER AREAS CHALLENGED BY TOPOGRAPHY THAT
, IN THEIR PRESENT
CONDITION
, POSE A THREAT TO PUBLIC HEALTH AND SAFETY .
(15)  "U
RBAN-LEVEL DEVELOPMENT" MEANS AN AREA IN WHICH
THERE IS A PREDOMINANCE OF EITHER PERMANENT STRUCTURES OR
ABOVE
-GROUND OR AT-GRADE INFRASTRUCTURE .
30-31-104.  County revitalization authority. (1) (a)  A
NY
TWENTY
-FIVE REGISTERED ELECTORS OF A COUNTY MAY FILE A PETITION
WITH THE GOVERNING BODY OR ITS DESIGNEE
, OR THE GOVERNING BODY
MAY ADOPT A RESOLUTION
, SETTING FORTH THAT THERE IS A NEED FOR A
COUNTY REVITALIZATION AUTHORITY IN THE COUNTY
.
PAGE 6-HOUSE BILL 24-1172 (b) (I)  UPON THE FILING OF A PETITION OR THE ADOPTION OF A
RESOLUTION DESCRIBED IN SUBSECTION
 (1)(a) OF THIS SECTION, A COUNTY
SHALL GIVE NOTICE OF THE TIME
, PLACE, AND PURPOSE OF A PUBLIC HEARING
WHERE THE GOVERNING BODY WILL DETER MINE THE NEED FOR THE COUNTY
REVITALIZATION AUTHORITY IN THE COUNTY
. THIS NOTICE MUST ALSO
INCLUDE A GENERAL DESCRIPTION OF THE LAND THAT WOULD BE PART OF
THE COUNTY REVITALIZATION AREA
. THE COUNTY MUST GIVE THIS NOTICE
TO EVERY MUNICIPALITY WITHIN THREE MILES OF THE PROPOSED AUTHORITY
AT LEAST THIRTY DAYS BEFORE THE HEARING
.
(II)  A
 COUNTY SHALL PROVIDE THE NOTICE DESCRIBED IN THIS
SUBSECTION
 (1)(b) AT ITS OWN EXPENSE BY PUBLISHING THE NOTICE AT
LEAST THIRTY DAYS PRECEDING THE DAY ON WHICH THE HEARING IS TO BE
HELD IN A NEWSPAPER HAVING A GENERAL CIRCULATION IN THE COUNTY OR
,
IF THERE IS NO SUCH NEWSPAPER , BY POSTING THE NOTICE IN AT LEAST
THREE PUBLIC PLACES WITHIN THE COUNTY AT LEAST THIRTY DAYS
PRECEDING THE DAY ON WHICH THE HEARING IS TO BE HELD
.
(III)  A
T THE HEARING HELD PURSUANT TO THE NOTICE DESCRIBED IN
THIS SUBSECTION
 (1)(b), THE GOVERNING BODY SHALL GRANT A FULL
OPPORTUNITY TO BE HEARD TO ALL COUNTY RESIDENTS
, TAXPAYERS,
MUNICIPALITIES WITHIN THREE MILES OF THE PROPOSED AUTHORITY , AND
OTHER INTERESTED PERSONS
.
(c)  A
FTER THE HEARING HELD PURSUANT TO THE NOTICE DESCRIBED
IN SUBSECTION
 (1)(b) OF THIS SECTION, THE GOVERNING BODY SHALL ADOPT
A RESOLUTION FINDING A NEED FOR AND CREATING THE COUNTY
REVITALIZATION AUTHORITY IF THE GOVERNING BODY
:
(I)  D
ETERMINES THAT THERE ARE ONE OR MORE REVITALIZATION
AREAS IN THE COUNTY OUTSIDE OF EXISTING URBAN RENEWAL AUTHORITIES
;
(II)  D
ETERMINES THAT THE ACQUISITION , CLEARANCE,
REHABILITATION, CONSERVATION, DEVELOPMENT, REDEVELOPMENT, OR ANY
COMBINATION THEREOF OF SUCH REVITALIZATION AREAS IS NECESSARY AND
IN THE INTEREST OF THE PUBLIC HEALTH
, SAFETY, OR WELFARE OF THE
COUNTY RESIDENTS
; AND
(III)  DECLARES IT TO BE IN THE PUBLIC INTEREST THAT THE COUNTY
REVITALIZATION AUTHORITY BE CREATED AND EXERCISES THE POWERS
PAGE 7-HOUSE BILL 24-1172 PROVIDED IN THIS ARTICLE 31.
(d) (I)  I
F THE GOVERNING BODY ADOPTS A RESOLUTION IN
ACCORDANCE WITH SUBSECTION
 (1)(c) OF THIS SECTION, THE GOVERNING
BODY SHALL APPOINT AUTHORITY COMMISSIONERS AS PROVIDED IN
SUBSECTION 
(2) OF THIS SECTION.
(II)  I
F THE GOVERNING BODY, AFTER A HEARING HELD PURSUANT TO
SUBSECTION
 (1)(b) OF THIS SECTION, DETERMINES THAT IT CANNOT MAKE
THE DETERMINATIONS AND DECLARATION ENUMERATED IN SUBSECTION
(1)(c) OF THIS SECTION, IT SHALL ADOPT A RESOLUTION DENYING THE
PETITION FILED PURSUANT TO SUBSECTION
 (1)(a) OF THIS SECTION. ONLY
BEGINNING SIX MONTHS AFTER THE DENIAL OF SUCH A PETITION MAY
REGISTERED ELECTORS FILE SUBSEQUENT PETITIONS WITH THE GOVERNING
BODY OR ITS DESIGNEE
, SETTING FORTH THAT THERE IS A NEED FOR THE
COUNTY REVITALIZATION AUTHORITY IN THE COUNTY
.
(2) (a) (I)  A
N AUTHORITY CONSISTS OF NO FEWER THAN THREE AND
NO MORE THAN EIGHT AUTHORITY COMMISSIONERS
.
(II) (A)  I
F AT LEAST ONE TAXING ENTITY HAS JOINED THE AUTHORITY
PURSUANT TO SUBSECTION 
(6) OF THIS SECTION, ONE AUTHORITY
COMMISSIONER MUST BE A BOARD MEMBER OF A SPECIAL DISTRICT SELECTED
BY AGREEMENT OF THE SPECIAL DISTRICTS LEVYING A MILL LEVY WITHIN
THE BOUNDARIES OF THE COUNTY REVITALIZATION AUTHORITY AREA THAT
HAVE JOINED THE COUNTY REVITALIZATION  AUTHORITY
.
(B)  I
F NO SPECIAL DISTRICT APPOINTS AN AUTHORITY
COMMISSIONER
, THEN THE SPECIAL DISTRICT APPOINTMENT REMAINS
VACANT UNTIL THE APPLICABLE APPOINTING AUTHORITY MAKES THE
APPOINTMENT PURSUANT TO THIS SUBSECTION
 (2)(a).
(III)  I
F THE GOVERNING BODY APPOINTS AN EVEN NUMBER OF
AUTHORITY COMMISSIONERS
, THE GOVERNING BODY SHALL DESIGNATE AN
AUTHORITY COMMISSIONER AS THE AUTHORITY COMMISSIONER WHO CASTS
THE DECIDING VOTE IN THE CASE OF AN OTHERWISE TIE VOTE
.
(b) (I)  A
UTHORITY COMMISSIONER TERMS ARE FOR FOUR YEARS ;
EXCEPT THAT THE GOVERNING BODY SHALL ASSIGN TERMS OF FOUR YEARS
OR FEWER FOR THE INITIAL AUTHORITY COMMISSIONERS SO THAT AUTHORITY
PAGE 8-HOUSE BILL 24-1172 COMMISSIONERS SERVE FOR STAGGERED TERMS .
(II)  T
HE GOVERNING BODY SHALL FILL AUTHORITY COMMISSIONER
VACANCIES
, OTHER THAN THOSE THAT OCCUR DUE TO THE EXPIRATION OF
TERMS
, FOR THE REMAINING UNEXPIRED TERM; EXCEPT THAT A VACANCY OF
THE SPECIAL DISTRICT
-APPOINTED SEAT MUST BE FILLED BY AGREEMENT OF
THE AFFECTED SPECIAL DISTRICTS
.
(III)  A
N AUTHORITY COMMISSIONER HOLDS OFFICE UNTIL THE
GOVERNING BODY APPOINTS THE AUTHORITY COMMISSIONER
'S QUALIFIED
SUCCESSOR
.
(c) (I)  T
HE GOVERNING BODY SHALL DESIGNATE THE CHAIRPERSON
FOR THE FIRST YEAR OF THE AUTHORITY
. WHEN THE OFFICE OF THE FIRST
CHAIRPERSON OF THE AUTHORITY BECOMES VACANT AND ANNUALLY
THEREAFTER
, THE AUTHORITY SHALL SELECT A CHAIRPERSON AND
VICE
-CHAIRPERSON FROM AMONG ITS MEMBERS .
(II)  A
N AUTHORITY MAY EMPLOY A SECRETARY , AN EXECUTIVE
DIRECTOR
, TECHNICAL EXPERTS, AND SUCH OTHER OFFICERS, AGENTS, AND
EMPLOYEES AS IT MAY REQUIRE AND SHALL DETERMINE THEIR
QUALIFICATIONS
, DUTIES, AND COMPENSATION.
(III)  A
N AUTHORITY MAY CALL UPON THE COUNTY ATTORNEY AND
EMPLOY ITS OWN COUNSEL AND LEGAL STAFF FOR LEGAL SERVICES
.
(IV)  A
N AUTHORITY MAY DELEGATE POWERS AND DUTIES TO ONE OR
MORE OF ITS AGENTS OR EMPLOYEES AS IT DEEMS PROPER
.
(d)  T
HE GOVERNING BODY SHALL FILE WITH THE COUNTY CLERK AND
RECORDER A CERTIFICATE OF THE APPOINTMENT OR REAPPOINTMENT OF ANY
AUTHORITY COMMISSIONER
, AND THE CERTIFICATE IS CONCLUSIVE EVIDENCE
OF THE DUE AND PROPER APPOINTMENT OF THE AUTHORITY COMMISSIONER
.
(e)  A
N AUTHORITY COMMISSIONER RECEIVES NO COMPENSATION FOR
SERVICES RENDERED
, BUT IS ENTITLED TO REIMBURSEMENT FOR NECESSARY
EXPENSES
, INCLUDING TRAVELING EXPENSES, INCURRED IN THE DISCHARGE
OF THE DUTIES DESCRIBED IN THIS ARTICLE 
31.
(f)  A
 MAJORITY OF THE AUTHORITY COMMISSIONERS CONSTITUTES
PAGE 9-HOUSE BILL 24-1172 A QUORUM.
(3) (a) (I)  U
PON APPOINTMENT AS AN AUTHORITY COMMISSIONER , AN
AUTHORITY COMMISSIONER SHALL FILE A CERTIFICATE WITH THE DIVISION
OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS SETTING
FORTH THAT THE GOVERNING BODY
, AFTER THE HEARING REQUIRED BY
SUBSECTION
 (1)(b) OF THIS SECTION, MADE THE FINDINGS AND DECLARATION
REQUIRED IN SUBSECTION
 (1)(c) OF THIS SECTION AND APPOINTED THE
AUTHORITY COMMISSIONER
.
(II)  U
PON AN AUTHORITY COMMISSIONER FILING SUCH A
CERTIFICATE
, THE AUTHORITY COMMISSIONER AND ANY SUCCESSOR
CONSTITUTES THE COUNTY REVITALIZATION AUTHORITY
, WHICH IS A BODY
CORPORATE AND POLITIC
.
(b)  I
N ANY SUIT, ACTION, OR PROCEEDING INVOLVING THE VALIDITY
OR ENFORCEMENT OF ANY BOND
, CONTRACT, MORTGAGE, TRUST INDENTURE,
OR OTHER AGREEMENT OF THE AUTHORITY , THE AUTHORITY MUST BE
CONCLUSIVELY DEEMED TO HAVE BEEN ESTABLISHED IN ACCORDANCE WITH
THE PROVISIONS OF THIS ARTICLE 
31 UPON PROOF OF THE FILING OF THE
CERTIFICATE DESCRIBED IN THIS SUBSECTION 
(3). A COPY OF THE
CERTIFICATE
, DULY CERTIFIED BY THE DIRECTOR OF THE DIVISION OF LOCAL
GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS
, IS ADMISSIBLE IN
EVIDENCE IN ANY SUCH SUIT
, ACTION, OR PROCEEDING.
(4) (a) (I)  N
EITHER ANY AUTHORITY COMMISSIONER , AUTHORITY
OFFICER
, OR EMPLOYEE OF AN AUTHORITY NOR ANY IMMEDIATE FAMILY
MEMBER OF ANY SUCH AUTHORITY COMMISSIONER
, OFFICER, OR EMPLOYEE
MAY ACQUIRE ANY INTEREST
, DIRECT OR INDIRECT, IN ANY COUNTY
REVITALIZATION PROJECT OR IN ANY PROPERTY INCLUDED OR PLANNED TO
BE INCLUDED IN ANY COUNTY REVITALIZATION PROJECT
.
(II)  A
N AUTHORITY COMMISSIONER SHALL NOT HAVE ANY INTEREST ,
DIRECT OR INDIRECT, IN ANY CONTRACT OR PROPOSED CONTRACT FOR
MATERIALS OR SERVICES TO BE FURNISHED OR USED IN CONNECTION WITH
ANY COUNTY REVITALIZATION PROJECT
.
(b) (I) (A)  I
F AN AUTHORITY COMMISSIONER , AUTHORITY OFFICER,
OR EMPLOYEE OF AN AUTHORITY OWNS OR CONTROLS AN INTEREST , DIRECT
OR INDIRECT
, IN ANY PROPERTY INCLUDED OR PLANNED TO BE INCLUDED IN
PAGE 10-HOUSE BILL 24-1172 THE COUNTY REVITALIZATION PROJECT , THE AUTHORITY COMMISSIONER
SHALL IMMEDIATELY DISCLOSE THE INTEREST IN WRITING TO THE
AUTHORITY
. THE DISCLOSURE MUST BE ENTERED UPON THE MINUTES OF THE
AUTHORITY
.
(B)  U
PON A DISCLOSURE MADE PURSUANT TO SUBSECTION
(4)(b)(I)(A) OF THIS SECTION, THE AUTHORITY COMMISSIONER, OFFICER, OR
OTHER EMPLOYEE SHALL NOT PARTICIPATE IN ANY ACTION BY THE
AUTHORITY AFFECTING THE CARRYING OUT OF THE COUNTY REVITALIZATION
PROJECT PLANNING OR THE UNDERTAKING OF THE PROJECT
, UNLESS THE
AUTHORITY DETERMINES THAT
, NOTWITHSTANDING THE PERSONAL
INTEREST
, THE PARTICIPATION OF THE AUTHORITY COMMISSIONER , OFFICER,
OR EMPLOYEE WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST .
(II)  A
CQUISITION OR RETENTION OF ANY INTEREST DESCRIBED IN
SUBSECTION
 (4)(b)(I)(A) OF THIS SECTION WITHOUT A DETERMINATION BY
THE AUTHORITY THAT THE INTEREST IS NOT CONTRARY TO THE PUBLIC
INTEREST OR WILLFUL FAILURE TO DISCLOSE ANY SUCH INTEREST
CONSTITUTES MISCONDUCT IN OFFICE
.
(5) (a)  T
HE GOVERNING BODY MAY REMOVE AN AUTHORITY
COMMISSIONER FOR INEFFICIENCY OR NEGLECT OF DUTY OR MISCONDUCT IN
OFFICE ONLY AFTER THE AUTHORITY COMMISSIONER HAS BEEN GIVEN A COPY
OF THE CHARGES THAT THE GOVERNING BODY MADE AGAINST THE
AUTHORITY COMMISSIONER AND THE AUTHORITY COMMISSIONER HAS HAD
AN OPPORTUNITY TO BE HEARD IN PERSON OR THROUGH COUNSEL BEFORE
THE GOVERNING BODY
.
(b)  I
F ANY AUTHORITY COMMISSIONER IS REMOVED , THE GOVERNING
BODY SHALL FILE A RECORD OF THE PROCEEDINGS
, TOGETHER WITH THE
CHARGES MADE AGAINST THE AUTHORITY COMMISSIONER AND ANY RELATED
FINDINGS
, IN THE OFFICE OF THE COUNTY CLERK AND RECORDER .
(6) (a)  A
NY TAXING ENTITY, OTHER THAN A SCHOOL DISTRICT OR THE
COUNTY
, THAT LEVIES TAXES IN AN AREA THAT WOULD FALL UNDER THE
COUNTY REVITALIZATION PLAN PROPOSED BY THE AUTHORITY MAY FILE A
PETITION WITH THE AUTHORITY REQUESTING TO JOIN THE AUTHORITY
.
(b)  W
ITHIN THIRTY DAYS OF RECEIVING THE NOTICE DESCRIBED IN
SUBSECTION
 (6)(a) OF THIS SECTION, THE AUTHORITY SHALL HOLD A PUBLIC
PAGE 11-HOUSE BILL 24-1172 HEARING TO DETERMINE WHETHER THE TAXING ENTITY THAT FILED A
PETITION SHOULD BE INCLUDED IN THE AUTHORITY
.
(c)  T
HE INCREMENTAL PROPERTY TAX REVENUE OF A TAXING ENTITY
THAT EITHER DOES NOT FILE A PETITION IN ACCORDANCE WITH SUBSECTION
(6)(a) OF THIS SECTION OR THAT THE AUTHORITY DECIDES NOT TO INCLUDE
IN THE AUTHORITY DURING A HEARING HELD IN ACCORDANCE WITH
SUBSECTION
 (6)(b) OF THIS SECTION SHALL NOT BE ALLOCATED UNDER THE
COUNTY REVITALIZATION PLAN PROPOSED BY THE AUTHORITY
.
30-31-105.  Powers of an authority. (1)  A
N AUTHORITY HAS ALL
THE POWERS NECESSARY OR CONVENIENT TO CARRY OUT AND EFFECTUATE
THE PURPOSES AND PROVISIONS OF THIS ARTICLE 
31, INCLUDING THE POWER
TO
:
(a)  S
UE AND TO BE SUED;
(b)  A
DOPT AND ALTER A SEAL;
(c)  H
AVE PERPETUAL SUCCESSION;
(d)  M
AKE, AND FROM TIME TO TIME AMEND AND REPEAL , BYLAWS,
ORDERS, RULES, AND REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS
ARTICLE 
31;
(e)  U
NDERTAKE COUNTY REVITALIZATION PROJECTS ;
(f)  M
AKE AND EXECUTE ANY AND ALL CONTRACTS AND OTHER
INSTRUMENTS WHICH IT MAY DEEM NECESSARY OR CONVENIENT TO THE
EXERCISE OF ITS POWERS UNDER THIS ARTICLE 
31, INCLUDING CONTRACTS
FOR ADVANCES
, LOANS, GRANTS, AND CONTRIBUTIONS FROM THE FEDERAL
GOVERNMENT OR ANY OTHER SOURCE
;
(g)  A
RRANGE FOR THE FURNISHING OR REPAIR BY ANY PERSON OR
PUBLIC BODY OF SERVICES
, PRIVILEGES, WORKS, STREETS, ROADS, PUBLIC
UTILITIES
, OR EDUCATIONAL OR OTHER FACILITIES FOR OR IN CONNECTION
WITH A PROJECT OF THE AUTHORITY
;
(h)  D
EDICATE PROPERTY ACQUIRED OR HELD BY THE AUTHORITY FOR
PUBLIC WORKS
, IMPROVEMENTS, FACILITIES, UTILITIES, AND OTHER
PAGE 12-HOUSE BILL 24-1172 PURPOSES;
(i)  A
GREE, IN CONNECTION WITH ANY OF THE AUTHORITY 'S
CONTRACTS
, TO ANY CONDITIONS THAT THE AUTHORITY DEEMS REAS ONABLE
AND APPROPRIATE UNDER THIS ARTICLE 
31, INCLUDING CONDITIONS
ATTACHED TO FEDERAL FINANCIAL ASSISTANCE
, AND TO INCLUDE IN ANY
CONTRACT MADE OR LET IN CONNECTION WITH ANY PROJECT OF THE
AUTHORITY PROVISIONS TO FULFILL SUCH CONDITIONS AS IT MAY DEEM
REASONABLE AND APPROPRIATE
;
(j)  A
RRANGE WITH THE COUNTY OR OTHER RELEVANT PUBLIC BODY
TO PLAN
, REPLAN, ZONE, OR REZONE ANY PART OF THE AREA OF THE COUNTY
OR OTHER PUBLIC BODY IN CONNECTION WITH ANY PROJECT PROPOSED OR
BEING UNDERTAKEN BY THE AUTHORITY UNDER THIS ARTICLE 
31;
(k)  E
NTER, WITH THE CONSENT OF THE OWNER , ANY BUILDING OR
PROPERTY IN ORDER TO MAKE SURVEYS OR APPRAISALS AND TO OBTAIN AN
ORDER FOR THIS PURPOSE FROM A COURT OF COMPETENT JURISDICTION IF
ENTRY IS DENIED OR RESISTED
;
(l)  A
CQUIRE ANY PROPERTY BY PURCHASE , LEASE, OPTION, GIFT,
GRANT, BEQUEST, DEVISE, OR OTHERWISE TO ACQUIRE ANY INTEREST IN
PROPERTY BY CONDEMNATION
, INCLUDING A FEE SIMPLE ABSOLUTE TITLE,
IN THE MANNER PROVIDED BY THE LAWS OF THE STATE FOR THE EXERCISE OF
THE POWER OF EMINENT DOMAIN BY ANY OTHER PUBLIC BODY
. PROPERTY
ALREADY DEVOTED TO A PUBLIC USE MAY BE ACQUIRED IN A LIKE MANNER
;
EXCEPT THAT NO PROPERTY BELONGING TO THE FEDERAL GOVERNMENT OR
TO A PUBLIC BODY MAY BE ACQUIRED WITHOUT ITS CONSENT
. ANY
ACQUISITION OF ANY INTEREST IN PROPERTY BY CONDEMNATION BY AN
AUTHORITY MUST BE APPROVED AS PART OF THE COUNTY REVITALIZATION
PLAN OR THE SUBSTANTIAL MODIFICATION OF THE COUNTY REVITALIZATION
PLAN
, AS PROVIDED IN SECTION 30-31-109, MUST BE APPROVED BY A
MAJORITY VOTE OF THE GOVERNING BODY IN WHICH THE PROPERTY IS
LOCATED
, AND MUST SATISFY THE REQUIREMENTS OF SECTION 30-31-106.
(m)  H
OLD, IMPROVE, CLEAR, OR PREPARE FOR REDEVELOPMENT ANY
PROPERTY ACQUIRED BY CONDEMNATION BY AN AUTHORITY
;
(n)  M
ORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE ENCUMBER
OR DISPOSE OF ITS PROPERTY
;
PAGE 13-HOUSE BILL 24-1172 (o)  INSURE ANY PROPERTY OR OPERATIONS OF THE AUTHORITY
AGAINST ANY RISKS OR HAZARDS
; EXCEPT THAT NO PROVISION OF ANY
OTHER LAW WITH RESPECT TO THE PLANNING OR UNDERTAKING OF PROJECTS
OR THE ACQUISITION
, CLEARANCE, OR DISPOSITION OF PROPERTY BY PUBLIC
BODIES MAY RESTRICT AN AUTHORITY FROM EXERCISING POWERS UNDER
THIS ARTICLE 
31 WITH RESPECT TO A PROJECT OF THE AUTHORITY UNLESS
THE GENERAL ASSEMBLY SO STATES
;
(p) (I)  I
NVEST ANY OF THE AUTHORITY'S MONEY NOT REQUIRED FOR
IMMEDIATE DISBURSEMENT IN PROPERTY OR IN SECURITIES IN WHICH PUBLIC
BODIES MAY LEGALLY INVEST MONEY SUBJECT TO THEIR CONTROL
PURSUANT TO PART 
6 OF ARTICLE 75 OF TITLE 24, AND TO REDEEM SUCH
BONDS AS THE AUTHORITY HAS ISSUED AT THE REDEMPTION PRICE
ESTABLISHED THEREIN OR TO PURCHASE SUCH BONDS AT LESS THAN
REDEMPTION PRICE
. ALL SUCH BONDS ISSUED BY AND THEN REDEEMED OR
PURCHASED BY AN AUTHORITY ARE CANCELED
.
(II)  D
EPOSIT ANY MONEY NOT REQUIRED FOR IMMEDIATE
DISBURSEMENT IN ANY DEPOSITORY AUTHORIZED IN SECTION 
24-75-603.
F
OR THE PURPOSE OF MAKING SUCH DEPOSITS , THE AUTHORITY MAY
APPOINT
, BY WRITTEN RESOLUTION , ONE OR MORE PERSONS TO ACT AS
CUSTODIANS OF THE MONEY OF THE AUTHORITY
. SUCH PERSONS SHALL GIVE
SURETY BONDS IN SUCH AMOUNTS AND FORM AND FOR SUCH PURPOSES AS
THE AUTHORITY REQUIRES
.
(III)  B
ORROW MONEY AND APPLY FOR AND ACCEPT ADVANCES ,
LOANS, GRANTS, AND CONTRIBUTIONS FROM THE FEDERAL GOVERNMENT OR
ANY OTHER SOURCE FOR ANY OF THE PURPOSES OF THIS ARTICLE 
31 AND TO
GIVE SUCH SECURITY AS THE FEDERAL GOVERNMENT OR OTHER LENDER MAY
REQUIRE
;
(IV)  M
AKE APPROPRIATIONS AND EXPENDITURES OF ITS FUNDS ; AND
(V)  SET UP, ESTABLISH, AND MAINTAIN GENERAL , SEPARATE, OR
SPECIAL FUNDS AND BANK ACCOUNTS OR OTHER ACCOUNTS AS IT DEEMS
NECESSARY TO CARRY OUT THE PURPOSES OF THIS ARTICLE 
31;
(q)  M
AKE AND SUBMIT, OR RESUBMIT TO THE GOVERNING BODY FOR
APPROPRIATE ACTION
, THE AUTHORITY 'S PROPOSED PLANS AND
MODIFICATIONS TO THOSE PLANS AS NECESSARY FOR THE CARRYING OUT OF
PAGE 14-HOUSE BILL 24-1172 THE PURPOSES OF THIS ARTICLE 31. SUCH PLANS MUST INCLUDE:
(I)  A
 ROADMAP TO ASSIST THE COUNTY IN ITS PREPARATION OF A
WORKABLE PROGRAM FOR UTILIZING APPROPRIATE PRIVATE AND PUBLIC
RESOURCES TO TAKE ADVANTAGE OF REVITALIZATION AREAS
, TO
ENCOURAGE NEEDED COUNTY REVITALIZATION
, TO PROVIDE FOR THE
REDEVELOPMENT OF REVITALIZATION AREAS
, OR TO UNDERTAKE SUCH
ACTIVITIES AS MAY BE SUITABLY EMPLOYED TO ACHIEVE THE OBJECTIVES OF
SUCH A WORKABLE PROGRAM
, WHICH MAY INCLUDE PROVISIONS FOR :
(A)  T
HE REHABILITATION OR CONSERVATION OF REVITALIZATION
AREAS OR PORTIONS OF THOSE AREAS BY REPLANNING
, REMOVING
CONGESTION
, PROVIDING PUBLIC IMPROVEMENTS , AND ENCOURAGING THE
REHABILITATION AND REPAIR OF DETERIORATED OR DETERIORATING
STRUCTURES
; AND
(B)  THE CLEARANCE AND REDEVELOPMENT OF REVITALIZATION
AREAS OR PORTIONS OF THOSE AREAS
;
(II)  C
OUNTY REVITALIZATION PLANS;
(III)  P
LANS FOR THE RELOCATION OF THOSE INDIVIDUALS , FAMILIES,
AND BUSINESS CONCERNS SITUATED IN THE COUNTY REVITALIZATION AREA
WHICH WILL BE DISPLACED BY THE COUNTY REVITALIZATION PROJECT
.
T
HESE RELOCATION PLANS MAY INCLUDE DATA SETTING FORTH A FEASIBLE
METHOD FOR THE TEMPORARY RELOCATION OF SUCH INDIVIDUALS
, FAMILIES,
AND BUSINESS CONCERNS AND SHOWING THAT THERE WILL BE PROVIDED , IN
THE COUNTY REVITALIZATION AREA OR IN OTHER AREAS NOT GENERALLY
LESS DESIRABLE IN REGARD TO PUBLIC UTILITIES AND PUBLIC AND
COMMERCIAL FACILITIES
, AND AT RENTS OR PRICES WITHIN THE FINANCIAL
MEANS OF SUCH INDIVIDUALS
, FAMILIES, AND BUSINESS CONCERNS, DECENT,
SAFE, AND SANITARY DWELLINGS AND COMMERCIAL SPACES EQUAL IN
NUMBER TO AND AVAILABLE TO SUCH INDIVI DUALS
, FAMILIES, AND BUSINESS
CONCERNS AND REASONABLY ACCESSIBLE TO THEIR PLACES OF EMPLOYMENT
OR BUSINESS
.
(IV)  P
LANS FOR UNDERTAKING A PROGRAM OF VOLUNTARY REPAIR
AND REHABILITATION OF BUILDINGS AND IMPROVEMENTS
;
(V)  P
LANS FOR THE ENFORCEMENT OF STATE AND LOCAL LAWS ,
PAGE 15-HOUSE BILL 24-1172 CODES, AND REGULATIONS RELATING TO:
(A)  T
HE USE OF LAND;
(B)  T
HE USE AND OCCUPANCY OF BUILDINGS ;
(C)  B
UILDING IMPROVEMENTS; AND
(D)  THE REPAIR, REHABILITATION, DEMOLITION, OR REMOVAL OF
BUILDINGS AND IMPROVEMENTS
; AND
(VI)  FINANCING PLANS, MAPS, PLATS, APPRAISALS, TITLE SEARCHES,
SURVEYS, STUDIES, AND OTHER PRELIMINARY PLANS AND WORK PERTINENT
TO ANY PROPOSED PLANS OR MODIFICATIONS
;
(r)  M
AKE REASONABLE RELOCATION PAYMENTS TO OR WITH RESPECT
TO INDIVIDUALS
, FAMILIES, AND BUSINESS CONCERNS SITUATED IN THE
COUNTY REVITALIZATION AREA THAT WILL BE DISPLACED AS PROVIDED IN
SUBSECTION
 (1)(q)(III) OF THIS SECTION FOR MOVING EXPENSES AND
ACTUAL DIRECT LOSSES OF PROPERTY INCLUDING
, FOR BUSINESS CONCERNS,
GOODWILL AND LOST PROFITS THAT ARE REASONABLY RELATED TO
RELOCATION OF THE BUSINESS
, RESULTING FROM THEIR DISPLACEMENT FOR
WHICH REIMBURSEMENT OR COMPENSATION IS NOT OTHERWISE MADE
,
INCLUDING THE MAKING OF SUCH PAYMENTS FINANCED BY THE FEDERAL
GOVERNMENT
;
(s)  D
EVELOP, TEST, AND REPORT METHODS AND TECHNIQUES FOR
TAKING ADVANTAGE OF THE REVITALIZATION AREAS WITHIN THE COUNTY
AND CARRY OUT DEMONSTRATIONS AND OTHER ACTIVITIES FOR TAKING
ADVANTAGE OF THE REVITALIZATION AREAS
; AND
(t)  RENT OR PROVIDE BY OTHER MEANS, INCLUDING ACCEPTING THE
USE OF SUITABLE QUARTERS FURNISHED BY THE RELEVANT COUNTY OR ANY
OTHER PUBLIC BODY
, SUITABLE QUARTERS FOR THE USE OF THE AUTHORITY
AND EQUIP SUCH QUARTERS WITH FURNITURE
, FURNISHINGS, EQUIPMENT,
RECORDS, AND SUPPLIES AS THE AUTHORITY DEEMS NECESSARY TO ENABLE
IT TO EXERCISE ITS POWERS UNDER THIS ARTICLE 
31.
(2)  N
O AUTHORITY HAS POWER TO LEVY OR ASSESS AD VALOREM
TAXES
, PERSONAL PROPERTY TAXES , OR ANY OTHER FORM OF TAXES
PAGE 16-HOUSE BILL 24-1172 INCLUDING SPECIAL ASSESSMENTS AGAINST ANY PROPERTY .
(3)  N
O MUNICIPALITY IS REQUIRED TO PROVIDE SERVICES WITHIN THE
BOUNDARIES OF THE COUNTY REVITALIZATION AREA OR TO PROVIDE OR
EXPAND INFRASTRUCTURE OR FACILITIES TO SERVE A C	OUNTY
REVITALIZATION PROJECT
; EXCEPT THAT THE AUTHORITY OR COUNTY AND
A MUNICIPALITY MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
REGARDING THE PROVISION OF SERVICES WITHIN THE BOUNDARIES OF THE
COUNTY REVITALIZATION AREA OR TO PROVIDE OR EXPAND
INFRASTRUCTURE OR FACILITIES TO SERVICE A COUNTY REVITALIZATION
PROJECT
.
(4)  N
OTHING IN THIS ARTICLE 31 SHALL BE CONSTRUED TO AFFECT
THE AUTHORITY OF A MUNICIPALITY TO REGULATE AND PLAN FOR THE USE
OF LAND OR AFFECT ANY AGREEMENT BETWEEN A MUNICIPALITY AND A
LANDOWNER OR PUBLIC BODY RELATING TO THE USE OR DEVELOPMENT OF
LAND
.
30-31-106.  Acquisition of private property by eminent domain
by authority for subsequent transfer to private party - restrictions -
exceptions - right of civil action - damages - definitions. (1) (a)  E
XCEPT
AS PROVIDED IN THIS SUBSECTION 
(1) OR SUBSECTION (2) OF THIS SECTION,
PRIVATE PROPERTY ACQUIRED BY EMINENT DOMAIN BY AN AUTHORITY
PURSUANT TO SECTION 
30-31-105 (1)(l) SHALL NOT LATER BE TRANSFERRED
TO A PRIVATE PARTY UNLESS
:
(I)  T
HE OWNER OF THE PROPERTY CONSENTS IN WRITING TO
ACQUISITION OF THE PROPERTY BY EMINENT DOMAIN BY THE AUTHORITY
;
(II)  T
HE AUTHORITY DETERMINES THAT THE PROPERTY IS NO LONGER
NECESSARY FOR THE PURPOSE FOR WHICH THE AUTHORITY ORIGINALLY
ACQUIRED THE PROPERTY
, AND THE AUTHORITY FIRST OFFERS TO SELL THE
PROPERTY TO THE OWNER FROM WHICH THE AUTHORITY ACQUIRED THE
PROPERTY
, IF THE OWNER CAN BE LOCATED , AT A PRICE NOT MORE THAN
THAT PAID BY THE AUTHORITY
, AND THE OWNER OF THE PROPERTY DECLINES
THE AUTHORITY
'S OFFER;
(III)  T
HE PROPERTY ACQUIRED BY THE AUTHORITY IS ABANDONED ;
OR
PAGE 17-HOUSE BILL 24-1172 (IV)  THE OWNER OF THE PROPERTY REQUESTS OR PLEADS IN AN
EMINENT DOMAIN ACTION THAT THE AUTHORITY ACQUIRING THE PROPERTY
ALSO ACQUIRE PROPERTY THAT IS NOT ESSENTIAL TO THE PURPOSE OF THE
AUTHORITY
'S ACQUISITION ON THE BASIS THAT ACQUIRING LESS PROPERTY
WOULD LEAVE THE OWNER OF THE PROPERTY HOLDING AN UNECONOMIC
REMNANT
.
(b)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , A
TRANSFER THAT SATISFIES THE REQUIREMENTS OF THIS SUBSECTION 
(1) IS
NOT SUBJECT TO THE PROVISIONS OF SUBSECTION 
(2), (3), OR (4) OF THIS
SECTION
.
(2) (a)  I
F A PROPOSED TRANSFER OF PRIVATE PROPERTY ACQUIRED
BY AN AUTHORITY BY EMINENT DOMAIN DOES NOT SATISFY ONE OF THE
REQUIREMENTS SPECIFIED IN SUBSECTION
 (1)(a) OF THIS SECTION, SUCH
PROPERTY MAY LATER BE TRANSFERRED TO A PRIVATE PARTY ONLY AFTER
THE FOLLOWING CONDITIONS ARE SATISFIED
:
(I)  T
HE GOVERNING BODY MAKES A DETERMINATION THAT THE
PROPERTY IS LOCATED IN A REVITALIZATION AREA AND THAT THE COUNTY
REVITALIZATION PROJECT FOR WHICH THE PROPERTY WAS BEING ACQUIRED
WILL COMMENCE NO LATER THAN SEVEN YEARS FROM THE DATE THE
GOVERNING BODY MADE THE REVITALIZATION AREA DETERMINATION
. FOR
PURPOSES OF THIS SUBSECTION
 (2)(a)(I), THE GOVERNING BODY 'S
DETERMINATION OF WHETHER A PARTICULAR AREA OR PROPERTY IS A
REVITALIZATION AREA MUST BE BASED UPON INFORMATION THAT IS
REASONABLY CURRENT WHEN THE GOVERNING BODY MAKES THE
DETERMINATION
.
(II)  N
OT LATER THAN THE COMMENCEMENT OF THE NEGOTIATION OF
AN AGREEMENT FOR THE REDEVELOPMENT OR REHABILITATION OF PROPERTY
ACQUIRED OR TO BE ACQUIRED BY EMINENT DOMAIN
, THE AUTHORITY
PROVIDES NOTICE AND INVITES PROPOSALS FOR REDEVELOPMENT OR
REHABILITATION FROM ALL PROPERTY OWNERS
, RESIDENTS, AND OWNERS OF
BUSINESS CONCERNS LOCATED ON THE PROPERTY ACQUIRED OR TO BE
ACQUIRED BY EMINENT DOMAIN IN THE COUNTY REVITALIZATION AREA BY
MAILING NOTICE TO THEIR LAST KNOWN ADDRESS OF RECORD
. THE
AUTHORITY MAY
, AT THE SAME TIME , INVITE PROPOSALS FOR
REDEVELOPMENT OR REHABILITATION FROM OWNERS OF BUSINESS
CONCERNS
, OTHER INTERESTED PERSONS WHO MAY NOT BE PROPERTY
PAGE 18-HOUSE BILL 24-1172 OWNERS, OR RESIDENTS WITHIN THE COUNTY REVITALIZATION AREA AND
MAY PROVIDE PUBLIC NOTICE THEREOF BY PUBLICATION IN A NEWSPAPER
HAVING A GENERAL CIRCULATION WITHIN THE COUNTY IN WHICH THE
AUTHORITY HAS BEEN ESTABLISHED
.
(III)  I
N THE CASE OF A SET OF PARCELS TO BE ACQUIRED BY THE
AUTHORITY IN CONNECTION WITH THE COUNTY REVITALIZATION PROJECT
, AT
LEAST ONE OF WHICH PARCELS IS OWNED BY AN OWNER REFUSING OR
REJECTING AN AGREEMENT FOR THE ACQUISITION OF THE ENTIRE SET OF
PARCELS
, THE AUTHORITY MAKES A DETERMINATION THAT THE
REDEVELOPMENT OR REHABILITATION OF THE REMAINING PARCELS IS NOT
VIABLE UNDER THE COUNTY REVITALIZATION PLAN WIT HOUT THE PARCEL AT
ISSUE
.
(b) (I)  A
NY OWNER OF PROPERTY LOCATED WITHIN THE COUNTY
REVITALIZATION AREA MAY CHALLENGE THE DETERMINATION OF A
REVITALIZATION AREA MADE BY THE GOVERNING BODY PURSUANT TO
SUBSECTION
 (2)(a)(I) OF THIS SECTION BY FILING, NOT LATER THAN THIRTY
DAYS AFTER THE DETERMINATION
, A CIVIL ACTION IN DISTRICT COURT
PURSUANT TO 
C.R.C.P. 106 (a)(4) FOR JUDICIAL REVIEW OF THE EXERCISE
OF DISCRETION ON THE PART OF THE GOVERNING BODY IN MAKING THE
DETERMINATION
. ANY SUCH ACTION MUST BE GOVERNED IN ACCORDANCE
WITH THE PROCEDURES AND OTHER REQUIREMENTS SPECIFIED IN 
C.R.C.P.
106 (a)(4); 
EXCEPT THAT THE GOVERNING BODY HAS THE BURDEN OF
PROVING THAT
, IN MAKING ITS REVITALIZATION AREA DETERMINATION , IT
NEITHER EXCEEDED ITS JURISDICTION NOR ABUSED ITS DISCRETION
.
(II)  I
F THE OWNER IS THE PREVAILING PARTY ON A CHALLENGE
BROUGHT PURSUANT TO THIS SUBSECTION
 (2)(b), AN AUTHORITY SEEKING
TO ACQUIRE PROPERTY BY EMINENT DOMAIN IN ACCORDANCE WITH THE
REQUIREMENTS OF THIS SUBSECTION 
(2) SHALL REIMBURSE THE OWNER OF
THE PROPERTY FOR REASONABLE ATTORNEY FEES INCURRED BY THE OWNER
IN CONNECTION WITH THE ACQUISITION
.
(c)  N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , ANY
DETERMINATION MADE BY THE GOVERNING B ODY PURSUANT TO SUBSECTION
(2)(a) OF THIS SECTION IS A LEGISLATIVE DETERMINATION AND NOT A
QUASI
-JUDICIAL DETERMINATION.
(d)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 31,
PAGE 19-HOUSE BILL 24-1172 AN AUTHORITY'S EMINENT DOMAIN AUTHORITY SHALL NOT EXCEED THAT OF
THE COUNTY WHERE THE AUTHORITY IS LOCATED
.
(3) (a) (I)  A
NY AUTHORITY THAT EXERCISES THE POWER OF EMINENT
DOMAIN TO TRANSFER ACQUIRED PROPERTY TO ANOTHER PRIVATE PARTY AS
AUTHORIZED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION
SHALL ADOPT RELOCATION ASSISTANCE AND LAND ACQUISITION POLICIES TO
BENEFIT DISPLACED PERSONS THAT ARE CONSISTENT WITH THOSE SET FORTH
IN ARTICLE 
56 OF TITLE 24 TO THE EXTENT APPLICABLE TO THE FACTS OF
EACH SPECIFIC PROPERTY AND AT THE TIME OF THE RELOCATION OF THE
OWNER OR THE OCCUPANT
. AN AUTHORITY SHALL PROVIDE COMPENSATION
OR OTHER FORMS OF ASSISTANCE TO ANY DISPLACED PERSON IN
ACCORDANCE WITH THE ADOPTED POLICIES
.
(II)  I
N THE CASE OF A BUSINESS CONCERN DISPLACED BY THE
ACQUISITION OF PROPERTY BY EMINENT DOMAIN
, THE AUTHORITY SHALL
MAKE A BUSINESS INTERRUPTION PAYMENT TO THE BUSINESS CONCERN NOT
TO EXCEED THE LESSER OF TEN THOUSAND DOLLARS OR ONE
-FOURTH OF THE
AVERAGE ANNUAL TAXABLE INCOME SHOWN ON THE THREE MOST RECENT
FEDERAL INCOME TAX RETURNS OF THE BUSINESS CONCERN
.
(b)  I
N ANY CASE WHERE THE ACQUISITION OF PROPERTY BY EMINENT
DOMAIN BY AN AUTHORITY DISPLACES INDIVIDUALS
, FAMILIES, OR BUSINESS
CONCERNS
, THE AUTHORITY SHALL MAKE REASONABLE EFFORTS TO
RELOCATE THOSE INDIVIDUALS
, FAMILIES, OR BUSINESS CONCERNS WITHIN
THE COUNTY REVITALIZATION AREA
. THIS RELOCATION MUST BE CONSISTENT
WITH THE USES PROVIDED IN THE COUNTY REVITALIZATION PLAN OR IN
AREAS WITHIN REASONABLE PROXIMITY TO
, OR COMPARABLE TO , THE
ORIGINAL LOCATION OF SUCH INDIVIDUALS
, FAMILIES, OR BUSINESS
CONCERNS
.
(4)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
, "PRIVATE PROPERTY" OR "PROPERTY" MEANS, AS APPLIED TO
REAL PROPERTY
, ONLY A FEE OWNERSHIP INTEREST.
30-31-107.  Condemnation actions by authorities - effect of other
provisions. N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , ANY
CONDEMNATION ACTION COMMENCED BY AN AUTHORITY MUST SATISFY THE
REQUIREMENTS OF SECTION 
38-1-101. TO THE EXTENT THAT THERE IS ANY
CONFLICT BETWEEN THIS ARTICLE 
31 AND SECTION 38-1-101, SECTION
PAGE 20-HOUSE BILL 24-1172 38-1-101 CONTROLS.
30-31-108.  Disposal of property in county revitalization area.
(1) (a)  A
N AUTHORITY MAY SELL, LEASE, OR OTHERWISE TRANSFER REAL
PROPERTY OR ANY INTEREST THEREIN ACQUIRED BY THE AUTHORITY AS PART
OF THE COUNTY REVITALIZATION PROJECT FOR RESIDENTIAL
, RECREATIONAL,
COMMERCIAL, INDUSTRIAL, OR OTHER USES, OR FOR PUBLIC USE IN
ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN
, SUBJECT TO SUCH
COVENANTS
, CONDITIONS, AND RESTRICTIONS, INCLUDING COVENANTS
RUNNING WITH THE LAND AND THE INCORPORATION BY REFERENCE OF THE
PROVISIONS OF THE COUNTY REVITALIZATION PLAN OR ANY PART THEREOF
AS THE AUTHORITY DEEMS TO BE IN THE PUBLIC INTEREST OR NECESSARY TO
CARRY OUT THE PURPOSES OF THIS ARTICLE 
31.
(b)  T
HE PURCHASERS, LESSEES, TRANSFEREES, AND THEIR
SUCCESSORS AND ASSIGNEES DESCRIBED IN THIS SUBSECTION 
(1) ARE
OBLIGATED TO DEVOTE THE REAL PROPERTY DESCRIBED IN THIS SUBSECTION
(1) ONLY TO THE LAND USES, DESIGNS, BUILDING REQUIREMENTS, TIMING, OR
PROCEDURES SPECIFIED IN THE COUNTY REVITALIZATION PLAN AND MAY BE
OBLIGATED TO COMPLY WITH OTHER REQUIREMENTS THAT THE AUTHORITY
DETERMINES ARE IN THE PUBLIC INTEREST
, INCLUDING THE OBLIGATION TO
BEGIN ANY IMPROVEMENTS ON SUCH REAL PROPERTY THAT ARE REQUIRED
BY THE COUNTY REVITALIZATION PLAN WITHIN A REASONABLE TIME
.
(c) (I)  T
HE REAL PROPERTY OR INTEREST DESCRIBED IN SUBSECTION
(1)(a) OF THIS SECTION MUST BE SOLD , LEASED, OR OTHERWISE
TRANSFERRED AT NOT LESS THAN ITS FA IR VALUE AS DETERMINED BY THE
AUTHORITY FOR USES IN ACCORDANCE WITH THE COUNTY REVITALIZATION
PLAN
.
(II)  I
N DETERMINING THE FAIR VALUE OF REAL PROPERTY FOR USES
IN ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN
, AN AUTHORITY
SHALL TAKE INTO ACCOUNT
:
(A)  T
HE USES PROVIDED IN THE COUNTY REVITALIZATION PLAN ;
(B)  T
HE RESTRICTIONS UPON AND THE COVENANTS , CONDITIONS,
AND OBLIGATIONS ASSUMED BY THE PURCHASER OR LESSEE ; AND
(C)  THE OBJECTIVES OF THE COUNTY REVITALIZATION PLAN IN
PAGE 21-HOUSE BILL 24-1172 RELATION TO TAKING ADVANTAGE OF REVITALIZATION AREAS .
(d) (I)  R
EAL PROPERTY ACQUIRED BY AN AUTHORITY WHICH , IN
ACCORDANCE WITH THE PROVISIONS OF THE C OUNTY REVITALIZATION PLAN
,
IS TO BE TRANSFERRED MUST BE TRANS FERRED AS RAPIDLY AS FEASIBLE IN
THE PUBLIC INTEREST CONSISTENT WITH THE COUNTY REVITALIZATION PLAN
.
(II)  A
NY CONTRACT FOR THE TRANSFER OF REAL PROPERTY
DESCRIBED IN THIS SECTION AND THE COUNTY REVITALIZATION PLAN
, OR
ANY PART OF THE CONTRACT OR PLAN AS THE AUTHORITY MAY DETERMINE
,
MAY BE RECORDED IN THE LAND RECORDS OF THE COUNTY IN SUCH MANNER
AS TO AFFORD ACTUAL OR CONSTRUCTIVE NOTICE
.
(2) (a)  A
N AUTHORITY SHALL ONLY DISPOSE OF REAL PROPERTY IN
THE COUNTY REVITALIZATION AREA TO PRIVATE PERSONS UNDER SUCH
REASONABLE COMPETITIVE BIDDING PROCEDURES AS THE AUTHORITY
PRESCRIBES OR AS PROVIDED IN THIS SUBSECTION 
(2).
(b) (I)  A
N AUTHORITY, BY PUBLIC NOTICE BY PUBLICATION ONCE
EACH WEEK FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER HAVING A
GENERAL CIRCULATION IN THE COUNTY
, BEFORE THE EXECUTION OF ANY
CONTRACT TO SELL
, LEASE, OR OTHERWISE TRANSFER REAL PROPERTY , AND
BEFORE THE DELIVERY OF ANY INSTRUMENT OF CONVEYANCE PURSUANT TO
THIS SECTION
, MAY INVITE PROPOSALS FROM AND MAKE AVAILABLE ALL
PERTINENT INFORMATION TO ANY PERSON INTERESTED IN UNDERTAKING THE
REDEVELOPMENT OR REHABILITATION OF THE COUNTY REVITALIZATION
AREA OR ANY PART THEREOF
.
(II)  N
OTICE GIVEN IN ACCORDANCE WITH THIS SUBSECTION (2)(b)
MUST IDENTIFY THE RELEVANT PORTION OF THE AREA AND MUST STATE THAT
SUCH FURTHER INFORMATION AS IS AVAILABLE MAY BE OBTAINED AT THE
OFFICE DESIGNATED IN THE NOTICE
.
(c)  A
N AUTHORITY SHALL CONSIDER ALL REDEVELOPMENT OR
REHABILITATION PROPOSALS RECEIVED IN ACCORDANCE WITH SUBSECTION
(2)(b) OF THIS SECTION AND THE FINANCIAL AND LEGAL ABILITY OF THE
PERSONS MAKING THE PROPOSALS TO CARRY THEM OUT AND MAY
NEGOTIATE WITH ANY PERSONS FOR PROPOSALS FOR THE PURCHASE
, LEASE,
OR OTHER TRANSFER OF ANY REAL PROPERTY ACQUIRED BY THE AUTHORITY
IN THE COUNTY REVITALIZATION AREA
.
PAGE 22-HOUSE BILL 24-1172 (d)  AN AUTHORITY MAY ACCEPT SUCH PROPOSALS AS IT DEEMS TO
BE IN THE PUBLIC INTEREST AND IN FURTHERANCE OF THE PURPOSES OF THIS
ARTICLE 
31.
(e)  A
N AUTHORITY SHALL FILE A NOTIFICATION OF INTENTION TO
ACCEPT A PROPOSAL WITH THE GOVERNING B ODY NOT LESS THAN FIFTEEN
DAYS BEFORE ANY SUCH ACCEPTANCE
. THEREAFTER, THE AUTHORITY MAY
EXECUTE THE PROPOSAL IN ACCORDANCE WITH THE PROVISIONS OF
SUBSECTION 
(1) OF THIS SECTION AND DELIVER DEEDS, LEASES, AND OTHER
INSTRUMENTS AND TAKE ALL STEPS NECESSARY TO EFFECTUATE THE
PROPOSAL
.
(3)  A
N AUTHORITY MAY TEMPORARILY OPERATE AND MAINTAIN
REAL PROPERTY ACQUIRED IN THE COUNTY REVITALIZATION AREA PENDING
THE DISPOSITION OF THE PROPERTY FOR REDEVELOPMENT WITHOUT REGARD
TO THE PROVISIONS OF SUBSECTION 
(1) OF THIS SECTION FOR SUCH USES AND
PURPOSES AS IT DEEMS DESIRABLE EVEN IF THOSE USES AND PURPOSES ARE
NOT IN CONFORMITY WITH THE COUNTY REVITALIZATION PLAN
.
(4)  N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, AN
AUTHORITY MAY SET ASIDE
, DEDICATE, AND DEVOTE PROJECT REAL
PROPERTY TO PUBLIC USES IN ACCORDANCE WITH THE COUNTY
REVITALIZATION PLAN OR SET ASIDE
, DEDICATE, AND TRANSFER REAL
PROPERTY TO THE COUNTY OR TO ANY OTHER APPROPRIATE PUBLIC BODY
FOR PUBLIC USES IN ACCORDANCE WITH THE COUNTY REVITALIZATION PLAN
WITH OR WITHOUT COMPENSATION FOR SUCH PROPERTY
, WITH OR WITHOUT
REGARD TO THE FAIR VALUE OF SUCH PROPERTY AS DETERMINED IN
SUBSECTION 
(1) OF THIS SECTION, AND UPON OR SUBJECT TO SUCH TERMS ,
CONDITIONS, COVENANTS, RESTRICTIONS, OR LIMITATIONS AS THE
AUTHORITY DEEMS TO BE IN THE PUBLIC INTEREST AND AS ARE CONSISTENT
WITH THE PURPOSES AND OBJECTIVES AND THE OTHER APPLICABLE
PROVISIONS OF THIS ARTICLE 
31.
30-31-109.  Approval of county revitalization plans by local
governing body - definitions. (1) (a)  A
N AUTHORITY MAY NOT
UNDERTAKE THE COUNTY REVITALIZATION PROJECT FOR THE COUNTY
REVITALIZATION AREA UNLESS
, BASED ON EVIDENCE PRESENTED AT A PUBLIC
HEARING
, THE GOVERNING BODY HAS DETERMINED BY RESOLUTION THAT
THE AREA IS A REVITALIZATION AREA AND HAS DESIGNATED THE AREA AS
APPROPRIATE FOR A COUNTY REVITALIZATION PROJECT
.
PAGE 23-HOUSE BILL 24-1172 (b) (I)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE
31, WITHIN THIRTY DAYS OF COMMISSIONING A STUDY TO DETERMINE
WHETHER AN AREA IS A REVITALIZATION AREA IN ACCORDANCE WITH THE
REQUIREMENTS OF SUBSECTION
 (1)(a) OF THIS SECTION, THE AUTHORITY
SHALL PROVIDE NOTICE TO ANY OWNER OF PRIVATE PROPERTY LOCATED IN
THE AREA THAT IS THE SUBJECT OF THE STUDY BY MAILING NOTICE TO THE
OWNER BY REGULAR MAIL AT THE LAST
-KNOWN ADDRESS OF RECORD AND
TO ANY MUNICIPALITY WITHIN THREE MILES OF THE PROPOSED AREA
. THE
NOTICE MUST STATE THAT THE AUTHORITY IS COMMENCING A STUDY
NECESSARY FOR MAKING A DETERMINATION AS TO WHETHER THE AREA IN
WHICH THE OWNER OWNS PROPERTY IS A REVITALIZATION AREA
. WITHIN
SEVEN DAYS OF MAKING SUCH DETERMINATION
, THE AUTHORITY OR THE
COUNTY
, AS APPLICABLE, SHALL ALSO PROVIDE NOTICE OF THE
DETERMINATION TO ANY OWNER OF PRIVATE PROPERTY LOCATED IN THE
AREA THAT IS THE SUBJECT OF THE STUDY BY MAILING NOTICE TO THE
OWNER BY REGULAR MAIL AT THE LAST
-KNOWN ADDRESS OF RECORD .
(II)  A
S USED IN THIS SUBSECTION (1)(b), "PRIVATE PROPERTY"
MEANS, AS APPLIED TO REAL PROPERTY, ONLY A FEE OWNERSHIP INTEREST.
(c) (I)  T
HE BOUNDARIES OF AN AREA THAT THE GOVERNING BODY
DETERMINES TO BE A REVITALIZATION AREA MUST BE DRAWN AS NARROWLY
AS THE GOVERNING BODY DETERMINES FEASIBLE TO ACCOMPLISH THE
PLANNING AND DEVELOPMENT OBJECTIVES OF THE PROPOSED COUNTY
REVITALIZATION PLAN
. THE GOVERNING BODY SHALL NOT APPROVE THE
COUNTY REVITALIZATION PLAN UNTIL A GENERAL PLAN FOR THE COUNTY
HAS BEEN PREPARED
. IN MAKING THE DETERMINATION AS TO WHETHER A
PARTICULAR AREA IS A REVITALIZATION AREA PURSUANT TO THE PROVISIONS
OF THIS ARTICLE 
31, ANY PARTICULAR CONDITION FOUND TO BE PRESENT
MAY SATISFY AS MANY OF THE FACTORS REFERENCED IN SECTION 
30-31-103
(14)
 AS ARE APPLICABLE TO THE CONDITION.
(II)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 31,
NO COUNTY REVITALIZATION AREA MAY CONTAIN ANY AGRICULTURAL LAND
UNLESS
:
(A)  T
HE AGRICULTURAL LAND IS A BROWNFIELD SITE ;
(B)  N
OT LESS THAN ONE-HALF OF THE COUNTY REVITALIZATION
AREA AS A WHOLE CONSISTS OF PARCELS OF LAND CONTAINING
PAGE 24-HOUSE BILL 24-1172 URBAN-LEVEL DEVELOPMENT THAT , AT THE TIME OF THE DESIGNATION OF
SUCH AREA
, THE GOVERNING BODY DETERMINES TO BE A REVITALIZATION
AREA IN ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION
 (1)(a) OF
THIS SECTION
, AND NOT LESS THAN TWO-THIRDS OF THE PERIMETER OF THE
COUNTY REVITALIZATION AREA AS A WHOLE IS CONTIGUOUS WITH
URBAN
-LEVEL DEVELOPMENT AS DETERMINED AT THE TIME OF THE
DESIGNATION OF SUCH AREA
;
(C)  T
HE AGRICULTURAL LAND IS AN ENCLAVE WITHIN THE
TERRITORIAL BOUNDARIES OF THE COUNTY AND THE ENTIRE PERIMETER OF
THE ENCLAVE HAS BEEN CONTIGUOUS WITH URBAN
-LEVEL DEVELOPMENT
FOR A PERIOD OF NOT LESS THAN THREE YEARS AS DETERMINED AT THE TIME
OF THE DESIGNATION OF THE AREA
; OR
(D)  EACH PUBLIC BODY THAT LEVIES AN AD VALOREM PROPERTY
TAX ON THE AGRICULTURAL LAND AGREES IN WRITING TO THE INCLUSION OF
THE AGRICULTURAL LAND WITHIN THE COUNTY REVITALIZATION AREA
.
(III)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 31,
THE COUNTY REVITALIZATION AUTHORITY MUST NOT OVERLAP WITH AN
URBAN RENEWAL AUTHORITY
, AND THE BOUNDARIES OF THE COUNTY
REVITALIZATION AREA MUST NOT OVERLAP WITH A MUNICIPALITY
, EXCEPT
WHERE THE PROPERTY IS SUBSEQUENTLY ANNEXED INTO THE MUNICIPALITY
OR PURSUANT TO SECTION 
30-31-118.
(d)  A
 COUNTY REVITALIZATION PLAN THAT IS APPROVED OR
SUBSTANTIALLY MODIFIED MUST INCLUDE A LEGAL DESCRIPTION OF THE
COUNTY REVITALIZATION AREA
, INCLUDING THE LEGAL DESCRIPTION OF ANY
AGRICULTURAL LAND PROPOSED FOR INCLUSION WITHIN THE COUNTY
REVITALIZATION AREA PURSUANT TO SUBSECTION
 (1)(c)(II) OF THIS
SECTION
.
(2) (a)  P
RIOR TO APPROVING A COUNTY REVITALIZATION PLAN , A
GOVERNING BODY SHALL SUBMIT THE PLAN TO THE COUNTY PLANNING
COMMISSION FOR REVIEW AND RECOMMENDATIONS AS TO THE PLAN
'S
CONFORMITY WITH THE GENERAL PLAN FOR THE DEVELOPMENT OF THE
COUNTY AS A WHOLE
. THE COUNTY PLANNING COMMISSION SHALL ALSO
REVIEW AND PROVIDE RECOMMENDATIONS AS TO THE PLAN
'S INTERACTION
WITH APPLICABLE MUNICIPAL PLANS FOR THE DEVELOPMENT OF
UNINCORPORATED TERRITORY IF THE COUNTY REVITALIZATION PLAN
PAGE 25-HOUSE BILL 24-1172 INCLUDES PROPERTY THAT IS INCLUDED WITHIN A MUNICIPAL PLAN ADOPTED
PURSUANT TO SECTION
 31-12-105 (1)(e)(I) OR SECTION 31-23-212.
(b)  T
HE PLANNING COMMISSION SHALL SUBMIT ITS WRITTEN
RECOMMENDATIONS TO THE GOVERNING BODY WITHIN THIRTY DAYS AFTER
RECEIPT OF THE PLAN
.
(c)  U
PON RECEIPT OF THE RECOMMENDATIONS OF THE PLANNING
COMMISSION OR
, IF NO RECOMMENDATIONS ARE RECEIVED WITHIN THIRTY
DAYS
, WITHOUT SUCH RECOMMENDATIONS , A GOVERNING BODY MAY
PROCEED WITH THE HEARING ON THE PROPOSED COUNTY REVITALIZATION
PLAN REQUIRED BY SUBSECTION 
(5) OF THIS SECTION.
(3) (a)  A
T LEAST THIRTY DAYS PRIOR TO THE HEARING DESCRIBED IN
SUBSECTION
 (5)(a) OF THIS SECTION ON A COUNTY REVITALIZATION PLAN OR
A SUBSTANTIAL MODIFICATION TO A COUNTY REVITALIZATION PLAN
, THE
COUNTY OR THE AUTHORITY SHALL SUBMIT A COUNTY REVITALIZATION
IMPACT REPORT ALONG WITH THE COUNTY REVITALIZATION PLAN OR
MODIFICATION TO A COUNTY REVITALIZATION PLAN TO EVERY MUNICIPALITY
WITHIN ONE MILE OF THE COUNTY REVITALIZATION AREA
. THE COUNTY
REVITALIZATION IMPACT REPORT MUST INCLUDE
, AT A MINIMUM, THE
FOLLOWING INFORMATION CONCERNING THE IMPACT OF SUCH A COUNTY
REVITALIZATION PLAN
:
(I)  A
N ESTIMATE OF THE IMPACT OF THE COUNTY REVITALIZATION
PROJECT ON MUNICIPAL SERVICES AND INFRASTRUCTURE
;
(II)  A
N ESTIMATE OF THE COST AND EXTENT OF ADDITIONAL
MUNICIPAL INFRASTRUCTURE AND SERVICES THAT ARE ANTICIPATED TO BE
NEEDED TO SERVE DEVELOPMENT WITHIN THE PROPOSED COUNTY
REVITALIZATION AREA
, AND THE BENEFIT OF IMPROVEMENTS WITHIN THE
COUNTY REVITALIZATION AREA TO EXISTING MUNICIPAL INFRASTRUCTURE
;
(III)  A
 STATEMENT SETTING FORTH THE METHOD UNDER WHICH THE
AUTHORITY OR THE COUNTY WILL FI NANCE
, OR THAT AGREEMENTS ARE IN
PLACE TO FINANCE
, ANY ADDITIONAL MUNICIPAL INFRASTRUCTURE AND
SERVICES TO SERVE DEVELOPMENT IN THE COUNTY REVITALIZATION AREA
FOR THE DURATION OF THE COUNTY REVITALIZATION PROJECT
; AND
(IV)  ANY OTHER ESTIMATED IMPACTS OF THE COUNTY
PAGE 26-HOUSE BILL 24-1172 REVITALIZATION PROJECT.
(b)  T
HE INADVERTENT FAILURE OF A COUNTY OR AN AUTHORITY TO
SUBMIT A COUNTY REVITALIZATION PLAN
, SUBSTANTIAL MODIFICATION TO
A COUNTY REVITALIZATION PLAN
, OR A COUNTY REVITALIZATION IMPACT
REPORT
, AS APPLICABLE, TO A MUNICIPALITY IN ACCORDANCE WITH THE
REQUIREMENTS OF SUBSECTION
 (3)(a) OF THIS SECTION NEITHER CREATES A
CAUSE OF ACTION IN FAVOR OF ANY PARTY NOR INVALIDATES ANY COUNTY
REVITALIZATION PLAN OR SUBSTANTIAL MODIFICATION TO A COUNTY
REVITALIZATION PLAN
.
(c)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , A
CITY AND COUNTY IS NOT REQUIRED TO SUBMIT AN URBAN RENEWAL IMPACT
REPORT SATISFYING THE REQUIREMENTS OF SUBSECTION
 (3)(a) OF THIS
SECTION
.
(4)  U
PON REQUEST OF THE COUNTY OR THE AUTHORITY , EACH
MUNICIPALITY THAT IS ENTITLED TO RECEIVE A COPY OF A COUNTY
REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION TO A COUNTY
REVITALIZATION PLAN SHALL PROVIDE AVAILABLE MUNICIPAL DATA AND
PROJECTIONS TO THE COUNTY OR THE AUTHORITY TO ASSIST IN PREPARING
A COUNTY REVITALIZATION IMPACT REPORT PURSUANT TO SUBSECTION 
(3)
OF THIS SECTION.
(5) (a)  A
 GOVERNING BODY SHALL HOLD A PUBLIC HEARING ON THE
COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION OF AN
APPROVED COUNTY REVITALIZATION PLAN NO LESS THAN THIRTY DAYS
AFTER GIVING PUBLIC NOTICE OF THE HEARING
.
(b)  T
HE NOTICE FOR THE PUBLIC HEARING MUST :
(I)  B
E PUBLISHED BY THE GOVERNING BODY IN A NEWSPAPER HAVING
A GENERAL CIRCULATION IN THE COUNTY
;
(II)  D
ESCRIBE THE TIME, DATE, PLACE, AND PURPOSE OF THE
HEARING
;
(III)  G
ENERALLY IDENTIFY THE COUNTY REVITALIZATION AREA
COVERED BY THE PLAN
;
PAGE 27-HOUSE BILL 24-1172 (IV)  OUTLINE THE GENERAL SCOPE OF THE COUNTY REVITALIZATION
PROJECT UNDER CONSIDERATION
; AND
(V)  BE PROVIDED BY THE COUNTY TO EVERY MUNICIPALITY WITHIN
THREE MILES OF THE AUTHORITY
.
(c)  I
F AN AUTHORITY INTENDS TO ACQUIRE PRIVATE PROPERTY BY
EMINENT DOMAIN WITHIN THE COUNTY REVITALIZATION AREA THAT IS TO BE
SUBSEQUENTLY TRANSFERRED TO A PRIVATE PARTY IN ACCORDANCE WITH
THE REQUIREMENTS OF SECTION 
30-31-106 (2), THE GOVERNING BODY ,
BEFORE COMMENCING THE ACQUISITION OF THE PROPERTY , SHALL HOLD A
PUBLIC HEARING ON THE USE OF EMINENT DOMAIN AS A MEANS TO ACQUIRE
THE PROPERTY
. THE GOVERNING BODY SHALL ONLY HOLD THIS HEARING
AFTER WRITTEN NOTICE OF THE TIME
, DATE, PLACE, AND PURPOSE OF THE
HEARING HAS BEEN PROVIDED TO EACH OWNER OF PROPERTY
, AS PROPERTY
IS DEFINED IN SECTION 
30-31-106 (4), THAT IS WITHIN THE COUNTY
REVITALIZATION AREA AT LEAST THIRTY DAYS BEFORE THE DATE OF THE
HEARING
. IN ORDER TO AUTHORIZE THE USE OF EMINENT DOMAIN AS A
MEANS TO ACQUIRE PROPERTY
, A GOVERNING BODY SHALL BASE ITS
AUTHORIZATION DECISION ON A FINDING OF REVITALIZATION AREA
CONDITIONS WITHOUT REGARD TO THE ECONOMIC PERFORMANCE OF THE
PROPERTY TO BE ACQUIRED
.
(d)  A
T THE HEARING HELD PURSUANT TO THE NOTICE DESCRIBED IN
THIS SUBSECTION 
(5), THE GOVERNING BODY SHALL GRANT A FULL
OPPORTUNITY TO BE HEARD TO ALL MUNICIPALITIES WITHIN THREE MILES OF
THE AUTHORITY
.
(6)  F
OLLOWING THE HEARING DESCRIBED IN SUBSECTION (5) OF THIS
SECTION
, THE GOVERNING B ODY MAY APPROVE THE COUNTY
REVITALIZATION PLAN IF THE GOVERNING BODY FINDS THAT
:
(a)  A
 FEASIBLE METHOD EXISTS FOR THE RELOCATION OF
INDIVIDUALS AND FAMILIES WHO WILL BE DISPLACED BY THE COUNTY
REVITALIZATION PROJECT IN DECENT
, SAFE, AND SANITARY DWELLING
ACCOMMODATIONS WITHIN THEIR MEANS AND WITHOUT UNDUE HARDSHIP
TO SUCH INDIVIDUALS AND FAMILIES
;
(b)  A
 FEASIBLE METHOD EXISTS FOR THE RELOCATION OF BUSINESS
CONCERNS THAT WILL BE DISPLACED BY THE COUNTY REVITALIZATION
PAGE 28-HOUSE BILL 24-1172 PROJECT IN THE COUNTY REVITALIZATION AREA OR IN OTHER AREAS THAT
ARE NOT GENERALLY LESS DESIRABLE WITH RESPECT TO PUBLIC UTILITIES
AND PUBLIC AND COMMERCIAL FACILITIES
;
(c)  T
HE GOVERNING BODY HAS TAKEN REASONABLE EFFORTS TO
PROVIDE WRITTEN NOTICE OF THE PUBLIC HEARING PRESCRIBED BY
SUBSECTION 
(5) OF THIS SECTION TO ALL PROPERTY OWNERS , RESIDENTS,
AND OWNERS OF BUSINESS CONCERNS IN THE PROPOSED COUNTY
REVITALIZATION AREA AT THEIR LAST
-KNOWN ADDRESS OF RECORD AT
LEAST THIRTY DAYS BEFORE SUCH HEARING
. THE NOTICE MUST CONTAIN THE
SAME INFORMATION AS REQUIRED FOR THE NOTICE DESCRIBED IN
SUBSECTION 
(5) OF THIS SECTION.
(d)  N
O MORE THAN ONE HUNDRED TWENTY DAYS HAVE PASSED
SINCE THE COMMENCEMENT OF THE FIRST PUBLIC HEARING OF THE COUNTY
REVITALIZATION PLAN PURSUANT TO SUBSECTION 
(5) OF THIS SECTION;
(e)  I
F THE COUNTY REVITALIZATION PLAN CONTAINS PROPERTY THAT
WAS INCLUDED IN A PREVIOUSLY SUBMITTED COUNTY REVITALIZATION PLAN
THAT THE GOVERNING BODY FAILED TO APPROVE PURSUANT TO THIS
SECTION
, AT LEAST TWENTY -FOUR MONTHS HAVE PASSED SINCE THE
COMMENCEMENT OF THE PRIOR PUBLIC HEARING CONCERNING SUCH
PROPERTY HELD PURSUANT TO SUBSECTION 
(5) OF THIS SECTION, UNLESS
SUBSTANTIAL CHANGES HAVE OCCURRED SINCE THE COMMENCEMENT OF
THE HEARING THAT RESULTED IN A DETERMINATION THAT SUCH PROPERTY
CONSTITUTED A REVITALIZATION AREA PURSUANT TO SECTION 
30-31-103
(14);
(f)  T
HE COUNTY REVITALIZATION PLAN CONFORMS TO THE GENERAL
PLAN OF THE COUNTY AS A WHOLE AND CONSIDERS APPLICABLE MUNICIPAL
PLANS FOR THE DEVELOPMENT OF UNINCORPORATED TERRITORY
, IF THE
COUNTY REVITALIZATION PLAN INCLUDES PROPERTY THAT IS INCLUDED
WITHIN A MUNICIPAL PLAN ADOPTED PURS UANT TO SECTION
 31-12-105
(1)(e)(I) 
OR SECTION 31-23-212;
(g)  T
HE COUNTY REVITALIZATION PLAN WILL AFFORD MAXIMUM
OPPORTUNITY
, CONSISTENT WITH THE SOUND NEEDS OF THE C OUNTY AS A
WHOLE
, FOR THE REHABILITATION OR REDEVELOPMENT OF THE COUNTY
REVITALIZATION AREA BY PRIVATE ENTERPRISE
;
PAGE 29-HOUSE BILL 24-1172 (h)  THE AUTHORITY OR THE COUNTY WILL ADEQUATELY FI NANCE	, OR
THAT AGREEMENTS ARE IN PLACE TO FINANCE
, ANY ADDITIONAL COUNTY
AND MUNICIPAL INFRASTRUCTURE AND SERVICES REQUIRED TO SERVE
DEVELOPMENT WITHIN THE COUNTY REVITALIZATION AREA FOR THE PERIOD
IN WHICH ALL OR ANY PORTION OF THE PROPERTY TAXES DESCRIBED IN
SUBSECTION
 (13)(a)(II) OF THIS SECTION AND LEVIED BY THE COUNTY ARE
PAID TO THE AUTHORITY
;
(i)  T
HE ADOPTION OF THE PLAN WILL NOT CREATE AN UNDUE BURDEN
ON ANY MUNICIPALITY THAT PROVIDES MUNICIPAL SERVICES OR THAT OWNS
,
CONTROLS, OR MAINTAINS ANY INFRASTRUCTURE OR FACILITIES THAT ARE
IMPACTED BY THE ADOPTION OF THE PLAN
, EXCLUDING ANY BURDEN THAT
HAS NOT BEEN ADDRESSED PURSUANT TO SUBSECTION
 (6)(h) OF THIS
SECTION
; AND
(j)  NO PROPERTY IS INCLUDED IN THE COUNTY REVITALIZATION PLAN
THAT IS SUBJECT TO A PENDING ANNEXATION AGREEMENT OR FOR WHICH
ANNEXATION PROCEEDINGS HAVE BEEN COMMENCED WITHIN THE PAST
THREE YEARS
.
(7)  I
N ADDITION TO THE FINDINGS OTHERWISE REQUIRED OF THE
GOVERNING BODY PURSUANT TO SUBSECTION 
(6) OF THIS SECTION, IF THE
COUNTY REVITALIZATION PLAN SEEKS THE ACQUISITION OF PRIVATE
PROPERTY BY EMINENT DOMAIN FOR SUBSEQUENT TRANSFER TO A PRIVATE
PARTY PURSUANT TO SECTION 
30-31-106 (2), THE GOVERNING BODY MAY
APPROVE THE COUNTY REVITALIZATION PLAN WHERE IT FINDS
, IN
CONNECTION WITH A HEARING SATISFYING THE REQUIREMENTS OF
SUBSECTION 
(5) OF THIS SECTION, THAT THE COUNTY REVITALIZATION PLAN
HAS MET THE REQUIREMENTS OF SECTION 
30-31-106 (2) AND THAT THE
PRINCIPAL PUBLIC PURPOSE FOR ADOPTING THE COUNTY REVITALIZATION
PLAN IS TO FACILITATE REDEVELOPMENT IN ORDER TO TAKE ADVANTAGE OF
REVITALIZATION AREAS
.
(8)  I
F THE COUNTY REVITALIZATION AREA CONSISTS OF AN AREA OF
OPEN LAND WHICH
, UNDER THE COUNTY REVITALIZATION PLAN , IS TO BE
DEVELOPED FOR RESIDENTIAL USES
, THE GOVERNING BODY MUST FIRST HAVE
DETERMINED THAT
:
(a)  A
 SHORTAGE OF HOUSING OF S OUND STANDARDS AND DESIGN
WHICH IS DECENT
, SAFE, AND SANITARY EXISTS IN THE COUNTY;
PAGE 30-HOUSE BILL 24-1172 (b)  THE NEED FOR HOUSING ACCOMMODATIONS HAS BEEN OR WILL
BE INCREASED AS A RESULT OF TAKING ADVANTAGE OF REVITALIZATION
AREAS
;
(c)  T
HE OPPORTUNITY FACTORS IN THE COUNTY REVITALIZATION
AREA AND THE SHORTAGE OF ATTAINABLE HOUSING CREATE A RISK TO THE
PUBLIC HEALTH AND SAFETY
; AND
(d)  THE ACQUISITION OF THE AREA FOR RESIDENTIAL USES IS AN
INTEGRAL PART OF AND ESSENTIAL TO THE PROGRAM OF THE COUNTY
.
(9)  I
F THE COUNTY REVITALIZATION AREA CONSISTS OF AN AREA OF
OPEN LAND WHICH
, UNDER THE COUNTY REVITALIZATION PLAN , IS TO BE
DEVELOPED FOR NONRESIDENTIAL USES
, THE LOCAL GOVERNING BODY MUST
FIRST HAVE DETERMINED THAT
:
(a)  S
UCH NONRESIDENTIAL USES ARE NECESSARY AND APPROPRIATE
TO FACILITATE THE PROPER GROWTH AND DEVELOPMENT OF THE
COMMUNITY IN ACCORDANCE WITH SOUND PLANNING STANDARDS AND
LOCAL COMMUNITY OBJECTIVES
; AND
(b)  THE CONTEMPLATED ACQUISITION OF THE AREA MAY REQUIRE
THE EXERCISE OF GOVERNMENTAL ACTION
, AS PROVIDED IN THIS ARTICLE 31,
BECAUSE OF BEING IN A REVITALIZATION AREA .
(10) (a)  T
HE COUNTY REVITALIZATION PLAN MAY BE MODIFIED AT
ANY TIME
; BUT, IF THE COUNTY REVITALIZATION PLAN IS MODIFIED AFTER
THE LEASE OR SALE BY THE AUTHORITY OF REAL PROPERTY IN THE COUNTY
REVITALIZATION PROJECT AREA
, THE MODIFICATION IS SUBJECT TO SUCH
RIGHTS AT LAW OR IN EQUITY AS A LESSEE OR PURCHASER OR THE
PURCHASER
'S SUCCESSOR IN INTEREST MAY BE ENTITLED TO ASSERT . IF THE
MODIFICATION TO A COUNTY REVITALIZATION PLAN WILL SUBSTANTIALLY
CHANGE PROVISIONS OF THE COUNTY REVITALIZATION PLAN REGARDING
LAND AREA
, LAND USE, AUTHORIZATION TO COLLECT INCREMENTAL TAX
REVENUE
, THE EXTENT OF THE USE OF TAX INCREMENT FINANCING , THE
SCOPE OR NATURE OF THE COUNTY REVITALIZATION PROJECT
, THE SCOPE OR
METHOD OF FINANCING
, DESIGN, BUILDING REQUIREMENTS, TIMING, OR
PROCEDURE
, AS PREVIOUSLY APPROVED, OR WHERE THE MODIFICATION WILL
SUBSTANTIALLY CLARIFY A PLAN THAT
, WHEN APPROVED, WAS LACKING IN
SPECIFICITY AS TO THE COUNTY REVITALIZATION PROJECT OR FINANCING
,
PAGE 31-HOUSE BILL 24-1172 THEN THE MODIFICATION IS A SUBSTANTIAL MODIFICATION TO THE COUNTY
REVITALIZATION PLAN AND SUBJECT TO ALL OF THE REQUIREMENTS OF THIS
SECTION
.
(b)  A
NY PROPOSED COUNTY REVITALIZATION PLAN MODIFICATION
MUST BE SUBMITTED TO THE GOVERNING BODY FOR APPROVAL
.
(c)  N
OT LESS THAN THIRTY DAYS BEFORE APPROVING ANY
MODIFICATION OF THE COUNTY REVITALIZATION PLAN
, THE GOVERNING
BODY OR AUTHORITY SHALL PROVIDE A DETAILED WRITTEN DESCRIPTION OF
THE PROPOSED MODIFICATION TO EACH TAXING ENTITY THAT LEVIES TAXES
ON PROPERTY LOCATED WITHIN THE COUNTY REVITALIZATION AREA AND TO
EACH MUNICIPALITY WITHIN THREE MILES OF THE COUNTY REVITALIZATION
AREA ALONG WITH A NOTICE OF THE DATE AND TIME OF THE MEETING AT
WHICH THE GOVERNING BODY WILL CONSIDER THE MODIFICATION
.
(d)  I
F THE COUNTY REVITALIZATION PLAN IS MODIFIED AFTER THE
LEASE OR SALE BY THE AUTHORITY OF REAL PROPERTY IN THE COUNTY
REVITALIZATION PROJECT AREA
, THAT MODIFICATION IS SUBJECT TO SUCH
RIGHTS AT LAW OR IN EQUITY AS A LESSEE OR PURCHASER OR THEIR
SUCCESSOR IN INTEREST MAY BE ENTITLED TO ASSERT
.
(e)  T
HE COUNTY REVITALIZATION PLAN MODIFICATION IS
SUBSTANTIAL AND SUBJECT TO ALL OF THE REQUIREMENTS OF THIS SECTION
IF THE MODIFICATION WILL SUBSTANTIALLY
:
(I)  C
HANGE PROVISIONS OF THE COUNTY REVITALIZATION PLAN
REGARDING THE FOLLOWING AS PREVIOUSLY APPROVED
:
(A)  L
AND AREA;
(B)  L
AND USE;
(C)  A
UTHORIZATION TO COLLECT INCREMENTAL TAX REVENUE ;
(D)  T
HE EXTENT OF THE USE OF TAX INCREMENT FINANCING ;
(E)  T
HE SCOPE OR NATURE OF THE COUNTY REVITALIZATION
PROJECT
;
PAGE 32-HOUSE BILL 24-1172 (F)  THE SCOPE OR METHOD OF FINANCING ;
(G)  D
ESIGN;
(H)  B
UILDING REQUIREMENTS; OR
(I)  TIMING OR PROCEDURE; OR
(II)  CLARIFY A PLAN THAT, WHEN APPROVED, WAS LACKING IN
SPECIFICITY AS TO THE COUNTY REVITALIZATION PROJECT OR FINANCING
.
(f)  A
NY TAXING ENTITY THAT LEVIES TAXES ON PROPERTY LOCATED
WITHIN THE COUNTY REVITALIZATION AREA AND ANY MUNICIPALITY WITH
TERRITORY WITHIN THREE MILES OF THE COUNTY REVITALIZATION AREA
MAY FILE AN ACTION IN A STATE DISTRICT COURT EXERCISING JURISDICTION
OVER THE COUNTY IN WHICH THE COUNTY REVITALIZATION AREA IS
LOCATED FOR AN ORDER DETERMINING
, UNDER A DE NOVO STANDARD OF
REVIEW
, WHETHER THE MODIFICATION IS A SUBSTANTIAL MODIFICATION . IF
REQUESTED BY THE TAXING ENTITY OR MUNICIPALITY
, THE COURT SHALL
ENJOIN ANY ACTION BY THE AUTHORITY PURSUANT TO THE MODIFICATION
UNTIL THE COURT HAS DETERMINED WHETHER THE MODIFICATION IS A
SUBSTANTIAL MODIFICATION AND
, IF THE COURT MAKES SUCH A
DETERMINATION
, THE COURT SHALL FURTHER ENJOIN ANY ACTION BY THE
AUTHORITY PURSUANT TO THE MODIFICATION UNTIL THE AUTHORITY
COMPLIES WITH SUBSECTION 
(8) OF THIS SECTION.
(11) (a)  N
O ACTION MAY BE BROUGHT TO ENJOIN ANY ACTIVITY OF
THE AUTHORITY PURSUANT TO THE COUNTY REVITALIZATION PLAN
,
INCLUDING THE ISSUANCE OF BONDS, THE INCURRENCE OF OTHER FINANCIAL
OBLIGATIONS
, OR THE PLEDGE OF REVENUE , UNLESS THE ACTION IS
COMMENCED WITHIN FORTY
-FIVE DAYS AFTER THE DATE ON WHICH THE
AUTHORITY PROVIDED NOTICE OF ITS INTENTION REGARDING THE
UNDERTAKING OR ACTIVITY
.
(b) (I)  T
HE NOTICE REQUIRED BY SUBSECTION (11)(a) OF THIS
SECTION MUST
:
(A)  D
ESCRIBE THE UNDERTAKING OR ACTIVITY PROPOSED BY THE
AUTHORITY AND SPECIFY THAT ANY ACTION TO ENJOIN THE UNDERTAKING
OR ACTIVITY MUST BE BROUGHT WITHIN FORTY
-FIVE DAYS FROM THE DATE
PAGE 33-HOUSE BILL 24-1172 OF THE NOTICE; AND
(B)  BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
COUNTY
.
(II)  O
N OR BEFORE THE DATE OF PUBLICATION OF THE NOTICE OF
INTENTION REQUIRED BY SUBSECTION
 (11)(a) OF THIS SECTION, THE
AUTHORITY SHALL ALSO MAIL A COPY OF THE NOTICE TO EACH TAXING
ENTITY THAT LEVIES TAXES ON PROPERTY WITHIN THE COUNTY
REVITALIZATION AREA AND TO EACH MUNICIPALITY WITHIN THREE MILES OF
THE COUNTY REVITALIZATION AREA
.
(12)  U
PON THE APPROVAL BY THE GOVERNING BODY OF THE COUNTY
REVITALIZATION PLAN OR A SUBSTANTIAL MODIFICATION TO THE COUNTY
REVITALIZATION PLAN
, THE PROVISIONS OF THAT PLAN ARE CONTROLLING
WITH RESPECT TO THE LAND AREA
, LAND USE, DESIGN, BUILDING
REQUIREMENTS
, TIMING, OR PROCEDURE APPLICABLE TO THE PROPERTY
COVERED BY THAT PLAN
, EXCEPT TO THE EXTENT INCONSISTENT WITH THE
LAWS OF A MUNICIPALITY FOLLOWING ANNEXATION OF SUCH PROPERTY
.
(13) (a)  N
OTWITHSTANDING ANY LAW TO THE CONTRARY , ANY
COUNTY REVITALIZATION PLAN
, AS ORIGINALLY APPROVED OR AS LATER
MODIFIED PURSUANT TO THIS ARTICLE 
31, MAY CONTAIN A PROVISION THAT
THE PROPERTY TAXES OF SPECIFICALLY DESIGNATED PUBLIC BODIES THAT
HAVE JOINED THE AUTHORITY PURSUANT TO SECTION 
30-31-104 (6), IF ANY,
LEVIED AFTER THE EFFECTIVE DATE OF THE APPROVAL OF SUCH COUNTY
REVITALIZATION PLAN UPON TAXABLE PROPERTY IN THE COUNTY
REVITALIZATION AREA EACH YEAR OR THAT COUNTY SALES TAXES
COLLECTED WITHIN SAID AREA
, OR BOTH SUCH TAXES, BY OR FOR THE
BENEFIT OF THE DESIGNATED PUBLIC BODY MUST BE DIVIDED FOR A PERIOD
NOT TO EXCEED THIRTY YEARS AFTER THE EFFECTIVE DATE OF ADOPTION OF
SUCH A PROVISION
, AS FOLLOWS:
(I)  T
HAT PORTION OF THE TAXES PRODUCED BY THE LEVY AT THE
RATE FIXED EACH YEAR BY OR FOR EACH SUCH PUBLIC BODY UPON THE
VALUATION FOR ASSESSMENT OF TAXABLE PROPERTY IN THE COUNTY
REVITALIZATION AREA LAST CERTIFIED BEFORE THE EFFECTIVE DATE OF
APPROVAL OF THE COUNTY REVITALIZATION PLAN OR
, AS TO AN AREA LATER
ADDED TO THE COUNTY REVITALIZATION AREA
, THE EFFECTIVE DATE OF THE
MODIFICATION OF THE PLAN
, OR THAT PORTION OF COUNTY SALES TAXES
PAGE 34-HOUSE BILL 24-1172 COLLECTED WITHIN THE BOUNDARIES OF SAID COUNTY REVITALIZATION
AREA IN THE TWELVE
-MONTH PERIOD ENDING ON THE LAST DAY OF THE
MONTH BEFORE THE EFFECTIVE DATE OF APPROVAL OF SAID PLAN
, OR BOTH
SUCH PORTIONS
, MUST BE PAID INTO THE FUNDS OF EACH SUCH PUBLIC BODY
AS ARE ALL OTHER TAXES COLLECTED BY OR FOR THE PUBLIC BODY
.
(II)  T
HAT PORTION OF THE PROPERTY TAXES OR ALL OR ANY PORTION
OF THE SALES TAXES
, OR BOTH, IN EXCESS OF THE AMOUNT OF PROPERTY
TAXES OR SALES TAXES PAID INTO THE FUNDS OF EACH SUCH PUBLIC BODY
IN ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION
 (13)(a)(I) OF THIS
SECTION MUST BE ALLOCATED TO AND
, WHEN COLLECTED, PAID INTO A
SPECIAL FUND OF THE AUTHORITY TO PAY THE PRINCIPAL OF
, THE INTEREST
ON
, AND ANY PREMIUMS DUE IN CONNECTION WITH THE BONDS OF , LOANS OR
ADVANCES TO
, OR INDEBTEDNESS INCURRED BY , WHETHER FUNDED ,
REFUNDED, ASSUMED, OR OTHERWISE, THE AUTHORITY FOR FINANCING OR
REFINANCING
, IN WHOLE OR IN PART, THE COUNTY REVITALIZATION PROJECT,
TO MAKE PAYMENTS UNDER AN AGREEMENT EXECUTED PURSUANT TO THIS
SECTION
, OR FOR ANY OTHER PURPOSES AUTHORIZED BY THIS ARTICLE 31.
A
NY EXCESS COUNTY SALES TAX OR PROPERTY TAX COLLECTIONS NOT
ALLOCATED PURSUANT TO THIS SUBSECTION
 (13)(a)(II) MUST BE PAID INTO
THE FUNDS OF THE COUNTY OR OTHER TAXING ENTITY
, AS APPLICABLE.
U
NLESS AND UNTIL THE TOTAL VALUATION FOR ASSESSMENT OF THE
TAXABLE PROPERTY IN THE COUNTY REVITALIZATION AREA EXCEEDS THE
BASE VALUATION FOR ASSESSMENT OF THE TAXABLE PROPERTY IN THE
COUNTY REVITALIZATION AREA
, AS PROVIDED IN SUBSECTION (13)(a)(I) OF
THIS SECTION
, ALL OF THE TAXES LEVIED UPON THE TAXABLE PROPERTY IN
SUCH COUNTY REVITALIZATION AREA MUST BE PAID INTO THE FUNDS OF THE
RESPECTIVE PUBLIC BODIES
. UNLESS AND UNTIL THE TOTAL COUNTY SALES
TAX COLLECTIONS IN THE COUNTY REVITALIZATION AREA EXCEED THE BASE
YEAR COUNTY SALES TAX COLLECTIONS IN SUCH COUNTY REVITALIZATION
AREA
, AS PROVIDED IN SUBSECTION (13)(a)(I) OF THIS SECTION, ALL SUCH
SALES TAX COLLECTIONS MUST BE PAID INTO THE FUNDS OF THE COUNTY
.
W
HEN SUCH BONDS, LOANS, ADVANCES, AND INDEBTEDNESS, IF ANY,
INCLUDING INTEREST THEREON AND ANY PREMIUMS DUE IN C ONNECTION
THEREWITH
, HAVE BEEN PAID, ALL TAXES UPON THE TAXABLE PROPERTY OR
THE TOTAL COUNTY SALES TAX COLLECTIONS
, OR BOTH, IN THE COUNTY
REVITALIZATION AREA MUST BE PAID INTO THE FUNDS OF THE RESPECTIVE
PUBLIC BODIES
, AND ALL MONEY REMAINING IN THE SPECIAL FUND
ESTABLISHED PURSUANT TO THIS SUBSECTION
 (13)(a)(II) THAT HAS NOT
PREVIOUSLY BEEN REBATED AND THAT ORIGINATED AS PROPERTY TAX
PAGE 35-HOUSE BILL 24-1172 INCREMENT GENERATED BASED ON THE MILL LEVY OF A TAXING ENTITY ,
OTHER THAN THE COUNTY , WITHIN THE BOUNDARIES OF THE COUNTY
REVITALIZATION AREA MUST BE REPAID TO EACH TAXING ENTITY BASED ON
THE PRO RATA SHARE OF THE PRIOR YEAR
'S PROPERTY TAX INCREMENT
ATTRIBUTABLE TO EACH TAXING ENTITY
'S CURRENT MILL LEVY IN WHICH
PROPERTY TAXES WERE DIVIDED PURSUANT TO THIS SUBSECTION 
(13). ANY
MONEY REMAINING IN THE SPECIAL FUND NOT GENERATED BY PROPERTY TAX
INCREMENT IS EXCLUDED FROM ANY SUCH REPAYMENT REQUIREMENT
.
N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , ANY ADDITIONAL
REVENUES RESULTING BECAUSE THE VOTERS HAVE AUTHORIZED THE
MUNICIPALITY
, COUNTY, OR SPECIAL DISTRICT TO RETAIN AND SPEND SAID
REVENUES PURSUANT TO SECTION
 20 (7)(d) OF ARTICLE X OF THE STATE
CONSTITUTION SUBSEQUENT TO THE CREATION OF THE SPECIAL FUND
PURSUANT TO THIS SUBSECTION
 (13)(a)(II) OR AS A RESULT OF AN INCREASE
IN THE PROPERTY TAX MILL LEVY APPROVED BY THE VOTERS OF THE
MUNICIPALITY
, COUNTY, OR SPECIAL DISTRICT SUBSEQUENT TO THE
CREATION OF THE SPECIAL FUND
, TO THE EXTENT THE TOTAL MILL LEVY OF
THE MUNICIPALITY
, COUNTY, OR SPECIAL DISTRICT EXCEEDS THE RESPECTIVE
MILL LEVY IN EFFECT AT THE TIME OF APPROVAL OR SUBSTANTIAL
MODIFICATION OF THE COUNTY REVITALIZATION PLAN
, MUST NOT BE
PLEDGED BY AN AUTHORITY FOR THE PAYMENT OF ANY BONDS OF
, ANY
LOANS OR ADVANCES TO
, OR ANY INDEBTEDNESS INCURRED BY THE
AUTHORITY WITHOUT THE CONSENT OF THE RELEVANT MUNICIPALITY
,
COUNTY, OR SPECIAL DISTRICT. TO THE EXTENT THE AUTHORITY HAS
RECEIVED THE NOTIFICATION SPECIFIED IN THIS SUBSECTION
 (13)(a)(II),
SUCH ADDITIONAL REVENUES MUST THEN BE PROMPTLY REPAID BY THE
AUTHORITY TO THE COUNTY OR OTHER TAXING ENTITY
. THE AUTHORITY
MUST BE NOTIFIED OF THE AMOUNT OF ADDITIONAL REVENUES AND THE
CALCULATIONS USED IN COMPUTING THE AMOUNT BY THE APPLICABLE
COUNTY OR OTHER TAXING ENTITY BEFORE MAKING REPAYMENT AND
, IN
ANY EVENT
, NOT LATER THAN FEBRUARY 1 OF EACH FISCAL YEAR
FOLLOWING THE YEAR IN WHICH A VOTER
-APPROVED REVENUE INCREASE
HAS TAKEN EFFECT
. THE AUTHORITY AND COUNTY OR ANY OTHER TAXING
ENTITY MAY NEGOTIATE FOR THE PURPOSE OF ENTERING INTO AN
AGREEMENT ON THE ISSUES OF THE AMOUNT OF REPAYMENT
, THE
MECHANICS OF HOW REPAYMENT OF THE ADDITIONAL REVENUES WILL BE
ACCOMPLISHED
, A METHOD FOR RESOLVING DISPUTES REGARDING THE
AMOUNT OF REPAYMENT
, AND WHETHER THE COUNTY OR TAXING ENTITY
WILL WAIVE THE REPAYMENT REQUIREMENT
, SINGULARLY OR IN
COMBINATION
, AND MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
PAGE 36-HOUSE BILL 24-1172 REGARDING ANY OF THESE ISSUES.
(III)  I
N CALCULATING AND MAKING PAYMENTS AS DESCRIBED IN
SUBSECTION
 (13)(a)(II) OF THIS SECTION, THE COUNTY TREASURER MAY
OFFSET THE AUTHORITY
'S PRO RATA PORTION OF ANY PROPERTY TAXES THAT
ARE PAID TO THE AUTHORITY UNDER THE TERMS OF SUBSECTION
 (13)(a)(II)
OF THIS SECTION AND THAT ARE SUBSEQUENTLY REFUNDED TO THE
TAXPAYER AGAINST ANY SUBSEQUENT PAYMENTS DUE TO THE AUTHORITY
FOR THE COUNTY REVITALIZATION PROJECT
. THE AUTHORITY SHALL MAKE
ADEQUATE PROVISION FOR THE RETURN OF OVERPAYMENTS IN THE EVENT
THAT THERE ARE NOT SUFFICIENT PROPERTY TAXES DUE TO THE AUTHORITY
TO OFFSET THE AUTHORITY
'S PRO RATA PORTION OF THE REFUNDS . THE
PROVISIONS OF THIS SUBSECTION
 (13)(a)(III) DO NOT APPLY TO A CITY AND
COUNTY
.
(IV)  N
O PROPERTY WITHIN A REVITALIZATION AREA PURSUANT TO
WHICH ANY BONDS OF
, LOANS OR ADVANCES TO , OR INDEBTEDNESS
INCURRED BY AN AUTHORITY PURSUANT TO SUBSECTION
 (13)(a)(II) OF THIS
SECTION ARE OUTSTANDING MAY BE INCLUDED WITHIN AN URBAN RENEWAL
AREA OR ANY OTHER PROPERTY TAX INCREMENT AREA UNLESS THE
AUTHORITY ENTERS INTO AN AGREEMENT THAT PROVIDES FOR EITHER THE
ASSUMPTION OR THE DEFEASANCE OF ALL SUCH BONDS
, LOANS, ADVANCES,
OR INDEBTEDNESS.
(V)  A
 COUNTY REVITALIZATION PLAN SHALL NOT BE AFFECTED BY
THE ANNEXATION OF ANY PROPERTY IN THE COUNTY REVITALIZATION AREA
.
(b)  T
HE PORTION OF TAXES DESCRIBED IN SUBSECTION (13)(a)(II) OF
THIS SECTION MAY BE IRREVOCABLY PLEDGED BY THE AUTHORITY FOR THE
PAYMENT OF THE PRINCIPAL OF
, THE INTEREST ON, AND ANY PREMIUMS DUE
IN CONNECTION WITH SUCH BONDS
, LOANS, ADVANCES, AND INDEBTEDNESS.
T
HIS IRREVOCABLE PLEDGE DOES NOT EXTEND TO ANY TAXES THAT ARE
PLACED IN A RESERVE FUND TO BE RETURNED TO THE COUNTY FOR REFUNDS
OF OVERPAYMENTS BY TAXPAYERS
; EXCEPT THAT THIS LIMITATION ON THE
EXTENSION OF THE IRREVOCABLE PLEDGE DOES NOT APPLY TO A CITY AND
COUNTY
.
(c)  A
S USED IN THIS SUBSECTION (13), "TAXES" INCLUDES, WITHOUT
LIMITATION
, ALL LEVIES AUTHORIZED TO BE MADE ON AN AD VALOREM BASIS
UPON REAL AND PERSONAL PROPERTY OR COUNTY SALES TAXES
; BUT
PAGE 37-HOUSE BILL 24-1172 NOTHING IN THIS SUBSECTION (13) REQUIRES ANY PUBLIC BODY TO LEVY
TAXES
.
(d)  I
F THE COUNTY REVITALIZATION AREA INCLUDES SINGLE - AND
MULTI
-FAMILY RESIDENCES, A SCHOOL DISTRICT WHICH INCLUDES ALL OR
ANY PART OF THE COUNTY REVITALIZATION AREA MUST BE PERMITTED TO
PARTICIPATE IN AN ADVISORY CAPACITY WITH RESPECT TO THE INCLUSION
IN THE COUNTY REVITALIZATION PLAN OF THE PROVISION PROVIDED FOR BY
THIS SUBSECTION 
(13).
(e)  I
F THERE IS A GENERAL REASSESSMENT OF TAXABLE PROPERTY
VALUATIONS IN ANY COUNTY INCLUDING ALL OR PART OF THE COUNTY
REVITALIZATION AREA SUBJECT TO DIVISION OF VALUATION FOR
ASSESSMENT UNDER SUBSECTION
 (13)(a) OF THIS SECTION OR A CHANGE IN
THE SALES TAX RATE LEVIED IN ANY COUNTY INCLUDING ALL OR PART OF
THE COUNTY REVITALIZATION AREA SUBJECT TO DIVISION OF SALES TAXES
UNDER SUBSECTION
 (13)(a) OF THIS SECTION, THE PORTIONS OF VALUATIONS
FOR ASSESSMENT OR SALES TAXES UNDER SUBSECTIONS
 (13)(a)(I) AND
(13)(a)(II) OF THIS SECTION MUST BE PROPORTIONATELY ADJUSTED IN
ACCORDANCE WITH THE REASSESSMENT OR CHANGE
.
(f)  N
OTWITHSTANDING THE THIRTY-YEAR PERIOD OF LIMITATION SET
FORTH IN SUBSECTION
 (13)(a) OF THIS SECTION, ANY COUNTY
REVITALIZATION PLAN
, AS ORIGINALLY APPROVED OR AS LATER MODIFIED
PURSUANT TO THIS ARTICLE 
31, MAY CONTAIN A PROVISION THAT THE
COUNTY SALES TAXES COLLECTED IN THE COUNTY REVITALIZATION AREA
EACH YEAR OR THE COUNTY PORTION OF TAXES LEVIED UPON TAXABLE
PROPERTY WITHIN THE AREA
, OR BOTH SUCH TAXES, MAY BE ALLOCATED AS
DESCRIBED IN THIS SUBSECTION 
(13) FOR A PERIOD IN EXCESS OF THIRTY
YEARS AFTER THE EFFECTIVE DATE OF THE ADOPTION OF THE PROVISION IF
THE EXISTING BONDS ARE IN DEFAULT OR ABOUT TO GO INTO DEFAULT
;
EXCEPT THAT THE TAXES MAY NOT BE ALLOCATED AFTER ALL BONDS OF THE
AUTHORITY ISSUED PURSUANT TO SUCH PLAN INCLUDING L OANS
, ADVANCES,
AND INDEBTEDNESS, IF ANY, AND INTEREST THEREON, AND ANY PREMIUMS
DUE IN CONNECTION THEREWITH HAVE BEEN REPAID
.
(g)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , IF
ONE OR MORE OF THE CONDITIONS SPECIFIED IN SUBSECTION
 (1)(c)(II) OF
THIS SECTION HAVE BEEN SATISFIED SO THAT AGRICULTURAL LAND IS
INCLUDED WITHIN THE COUNTY REVITALIZATION AREA
, THE COUNTY
PAGE 38-HOUSE BILL 24-1172 ASSESSOR SHALL VALUE THE AGRICULTURAL LAND AT ITS FAIR MARKET
VALUE IN MAKING THE CALCULATION OF THE TAXES TO BE PAID TO THE
PUBLIC BODIES PURSUANT TO SUBSECTION
 (13)(a)(I) OF THIS SECTION
SOLELY FOR THE PURPOSE OF DETERMINING THE TAX INCREMENT AVAILABLE
PURSUANT TO SUBSECTION
 (13)(a)(II) OF THIS SECTION. NOTHING IN THIS
SECTION AFFECTS THE ACTUAL OR REQUIRED CLASSIFICATION OF
AGRICULTURAL LAND FOR PROPERTY TAX PURPOSES
, AND NOTHING IN THIS
SECTION AFFECTS THE TAXES ACTUALLY TO BE PAID TO THE PUBLIC BODIES
PURSUANT TO SUBSECTION
 (13)(a)(I) OF THIS SECTION, WHICH MUST
CONTINUE TO BE BASED ON THE AGRICULTURAL CLASSIFICATION OF SUCH
LAND UNLESS AND UNTIL IT HAS BEEN RECLASSIFIED IN THE NORMAL COURSE
OF THE ASSESSMENT PROCESS
.
(h)  T
HE MANNER AND METHODS BY WHICH THE REQUIREMENTS OF
THIS SUBSECTION 
(13) ARE TO BE IMPLEMENTED BY COUNTY ASSESSORS
MUST BE CONTAINED IN SUCH MANUALS
, APPRAISAL PROCEDURES, AND
INSTRUCTIONS
, AS APPLICABLE, THAT THE PROPERTY TAX ADMINISTRATOR
IS AUTHORIZED TO PREPARE AND PUBLISH PURSUANT TO SECTION
 39-2-109
(1)(e).
(i)  W
ITHIN THE TWELVE-MONTH PERIOD BEFORE THE EFFECTIVE
DATE OF THE APPROVAL OR MODIFICATION OF THE COUNTY REVITALIZATION
PLAN REQUIRING THE ALLOCATION OF MONEY TO THE AUTHORITY PURSUANT
TO SUBSECTION
 (13)(a) OF THIS SECTION, THE MUNICIPALITY, COUNTY, OR
SPECIAL DISTRICT IS ENTITLED TO THE REIMBURSEMENT OF ANY MONEY THAT
THE MUNICIPALITY
, COUNTY, OR SPECIAL DISTRICT PAYS TO, CONTRIBUTES
TO
, OR INVESTS IN THE AUTHORITY FOR THE PROJECT. THE REIMBURSEMENT
MUST BE PAID FROM THE SPECIAL FUND OF THE AUTHORITY ESTABLISHED
PURSUANT TO SUBSECTION
 (13)(a) OF THIS SECTION.
(14) (a)  N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE
GOVERNING BODY MAY PROVIDE IN THE COUNTY REVITALIZATION PLAN
THAT THE VALUATION ATTRIBUTABLE TO THE EXTRACTION OF MINERAL
RESOURCES LOCATED WITHIN THE COUNTY REVITALIZATION AREA IS NOT
SUBJECT TO THE DIVISION THAT IS OTHERWISE REQUIRED BY SUBSECTION
(13)(a) OF THIS SECTION. IN SUCH CIRCUMSTANCES, THE TAXES LEVIED ON
THE VALUATION MUST BE DISTRIBUTED TO THE TAXING ENTITIES AS IF THE
COUNTY REVITALIZATION PLAN WAS NOT IN EFFECT
.
(b)  A
S USED IN THIS SUBSECTION (14):
PAGE 39-HOUSE BILL 24-1172 (I)  "MINERAL RESOURCES" HAS THE SAME MEANING AS SPECIFIED IN
SECTION 
36-1-100.3 (3).
(II)  "V
ALUATION ATTRIBUTABLE TO THE EXTRACTION OF MINERAL
RESOURCES
" INCLUDES:
(A)  T
HE VALUE OF OIL AND GAS LEASEHOLDS AND L AND AND
SUBSURFACE OIL AND GAS WELL EQUIPMENT THAT IS VALUED FOR
ASSESSMENT PURPOSES AS REAL PROPERTY UNDER SECTIONS 
39-7-102 AND
39-7-103; AND
(B)  SURFACE OIL AND GAS WELL EQUIPMENT AND SUBMERSIBLE
PUMPS AND SUCKER RODS THAT ARE LOCATED ON OIL AND GAS LEASEHOLDS
AND LAND AND THAT ARE VALUED FOR ASSESSMENT PURPOSES AS PERSONAL
PROPERTY UNDER SECTION 
39-7-103.
(15)  T
HE COUNTY IN WHICH THE COUNTY REVITALIZATION
AUTHORITY HAS BEEN ESTABLISHED SHALL TIMELY NOTIFY THE ASSESSOR
WHEN
:
(a)  T
HE COUNTY REVITALIZATION PLAN OR A SUBSTANTIAL
MODIFICATION OF THE PLAN HAS BEEN APPROVED THAT CONTAINS THE
PROVISIONS REFERENCED IN SUBSECTION
 (13)(a) OF THIS SECTION OR A
SUBSTANTIAL MODIFICATION OF THE PLAN ADDS LAND TO THE PLAN
, WHICH
PLAN CONTAINS THE PROVISIONS REFERENCED IN SUBSECTION
 (13)(a) OF
THIS SECTION
;
(b)  A
NY OUTSTANDING OBLIGATION INCURRED BY THE AUTHORITY
PURSUANT TO THE PROVISIONS OF SUBSECTION 
(13) OF THIS SECTION HAS
BEEN PAID OFF
; AND
(c)  THE PURPOSES OF THE AUTHORITY HAVE OTHERWISE BEEN
ACHIEVED
.
(16) (a)  N
OT LATER THAN THIRTY DAYS AFTER THE COUNTY HAS
PROVIDED THE COUNTY ASSESSOR THE NOTICE REQUIRED BY SUBSECTION
(15)(a) OF THIS SECTION, THE COUNTY ASSESSOR MAY PROVIDE WRITTEN
NOTICE TO THE COUNTY IF THE ASSESSOR BELIEVES THAT AGRICULTURAL
LAND HAS BEEN IMPROPERLY INCLUDED IN THE COUNTY REVITALIZATION
AREA IN VIOLATION OF SUBSECTION
 (1)(c)(II) OF THIS SECTION.
PAGE 40-HOUSE BILL 24-1172 (b)  IF THE NOTICE DESCRIBED IN SUBSECTION (15)(a) OF THIS
SECTION IS NOT DELIVERED WITHIN THE REQUIRED THIRTY
-DAY PERIOD, THE
INCLUSION OF THE LAND IN THE COUNTY REVITALIZATION AREA AS
DESCRIBED IN THE COUNTY REVITALIZATION PLAN IS INCONTESTABLE IN ANY
SUIT OR PROCEEDING NOTWITHSTANDING THE PRESENCE OF ANY CAUSE
.
30-31-110.  Disaster areas. (1)  N
OTWITHSTANDING ANY OTHER
PROVISIONS OF THIS ARTICLE 
31, WHEN THE GOVERNING BODY CERTIFIES
THAT AN AREA IS IN NEED OF REDEVELOPMENT OR REHABILITATION AS A
RESULT OF A FLOOD
, FIRE, HURRICANE, EARTHQUAKE, STORM, OR OTHER
CATASTROPHE FOR WHICH THE GOVERNOR HAS CERTIFIED THE NEED FOR
DISASTER ASSISTANCE PURSUANT TO THE 
"FEDERAL DISASTER RELIEF ACT",
P
UB. L. 81-875, AS AMENDED, OR ANY OTHER RELEVANT FEDERAL LAW , THE
GOVERNING BODY MAY DEEM SUCH AN AREA TO BE A REVITALIZATION AREA
.
(2)  T
HE AUTHORITY MAY PREPARE AND SUBMIT TO THE GOVERNING
BODY A PROPOSED COUNTY REVITALIZATION PLAN AND PROPOSED COUNTY
REVITALIZATION PROJECT FOR AN AREA DEEMED A REVITALIZATION AREA
PURSUANT TO SUBSECTION 
(1) OF THIS SECTION OR FOR ANY PORTION
THEREOF
, AND THE GOVERNING BODY MAY , BY RESOLUTION, APPROVE SUCH
A PROPOSED COUNTY REVITALIZATION PLAN AND COUNTY REVITALIZATION
PROJECT WITH OR WITHOUT MODIFICATIONS WITHOUT REGARD TO THE
PROVISIONS OF THIS ARTICLE 
31 REQUIRING A GENERAL OR MASTER PLAN
FOR THE PHYSICAL DEVELOPMENT OF THE COUNTY AS A WHOLE
, REVIEW BY
THE PLANNING COMMISSION
, OR A PUBLIC HEARING.
30-31-111.  Issuance of bonds by an authority. (1)  A
N AUTHORITY
HAS POWER TO ISSUE BONDS OF THE AUTHORITY FROM TIME TO TIME IN ITS
DISCRETION TO FINANCE ITS ACTIVITIES OR OPERATIONS PURSUANT TO THIS
ARTICLE 
31, INCLUDING THE REPAYMENT WITH INTEREST OF ANY ADVANCES
OR LOANS OF FUNDS MADE TO THE AUTHORITY BY THE FEDERAL
GOVERNMENT OR OTHER SOURCE FOR ANY SURVEYS OR PLANS MADE OR TO
BE MADE BY THE AUTHORITY IN EXERCISING ITS POWERS PURSUANT TO THIS
ARTICLE 
31 AND ALSO HAS POWER TO ISSUE REFUNDING OR OTHER BONDS OF
THE AUTHORITY IN ITS DISCRETION FOR THE PAYMENT
, RETIREMENT,
RENEWAL, OR EXTENSION OF ANY BONDS PREVIOUSLY ISSUED PURSUANT TO
THIS SECTION AND TO PROVIDE FOR THE REPLACEMENT OF LOST
, DESTROYED,
OR MUTILATED BONDS PREVIOUSLY ISSUED PURSUANT TO THIS SECTION .
(2) (a)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE GENERAL
PAGE 41-HOUSE BILL 24-1172 OBLIGATION BONDS OF THE AUTHORITY THE PAYMENT OF WHICH , AS TO
PRINCIPAL AND INTEREST AND PREMIUMS
, IF ANY, THE FULL FAITH, CREDIT,
AND ASSETS, ACQUIRED AND TO BE ACQUIRED , OF THE AUTHORITY ARE
IRREVOCABLY PLEDGED
.
(b)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SPECIAL
OBLIGATIONS OF THE AUTHORITY WHICH
, AS TO PRINCIPAL AND INTEREST
AND PREMIUMS
, IF ANY, ARE PAYABLE SOLELY FROM AND SECURED ONLY BY
A PLEDGE OF ANY INCOME
, PROCEEDS, REVENUES, OR FUNDS OF THE
AUTHORITY DERIVED OR TO BE DERIVED BY IT FROM OR HELD OR TO BE HELD
BY IT IN CONNECTION WITH ITS UNDERTAKING OF ANY PROJECT OF THE
AUTHORITY
, INCLUDING MONEY TO BE PAID TO AN AUTHORITY PURSUANT TO
SECTION 
30-31-109 (13) AND INCLUDING ANY GRANTS OR CONTRIBUTIONS
OF MONEY MADE OR TO BE MADE BY IT WITH RESPECT TO ANY SUCH PROJECT
AND ANY MONEY DERIVED OR TO BE DERIVED BY IT FROM OR HELD OR TO BE
HELD BY IT IN CONNECTION WITH ITS SALE
, LEASE, RENTAL, TRANSFER,
RETENTION, MANAGEMENT, REHABILITATION, CLEARANCE, DEVELOPMENT,
REDEVELOPMENT, PREPARATION FOR DEVELOPMENT OR REDEVELOPMENT ,
OR ITS OPERATION OR OTHER UTILIZATION OR DISPOSITION OF ANY REAL OR
PERSONAL PROPERTY ACQUIRED OR TO BE ACQUIRED BY IT OR HELD OR TO BE
HELD BY IT FOR ANY OF THE PURPOSES OF THIS ARTICLE 
31 AND INCLUDING
ANY LOANS
, GRANTS, OR CONTRIBUTIONS OF FUNDS MADE OR TO BE MADE
TO IT BY THE FEDERAL GOVERNMENT IN AID OF ANY PROJECT OF THE
AUTHORITY OR IN AID OF ANY OF ITS OTHER ACTIVITIES OR OPERATIONS
.
(c)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SPECIAL
OBLIGATIONS OF THE AUTHORITY THAT
, AS TO PRINCIPAL AND INTEREST AND
PREMIUMS
, IF ANY, ARE PAYABLE SOLELY FROM AND SECURED ONLY BY A
PLEDGE OF ANY LOANS
, GRANTS, OR CONTRIBUTIONS OF MONEY MADE OR TO
BE MADE TO IT BY THE FEDERAL GOVERNMENT OR OTHER SOURCE IN AID OF
ANY PROJECT OF THE AUTHORITY OR IN AID OF ANY OF ITS OTHER ACTIVITIES
OR OPERATIONS
.
(d)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE CONTINGENT
SPECIAL OBLIGATIONS OF THE AUTHORITY WHICH
, AS TO PRINCIPAL AND
INTEREST AND PREMIUMS
, IF ANY, ARE PAYABLE SOLELY FROM ANY MONEY
AVAILABLE OR BECOMING AVAILABLE TO THE AUTHORITY FOR ITS
UNDERTAKING OF THE PROJECT INVOLVED IN THE PARTICULAR ACTIVITIES OR
OPERATIONS WITH RESPECT TO WHICH THE CONTINGENT SPECIAL
OBLIGATIONS ARE ISSUED BUT PAYABLE ONLY IF MONEY IS OR BECOMES
PAGE 42-HOUSE BILL 24-1172 AVAILABLE AS PROVIDED IN THIS SUBSECTION (2).
(3)  N
OTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION ,
ANY BONDS ISSUED PURSUANT TO THIS SECTION , OTHER THAN THE
CONTINGENT SPECIAL OBLIGATIONS COVERED BY SUBSECTION
 (2)(d) OF THIS
SECTION
, MAY BE ADDITIONALLY SECURED AS TO THE PAYMENT OF THE
PRINCIPAL AND INTEREST AND PREMIUMS
, IF ANY, BY A MORTGAGE OF ANY
COUNTY REVITALIZATION PROJECT
, OR ANY PART THEREOF, TITLE TO WHICH
IS THEN OR THEREAFTER IN THE AUTHORITY OR OF ANY OTHER REAL OR
PERSONAL PROPERTY OR INTERESTS THEREIN THEN OWNED OR THEREAFTER
ACQUIRED BY THE AUTHORITY
.
(4)  N
OTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION ,
GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THIS SECTION MAY BE
ADDITIONALLY SECURED AS TO PAYMENT OF THE PRINCIPAL AND INTEREST
AND PREMIUMS
, IF ANY, AS PROVIDED IN EITHER SUBSECTION (2)(b) OR
SUBSECTION
 (2)(c) OF THIS SECTION, WITH OR WITHOUT BEING ALSO
ADDITIONALLY SECURED AS TO PAYMENT OF THE PRINCIPAL
, INTEREST, AND
PREMIUMS
, IF ANY, BY A MORTGAGE AS PROVIDED IN SUBSECTION (3) OF THIS
SECTION OR A TRUST AGREEMENT AS PROVIDED IN SUBSECTION 
(5) OF THIS
SECTION
.
(5)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , ANY
BONDS PURSUANT TO THIS SECTION MAY BE ADDITIONALLY SECURED AS TO
THE PAYMENT OF THE PRINCIPAL
, INTEREST, AND PREMIUMS, IF ANY, BY A
TRUST AGREEMENT BY AND BETWEEN THE AUTHORITY AND A CORPORATE
TRUSTEE
, WHICH MAY BE ANY TRUST COMPANY OR BANK HAVING THE
POWERS OF A TRUST COMPANY WITHIN OR WITHOUT THE STATE OF
COLORADO.
(6)  B
ONDS ISSUED PURSUANT TO THIS SECTION DO NOT CONSTITUTE
AN INDEBTEDNESS OF THE STATE OF 
COLORADO OR OF ANY COUNTY ,
MUNICIPALITY, OR PUBLIC BODY OF THE STATE OF COLORADO OTHER THAN
THE COUNTY REVITALIZATION AUTHORITY ISSUING SUCH BONDS AND ARE
NOT SUBJECT TO THE PROVISIONS OF ANY OTHER LAW OR OF THE CHARTER
OF ANY COUNTY RELATING TO THE AUTHORIZATION
, ISSUANCE, OR SALE OF
BONDS
.
(7)  B
ONDS ISSUED PURSUANT TO THIS SECTION ARE ISSUED FOR AN
ESSENTIAL PUBLIC AND GOVERNMENTAL PURPOSE AND
, TOGETHER WITH
PAGE 43-HOUSE BILL 24-1172 INTEREST THEREON AND INCOME THEREFROM , ARE EXEMPT FROM ALL
TAXES
.
(8) (a)  B
ONDS ISSUED PURSUANT TO THIS SECTION MUST BE
AUTHORIZED BY A RESOLUTION OF THE AUTHORITY AND MAY BE ISSUED IN
ONE OR MORE SERIES AND MUST BEAR SUCH DATE
, BE PAYABLE UPON
DEMAND OR MATURE AT SUCH TIME
, BEAR INTEREST AT SUCH RATE, BE IN
SUCH DENOMINATION
, BE IN SUCH FORM, EITHER COUPON OR REGISTERED OR
OTHERWISE
, CARRY SUCH CONVERSION OR REGISTRATION PRIVILEGES , HAVE
SUCH RANK OR PRIORITY
, BE EXECUTED IN THE NAME OF THE AUTHORITY IN
SUCH MANNER
, BE PAYABLE IN SUCH MEDIUM OF PAYMENT , BE PAYABLE AT
SUCH PLACE
, BE SUBJECT TO SUCH CALLABILITY PROVISIONS OR TERMS OF
REDEMPTION
, WITH OR WITHOUT PREMIUMS, BE SECURED IN SUCH MANNER,
BE OF SUCH DESCRIPTION, CONTAIN OR BE SUBJECT TO SUCH COVENANTS ,
PROVISIONS, TERMS, CONDITIONS, AND AGREEMENTS INCLUDING PROVISIONS
CONCERNING EVENTS OF DEFAULT
, AND HAVE SUCH OTHER
CHARACTERISTICS AS MAY BE PROVIDED BY THE RESOLUTION OR BY THE
TRUST AGREEMENT
, INDENTURE, OR MORTGAGE, IF ANY, ISSUED PURSUANT
TO THE RESOLUTION
.
(b)  T
HE SEAL, OR A FACSIMILE THEREOF, OF THE AUTHORITY MUST
BE AFFIXED
, IMPRINTED, ENGRAVED, OR OTHERWISE REPRODUCED UPON
EACH OF ITS BONDS ISSUED PURSUANT TO THIS SECTION
.
(c)  B
ONDS ISSUED PURSUANT TO THIS SECTION MUST BE EXECUTED
IN THE NAME OF THE AUTHORITY BY THE MANUAL
, OR FACSIMILE
SIGNATURES OF SUCH OF ITS OFFICIALS AS MAY BE DESIGNATED IN THE SAID
RESOLUTION OR TRUST AGREEMENT
, INDENTURE, OR MORTGAGE; EXCEPT
THAT AT LEAST ONE SIGNATURE ON EACH SUCH BOND MUST BE A MANUAL
SIGNATURE
.
(d)  C
OUPONS, IF ANY, ATTACHED TO BONDS ISSUED PURSUANT TO
THIS SECTION MUST BEAR THE FACSIMILE SIGNATURE OF AN OFFICIAL OF THE
AUTHORITY DESIGNATED PURSUANT TO THIS SUBSECTION 
(8).
(e)  A
 RESOLUTION OR TRUST AGREEMENT , INDENTURE, OR
MORTGAGE MAY PROVIDE FOR THE AUTHENTICATION OF THE PERTINENT
BONDS BY THE TRUSTEE
.
(9)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SOLD BY THE
PAGE 44-HOUSE BILL 24-1172 AUTHORITY IN SUCH MANNER AND FOR SUCH PRICE AS THE AUTHORITY MAY
DETERMINE
, AT PAR, BELOW PAR, OR ABOVE PAR, AT PRIVATE SALE OR AT
PUBLIC SALE AFTER NOTICE PUBLISHED BEFORE SALE IN A NEWSPAPER
HAVING GENERAL CIRCULATION IN THE COUNTY OR IN ANOTHER MEDIUM OF
PUBLICATION THAT THE AUTHORITY MAY DEEM APPROPRIATE
.
(10)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE EXCHANGED
BY THE AUTHORITY FOR OTHER BONDS ISSUED BY IT PURSUANT TO THIS
SECTION
.
(11)  B
ONDS ISSUED PURSUANT TO THIS SECTION MAY BE SOLD BY AN
AUTHORITY TO THE FEDERAL GOVERNMENT IF THE AUTHORITY SELLS LESS
THAN ALL OF THE AUTHORIZED PRINCIPAL AMOUNT OF THE BONDS TO THE
FEDERAL GOVERNMENT
, THE AUTHORITY MAY SELL THE BALANCE OR ANY
PORTION OF THE BALANCE AT PRIVATE SALE AT PAR
, BELOW PAR, OR ABOVE
PAR
, AT AN INTEREST COST TO THE AUTHORITY NOT TO EXCEED THE
INTEREST COST TO THE AUTHORITY OF THE PORTION OF THE BONDS SOLD BY
THE AUTHORITY TO THE FEDERAL GOVERNMENT
.
30-31-112.  Property of an authority exempt from taxes and from
levy and sale by virtue of an execution. (1) (a)  A
LL PROPERTY OF AN
AUTHORITY
, INCLUDING ALL MONEY OWNED OR HELD BY IT FOR ANY OF THE
PURPOSES OF THIS ARTICLE 
31, IS EXEMPT FROM BOTH THE LEVY OF
PROPERTY TAXES AND SALE BY VIRTUE OF AN EXECUTION
, AND NO SUCH
EXECUTION OR OTHER JUDICIAL PROCESS MAY ISSUE AGAINST THE PROPERTY
OF AN AUTHORITY NOR MAY A JUDGMENT AGAINST THE AUTHORITY BE A
CHARGE OR LIEN UPON SUCH PROPERTY
.
(b)  T
HIS SUBSECTION (1) DOES NOT APPLY TO OR LIMIT EITHER:
(I)  T
HE RIGHT OF OBLIGEES TO FORECLOSE OR OTHERWISE ENFORCE
ANY MORTGAGE
, DEED OF TRUST, TRUST AGREEMENT, INDENTURE, OR OTHER
ENCUMBRANCE OF THE AUTHORITY
; OR
(II)  THE RIGHT OF OBLIGEES TO PURSUE ANY REMEDIES FOR THE
ENFORCEMENT OF ANY PLEDGE OR LIEN GIVEN BY THE AUTHORITY PURS UANT
TO THIS ARTICLE 
31 ON ITS RENTS, INCOME, PROCEEDS, REVENUES, LOANS,
GRANTS, CONTRIBUTIONS, AND OTHER MONEY AND ASSETS DERIVED OR
ARISING FROM ANY PROJECT OF THE AUTHORITY OR FROM ANY OF ITS
OPERATIONS OR ACTIVITIES PURSUANT TO THIS ARTICLE 
31.
PAGE 45-HOUSE BILL 24-1172 (2)  ALL PROPERTY OF AN AUTHORITY ACQUIRED OR HELD BY IT FOR
ANY OF THE PURPOSES OF THIS ARTICLE 
31, INCLUDING ALL MONEY OF AN
AUTHORITY ACQUIRED OR HELD BY IT FOR ANY OF THESE PURPOSES
, IS
PUBLIC PROPERTY USED FOR ESSENTIAL PUBLIC AND GOVERNMENTAL
PURPOSES
, AND BOTH THE PROPERTY AND THE AUTHORITY ARE EXEMPT
FROM ALL TAXES OF THE STATE OF 
COLORADO OR ANY OTHER PUBLIC BODY ;
EXCEPT THAT THIS TAX EXEMPTION FOR ANY PROPERTY ENDS WHEN THE
AUTHORITY SELLS
, LEASES, OR OTHERWISE DISPOSES OF THE PARTICULAR
PROPERTY TO A PURCHASER
, LESSEE, OR OTHER ALIENEE THAT IS NOT A
PUBLIC BODY ENTITLED TO TAX EXEMPTION WITH RESPECT TO THE
PARTICULAR PROPERTY
.
30-31-113.  Title of purchaser, lessee, or transferee. A
NY
INSTRUMENT EXECUTED BY AN AUTHORITY AND PURPORTING TO CONVEY
ANY RIGHT
, TITLE, OR INTEREST OF THE AUTHORITY IN ANY PROPERTY
PURSUANT TO THIS ARTICLE 
31 IS CONCLUSIVELY PRESUMED TO HAVE BEEN
MADE AND EXECUTED IN COMPLIANCE WITH THE PROVISIONS OF THIS
ARTICLE 
31 INSOFAR AS TITLE OR OTHER INTEREST OF ANY BONA FIDE
PURCHASERS
, LESSEES, OR TRANSFEREES OF SUCH PROPERTY IS CONCERNED .
30-31-114.  Cooperation by public bodies with county
revitalization authorities. (1)  A
NY PUBLIC BODY, WITHIN ITS POWERS,
PURPOSES, AND FUNCTIONS AND FOR THE PURPOSE OF AIDING AN AUTHORITY
IN OR IN CONNECTION WITH THE PLANNING OR UNDERTAKING PURSUANT TO
THIS ARTICLE 
31 OF ANY PLANS, PROJECTS, PROGRAMS, WORKS, OPERATIONS,
OR ACTIVITIES OF AN AUTHORITY WHOSE AREA OF OPERATION IS SITUATED
IN WHOLE OR IN PART WITHIN THE AREA IN WHICH THE PUBLIC BODY IS
AUTHORIZED TO ACT
, UPON TERMS AS THE PUBLIC BODY SHALL DETERMINE ,
MAY:
(a)  S
ELL, CONVEY, OR LEASE ANY OF THE PUBLIC BODY'S PROPERTY
OR GRANT EASEMENTS
, LICENSES, OR OTHER RIGHTS OR PRIVILEGES THEREIN
TO THE AUTHORITY
;
(b)  I
NCUR THE ENTIRE EXPENSE OF ANY PUBLIC IMPROVEMENTS
MADE BY THE PUBLIC BODY IN EXERCISING THE POWERS MENTIONED IN THIS
SECTION
;
(c)  D
O EVERYTHING NECESSARY TO AID OR COOPERATE WITH THE
AUTHORITY IN OR IN CONNECTION WITH THE PLANNING OR UNDERTAKING OF
PAGE 46-HOUSE BILL 24-1172 ANY PLANS, PROJECTS, PROGRAMS, WORKS, OPERATIONS, OR ACTIVITIES;
(d)  E
NTER INTO AGREEMENTS WITH THE AUTHORITY RESPECTING
ACTION TO BE TAKEN PURSUANT TO ANY OF THE POWERS SET FORTH IN THIS
ARTICLE 
31, INCLUDING AGREEMENTS RESPECTING THE PLANNING OR
UNDERTAKING OF ANY PLANS
, PROJECTS, PROGRAMS, WORKS, OPERATIONS,
OR ACTIVITIES WHICH THE PUBLIC BODY IS OTHERWISE EMPOWERED TO
UNDERTAKE
;
(e)  C
AUSE PUBLIC BUILDINGS AND PUBLIC FACILITIES , INCLUDING
PARKS
, PLAYGROUNDS, RECREATIONAL, COMMUNITY, EDUCATIONAL, WATER,
GARBAGE DISPOSAL, SEWER, SEWAGE, SEWERAGE, OR DRAINAGE FACILITIES,
OR ANY OTHER PUBLIC WORKS , IMPROVEMENTS, FACILITIES, OR UTILITIES
WHICH THE PUBLIC BODY IS OTHERWISE EMPOWERED TO UNDERTAKE
, TO BE
FURNISHED WITHIN THE AREA IN WHICH THE PUBLIC BODY IS AUTHORIZED TO
ACT
;
(f)  F
URNISH, DEDICATE, ACCEPT DEDICATION OF, OPEN, CLOSE,
VACATE, INSTALL, CONSTRUCT, RECONSTRUCT, PAVE, REPAVE, REPAIR,
REHABILITATE, IMPROVE, GRADE, REGRADE, PLAN, OR REPLAN PUBLIC
STREETS
, ROADS, ROADWAYS, PARKWAYS, ALLEYS, SIDEWALKS, AND OTHER
PUBLIC WAYS OR PLACES WITHIN THE AREA IN WHICH THE PUBLIC BODY IS
AUTHORIZED TO ACT TO THE EXTENT THAT THE ITEMS OR MATTERS ARE
,
UNDER ANY OTHER LAW , OTHERWISE WITHIN THE JURISDICTION OF THE
PUBLIC BODY
;
(g)  P
LAN OR REPLAN AND ZONE OR REZONE ANY PART OF THE AREA
UNDER THE JURISDICTION OF THE PUBLIC BODY OR MAKE EXCEPTIONS FROM
ITS BUILDING REGULATIONS
;
(h)  C
AUSE ADMINISTRATIVE OR OTHER SERVICES TO BE FURNISHED
TO THE AUTHORITY
; OR
(i)  DESIGNATE ANY PORTION OF THE SALES TAX REVENUE IT
RECEIVES TO THE AUTHORITY
.
(2)  I
F AT ANY TIME TITLE TO OR POSSESSION OF THE WHOLE OR ANY
PORTION OF ANY PROJECT OF THE AUTHORITY UNDER THIS ARTICLE 
31 IS
HELD BY ANY GOVERNMENTAL AGENCY OR PUBLIC BODY
, OTHER THAN THE
AUTHORITY
, WHICH IS AUTHORIZED BY LAW TO ENGAGE IN THE
PAGE 47-HOUSE BILL 24-1172 UNDERTAKING, CARRYING OUT, OR ADMINISTRATION OF ANY PROJECT ,
INCLUDING ANY AGENCY OR INSTRUMENTALITY OF THE UNITED STATES, THE
PROVISIONS OF THE AGREEMENTS REFERRED TO IN SUBSECTION
 (1)(d) OF
THIS SECTION INURE TO THE BENEFIT OF AND MAY BE ENFORCED BY THE
GOVERNMENTAL AGENCY OR PUBLIC BODY
.
(3)  A
NY PUBLIC BODY REFERRED TO IN SUBSECTION (1) OF THIS
SECTION MAY
, IN ADDITION TO ITS AUTHORITY PURSUANT TO ANY OTHER
LAW TO ISSUE ITS BONDS FOR ANY PURPOSES
, ISSUE AND SELL ITS BONDS FOR
ANY OF THE PURPOSES OF THE PUBLIC BODY STATED IN THIS SECTION
.
(4)  F
OR THE ADVANCEMENT OF THE PUBLIC INTEREST AND FOR THE
PURPOSE OF AIDING AND COOPERATING IN THE PLANNING
, ACQUISITION,
DEMOLITION, REHABILITATION, CONSTRUCTION, OR RELOCATION, OR
OTHERWISE ASSISTING THE OPERATION OR ACTIVITIES OF THE COUNTY
REVITALIZATION PROJECT LOCATED WHOLLY OR PARTLY WITHIN THE AREA
IN WHICH IT IS AUTHORIZED TO ACT
, A PUBLIC BODY MAY ENTER INTO
AGREEMENTS 
,WHICH MAY EXTEND OVER ANY PERIOD NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY
, WITH AN AUTHORITY
RESPECTING ACTION TAKEN OR TO BE TAKEN PURSUANT TO ANY OF THE
POWERS GRANTED BY THIS ARTICLE 
31.
30-31-115.  Designation - transfer - abolishment.
(1)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 31, THE
GOVERNING BODY MAY DESIGNATE ITSELF AS THE AUTHORITY WHEN
ORIGINALLY ESTABLISHING AN AUTHORITY
. A TRANSFER OF AN EXISTING
AUTHORITY TO THE GOVERNING BODY MAY BE ACCOMPLISHED ONLY BY
MAJORITY VOTE AT A REGULAR ELECTION
.
(2)  W
HEN THE GOVERNING BODY DESIGNATES ITSELF AS THE
AUTHORITY OR TRANSFERS AN EXISTING AUTHORITY TO THE GOVERNING
BODY PURSUANT TO SUBSECTION 
(1) OF THIS SECTION, THE GOVERNING BODY
SHALL APPOINT THE AUTHORITY COMMISSIONERS IN ACCORDANCE WITH
SECTION 
30-31-104 (2).
(3)  T
HE GOVERNING BODY OF THE COUNTY MAY , BY RESOLUTION,
PROVIDE FOR THE ABOLISHMENT OF THE COUNTY REVITALIZATION
AUTHORITY SO LONG AS ADEQUATE ARRANGEMENTS HAVE BEEN MADE FOR
PAYMENT OF ANY OUTSTANDING INDEBTEDNESS AND OTHER OBLIGATIONS
OF THE AUTHORITY
. ANY SUCH ABOLISHMENT IS EFFECTIVE UPON A DATE SET
PAGE 48-HOUSE BILL 24-1172 FORTH IN THE ORDINANCE AND THIS DATE MUST NOT BE LATER THAN SIX
MONTHS AFTER THE EFFECTIVE DATE OF THE ORDINANCE
.
30-31-116.  Regional tourism projects. (1)  A
 COUNTY
REVITALIZATION AUTHORITY THAT IS DESIGNATED AS A FINANCING ENTITY
PURSUANT TO PART 
3 OF ARTICLE 46 OF TITLE 24, HAS ALL THE POWERS
NECESSARY OR CONVENIENT TO CARRY OUT AND EFFECTUATE THE PURPOSES
AND PROVISIONS OF PART 
3 OF ARTICLE 46 OF TITLE 24, INCLUDING THE
POWER TO RECEIVE STATE SALES TAX INCREMENT REVENUE GENERATED
WITHIN AN APPROVED REGIONAL TOURISM ZONE
, AS DEFINED IN SECTION
24-46-303 (11), AND TO DISBURSE AND OTHERWISE UTILIZE SUCH REVENUE
FOR ALL LAWFUL PURPOSES
, INCLUDING FINANCING ELIGIBLE COSTS AND THE
DESIGN
, CONSTRUCTION, MAINTENANCE, AND OPERATION OF ELIGIBLE
IMPROVEMENTS
, AS SUCH TERMS ARE DEFINED IN SECTION 24-46-303 OR
OTHERWISE INCORPORATED INTO THE COMMISSION
'S CONDITIONS OF
APPROVAL
.
(2)  N
OTWITHSTANDING SECTION 30-31-109 (8), AUTHORIZATION TO
RECEIVE STATE SALES TAX INCREMENT REVENUE PURSUANT TO PART 
3 OF
ARTICLE 
46 OF TITLE 24, IS A MATERIAL MODIFICATION TO THE PLAN, AND
CORRESPONDING CHANGES TO THE PLAN MAY BE MADE BY THE GOVERNING
BODY OF THE AUTHORITY TO INCORPORATE THE USE OF STATE SALES TAX
INCREMENT REVENUE WITHOUT THE REQUIREMENT OF SUBMISSION TO OR
APPROVAL BY THE GOVERNING BODY OF THE COUNTY THAT HAS
ESTABLISHED THE AUTHORITY
.
(3)  A
NY COUNTY REVITALIZATION AUTHORITY THAT RECEIVES STATE
SALES TAX INCREMENT REVENUE
, WHETHER PURSUANT TO DESIGNATION AS
A FINANCING ENTITY PURSUANT TO PART 
3 OF ARTICLE 46 OF TITLE 24, OR
PURSUANT TO A CONTRACT ENTERED INTO WITH ANY SUCH FINANCING
ENTITY
, SHALL NOT USE THE STATE SALES TAX INCREMENT REVENUE TO
ACQUIRE PROPERTY THROUGH THE EXERCISE OF EMINENT DOMAIN
.
(4)  N
OTHING IN THIS SECTION ELIMINATES THE REQUIREMENTS FOR
THE AUTHORIZATION OF A NEW COUNTY REVITALIZATION AUTHORITY
PURSUANT TO THIS ARTICLE 
31.
30-31-117.  Cumulative powers. T
HE POWERS CONFERRED BY THIS
ARTICLE 
31 ARE IN ADDITION AND SUPPLEMENTAL TO THE POWERS
CONFERRED BY ANY OTHER LAW
.
PAGE 49-HOUSE BILL 24-1172 30-31-118.  Inclusion of incorporated territory in a county
revitalization area. (1)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS
ARTICLE 
31, A COUNTY REVITALIZATION PLAN , COUNTY REVITALIZATION
PROJECT
, OR COUNTY REVITALIZATION AREA MAY INCLUDE INCORPORATED
TERRITORY THAT IS WITHIN THE BOUNDARIES OF A MUNICIPALITY AND
CONTIGUOUS TO A PORTION OF AN URBAN RENEWAL AREA LOCATED OUTSIDE
OF THE MUNICIPALITY
'S BOUNDARIES. NO SUCH TERRITORY SHALL BE
INCLUDED IN THE PLAN
, PROJECT, OR AREA WITHOUT THE CONSENT OF THE
GOVERNING BODY OF THE MUNICIPALITY EXERCISING JURISDICTION OVER
THE INCORPORATED TERRITORY PROPOSED FOR INCLUSION AND THE
CONSENT OF EACH OWNER OF
, AND EACH HOLDER OF A RECORDED
MORTGAGE OR DEED OF TRUST ENCUMBERING
, REAL PROPERTY WITHIN THE
INCORPORATED AREA PROPOSED FOR INCLUSION
.
(2)  I
N ADDITION TO THE PROCEDURES FOR APPROVAL OF A PROPOSED
COUNTY REVITALIZATION PLAN BY THE COUNTY PURS UANT TO SECTION
30-31-109, INCORPORATED TERRITORY MUST ONLY BE INCLUDED IN THE
COUNTY REVITALIZATION PLAN
, PROJECT, OR AREA UPON THE APPROVAL OF
THE GOVERNING BODY OF THE MUNICIPALITY
:
(a)  M
AKING A DETERMINATION THAT THE AREA PROPOSED FOR
INCLUSION IN THE COUNTY REVITALIZATION PLAN IS A REVITALIZATION AREA
AND DESIGNATING THE AREA AS APPROPRIATE FOR A C	OUNTY
REVITALIZATION PROJECT IN THE MANNER PROVIDED IN SECTION 
30-31-109
(1);
(b)  R
EFERRING THE COUNTY REVITALIZATION PLAN TO THE
PLANNING COMMISSION OF THE MUNICIPALITY FOR A DETERMINATION AS TO
THE CONFORMITY OF THE COUNTY REVITALIZATION PLAN WITH THE GENERAL
PLAN FOR DEVELOPMENT FOR THE MUNICIPALITY IN THE MANNER PROVIDED
IN SECTION 
30-31-109 (2);
(c)  C
ONDUCTING A PUBLIC HEARING AND MAKING FINDINGS AND A
DETERMINATION TO APPROVE INCLUSION OF THE INCORPORATED TERRITORY
IN THE COUNTY REVITALIZATION PLAN
, PROJECT, OR AREA IN THE MANNER
PROVIDED IN SECTION
 30-31-109 (5)(a), (5)(b)(I) THROUGH
(5)(b)(IV), (5)(c), (5)(d), (6), (8), AND (9);
(d)  M
AKING AN ADDITIONAL FINDING THAT EACH OWNER OF , AND
EACH HOLDER OF A RECORDED MORTGAGE OR DEED OF TRUST
PAGE 50-HOUSE BILL 24-1172 ENCUMBERING, REAL PROPERTY IN THE INCORPORATED TERRITORY
PROPOSED FOR INCLUSION IN THE COUNTY REVITALIZATION PLAN
, PROJECT,
OR AREA CONSENTS TO THE INCLUSION ; AND
(e)  DETERMINING WHETHER THE INCORPORATED TERRITORY MUST
BE INCLUDED IN ANY PROVISION FOR THE DIVISION OF TAXES IN THE COUNTY
REVITALIZATION AREA AS AUTHORIZED BY SECTION 
30-31-109 (13), AND, IF
SO DETERMINED
, NOTIFYING THE COUNTY ASSESSOR OF SUCH INCLUSION AS
REQUIRED BY SECTION 
30-31-109 (15).
(4)  A
NY COUNTY REVITALIZATION PLAN APPROVED IN ACCORDANCE
WITH THIS SECTION MAY BE MODIFIED AS PROVIDED IN SECTION 
30-31-109
(10);
 EXCEPT THAT A MODIFICATION MUST BE APPROVED BY THE GOVERNING
BODY OF THE MUNICIPALITY
, THE COUNTY, AND THE AUTHORITY.
(5)  A
N AUTHORITY, A COUNTY, AND A MUNICIPALITY MAY ,
CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION , ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT TO FURTHER EFFECTUATE THE PURPOSES
OF THIS SECTION AND TO PROVIDE FOR THE INCLUSION OF INCORPORATED
TERRITORY IN A COUNTY REVITALIZATION AREA
.
(6)  T
HIS SECTION DOES NOT APPLY TO THE INCLUSION OF TERRITORY
IN A COUNTY REVITALIZATION AREA AS A RESULT OF ANNEXATION
.
SECTION 2. In Colorado Revised Statutes, add article 7.5 to title
38 as follows:
ARTICLE 7.5
Eminent Domain by County Revitalization Authorities - Vesting
38-7.5-101.  Motion for vesting - contents. (1) (a)  I
N ANY
PROCEEDING INITIATED BY A COUNTY REVITALIZATION AUTHORITY
, AS
DEFINED IN SECTION 
30-31-103 (6), UNDER THE PROVISIONS OF ARTICLE 1 OF
THIS TITLE
, THE PETITIONER OR ANY RESPONDENT, AT ANY TIME AFTER THE
PETITION HAS BEEN FILED AND BEFORE J UDGMENT IS ENTERED IN THE
PROCEEDING
, MAY FILE A WRITTEN VERIFIED MOTION REQUESTING THAT ,
IMMEDIATELY OR AT SOME SPECIFIED LATER DATE , THE PETITIONER BE
VESTED WITH FEE SIMPLE TITLE
, OR SOME LESSER ESTATE, INTEREST, OR
EASEMENT
, AS MAY BE REQUIRED, TO THE REAL PROPERTY, OR A SPECIFIED
PORTION THEREOF
, WHICH IS THE SUBJECT OF THE PROCEEDING , AND BE
AUTHORIZED TO TAKE POSSESSION OF AND USE SUCH PROPERTY
.
PAGE 51-HOUSE BILL 24-1172 (b)  ANY MOTION FILED BY ANY RESPONDENT AFFECTS , AND IS
LIMITED IN APPLICATION TO
, THE PROPERTY IN WHICH THE RESPONDENT HAS
AN INTEREST
.
(c)  A
LL THE OWNERS OF RECORD OF PROPERTY SHALL JOIN IN ANY
MOTION FILED BY ANY RESPONDENT UNDER THIS SECTION
, UNLESS ONE OR
MORE OF THE OWNERS OF RECORD CANNOT BY DUE DILIGENCE BE FOUND
, IN
WHICH INSTANCE THIS FACT MUST BE STATED IN THE MOTION
.
(2)  T
HE MOTION DESCRIBED IN SUBSECTION (1) OF THIS SECTION,
REFERRED TO IN THIS ARTICLE 7.5 AS THE "MOTION FOR VESTING", MUST SET
FORTH
:
(a)  A
N ACCURATE DESCRIPTION OF THE PROPERTY TO WHICH THE
MOTION RELATES AND THE ESTATE OR INTEREST SOUGHT TO BE ACQUIRED
OR DIVESTED
; BUT, IN ANY MOTION FOR VESTING FILED BY ANY RESPONDENT	,
THE INTEREST SOUGHT TO BE DIVESTED MUST BE THE INTEREST DESCRIBED
IN THE PETITION IN EMINENT DOMAIN
;
(b)  T
HE NAMES OF THE OWNERS OF RECORD OF THE PROPERTY
DESCRIBED IN THE MOTION FOR VESTING
; AND
(c)  THE DATE UPON WHICH IT IS REQUESTED THAT THE ESTATE OR
INTEREST SOUGHT TO BE ACQUIRED OR DIVESTED VEST IN THE PETITIONER
AND THE DATE UPON WHICH IT IS REQUESTED THAT THE PETITIONER BE
ENTITLED TO POSSESSION AND USE OF THE SUBJECT PROPERTY
.
38-7.5-102.  Motion for vesting - procedure with respect thereto.
(1) (a)  T
HE COURT SHALL SET A DATE, NOT LESS THAN TWENTY-ONE DAYS
AFTER THE FILING OF A MOTION FOR VESTING
, FOR THE HEARING THEREON,
AND THE COURT SHALL REQUIRE AT LEAST FOURTEEN DAYS NOTICE TO BE
GIVEN TO EACH PARTY TO THE PROCEEDING WHOSE INTERESTS WOULD BE
AFFECTED BY THE TAKING REQUESTED
.
(b)  T
HE AVERMENTS IN THE MOTION AND THE NECESSITY FOR THE
VESTING OF TITLE
, OR SOME LESSER ESTATE , BEFORE THE FINAL
DETERMINATION OF JUST COMPENSATION ARE DEEMED ADMITTED UNLESS
SUCH AVERMENTS ARE CONTROVERTED IN A RESPONSIVE PLEADING FILED AT
OR BEFORE THE HEARING ON THE MOTION FOR VESTING
.
PAGE 52-HOUSE BILL 24-1172 (2)  AT THE HEARING ON A MOTION FOR VESTING, IF THE AVERMENTS
IN THE MOTION HAVE BEEN CONTROVERTED IN RESPONSIVE PLEADINGS FILED
AT OR BEFORE THE HEARING AND IF THE COURT HAS NOT PREVIOUSLY
, IN THE
SAME PROCEEDING
, DETERMINED THAT THE AVERMENTS ARE TRUE , THE
COURT SHALL FIRST HEAR AND DETERMINE
:
(a)  T
HE AUTHORITY OF THE PETITIONER TO EXERCISE THE RIGHT OF
EMINENT DOMAIN
;
(b)  W
HETHER THE PROPERTY DESCRIBED IN THE MOTION FOR
VESTING IS SUBJECT TO THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN
;
AND
(c)  WHETHER THE RIGHT OF EMINENT DOMAIN IS BEING PROPERLY
EXERCISED IN THE PARTICULAR PROCEEDING
.
(3)  F
AILURE TO RAISE THE ISSUES ENUMERATED IN SUBSECTION (2)
OF THIS SECTION, AT OR BEFORE THE HEARING ON THE MOTION FOR VESTING ,
CONSTITUTES A WAIVER INSOFAR AS THE ISSUES RELATE TO THE PROPERTY
DESCRIBED IN THE MOTION FOR VESTING
. THE COURT'S ORDER THEREON IS
A FINAL ORDER
, AND AN APPEAL MAY BE OBTAINED FOR THE REVIEW
THEREOF BY EITHER PARTY WITHIN TWENTY
-ONE DAYS AFTER THE ENTRY OF
THE ORDER BUT NOT THEREAFTER UNLESS THE APPELLATE COURT
, ON GOOD
CAUSE SHOWN
, EXTENDS THE TIME FOR OBTAINING AN APPEAL WITHIN
TWENTY
-ONE DAYS. APPELLATE REVIEW DOES NOT STAY THE OTHER
PROCEEDINGS UNDER THIS ARTICLE 
7.5 UNLESS THE APPEAL WAS OBTAINED
BY THE PETITIONER OR UNLESS AN ORDER STAYING SUCH FURTHER
PROCEEDINGS IS ENTERED BY THE APPELLATE COURT UPON A SHOWING OF
IRREPARABLE INJURY
.
(4)  I
F THE ISSUES ENUMERATED UNDER SUBSECTION (2) OF THIS
SECTION ARE DETERMINED IN FAVOR OF THE PETITIONER AND FURTHER
PROCEEDINGS ARE NOT STAYED OR IF FURTHER PROCEEDINGS ARE STAYED
AND THE APPEAL RESULTS IN A DETERMINATION IN FAVOR OF THE
PETITIONER
, THE COURT SHALL HEAR AND DETERMINE ALL MATTERS RAISED
IN AND RELATING TO THE MOTION FOR VESTING
. IF THE FOREGOING MATTERS
ARE DETERMINED IN FAVOR OF THE PETITIONER
, THE COURT SHALL APPOINT
THREE DISINTERESTED COMMISSIONERS
, WHO MUST BE FREEHOLDERS , TO
ASSESS THE COMPENSATION TO WHICH THE RESPONDENTS NAMED IN THE
MOTION FOR VESTING MAY BE ENTITLED BY REASON OF THE APPROPRIATION
PAGE 53-HOUSE BILL 24-1172 OF THE PETITIONER.
(5) (a)  T
HE COMMISSIONERS, BEFORE ENTERING UPON THE DUTIES OF
THEIR OFFICE
, SHALL TAKE AN OATH TO FAITHFULLY AND IMPARTIALLY
DISCHARGE THEIR DUTIES AS COMMISSIONERS
. ANY ONE OF THE
COMMISSIONERS MAY ADMINISTER OATHS TO WITNESSES PRODUCED BEFORE
THEM
.
(b)  A
FTER TAKING THEIR OATH, THE COMMISSIONERS SHALL VIEW
THE PROPERTY
, HEAR TESTIMONY , AND CONSIDER EVIDENCE AS IS
REASONABLY NECESSARY TO ENABLE THEM TO MAKE A PRELIMINARY
FINDING OF AN AMOUNT CONSTITUTING JUST COMPENSATION FOR THE
TAKING OF THE PROPERTY OF THE RESPONDENTS NAMED IN THE MOTION FOR
VESTING
.
(c)  A
FTER MAKING A PRELIMINARY FINDING , THE COMMISSIONERS
SHALL MAKE
, SUBSCRIBE, AND FILE A CERTIFIED REPORT M EETING THE
REQUIREMENTS OF SECTION 
38-1-115 WITH THE CLERK OF THE COURT IN
WHICH SUCH PROCEEDINGS OCCUR
.
(d)  U
PON THE MOTION OF THE PETITIONER FILED WITHIN FOURTEEN
DAYS OF RECEIPT OF THE NOTICE PROVIDED FOR IN SECTION 
38-7.5-103 (1),
THE COURT SHALL REVIEW THE REPORT OF THE COMMISSIONERS , AND, UPON
GOOD CAUSE SHOWN BY THE PETITIONER
, THE COURT MAY ORDER A NEW
REPORT BY THE SAME OR DIFFERENT COMMISSIONERS AND VOID THE REPORT
OBJECTED TO
. THE APPOINTMENT OF ANY NEW COMMISSIONERS AND THE
PREPARATION OF THE NEW REPORT MUST BE DONE IN ACCOR DANCE WITH THE
PROVISIONS OF THIS ARTICLE 
7.5.
(6)  A
 PRELIMINARY FINDING OF JUST COMPENSATION AND ANY
DEPOSIT MADE OR SECURITY PROVIDED PURSUANT THERETO IS NOT
EVIDENCE IN THE FURTHER PROCEEDINGS TO ASCERTAIN THE JUST
COMPENSATION TO BE PAID AND MAY NOT BE DISCLOSED IN ANY MANNER TO
A JURY IMPANELED IN SUCH PROCEEDINGS
.
38-7.5-103.  Vesting of title - procedure. (1)  W
HEN THE CERTIFIED
REPORT OF THE COMMISSIONERS IS FILED WITH THE CLERK OF THE COURT
,
THE CLERK SHALL NOTIFY ALL PARTIES NAMED IN THE MOTION FOR VESTING
OF THE FILING OF THE REPORT AND OF THE AMOUNT PRELIMINARILY FOUND
TO CONSTITUTE JUST COMPENSATION
.
PAGE 54-HOUSE BILL 24-1172 (2) (a)  WITHIN SEVEN DAYS OF RECEIPT OF THE NOTICE DESCRIBED
IN SUBSECTION 
(1) OF THIS SECTION, THE PETITIONER SHALL DEPOSIT THE
SUM OF MONEY PRELIMINARILY FOUND TO CONSTITUTE JUST COMPENSATION
BY THE COMMISSIONERS TO THE COURT OR THE CLERK OF THE COURT FOR
THE USE OF THE RESPONDENT NAMED IN THE MOTION FOR VESTING
.
(b)  I
F THE PETITIONER HAS FILED A MOTION FOR A NEW REPORT
UNDER SECTION 
38-7.5-102 (5) AND THE MOTION IS DENIED, THE DEPOSIT IS
NOT DUE UNTIL SEVEN DAYS FOLLOWING THE COURT
'S RULING ON THE
MOTION
. IF THE MOTION IS GRANTED BY THE COURT , THE CLERK OF THE
COURT SHALL PROVIDE A NEW NOTICE UPON RECEIPT OF THE NEW REPORT
.
(3) (a)  U
PON PAYMENT TO THE COURT OR THE CLERK OF THE COURT
OF THE SUM DESCRIBED IN SUBSECTION 
(2) OF THIS SECTION BY THE
PETITIONER
, THE COURT SHALL ENTER AN ORDER VESTING IN THE PETITIONER
THE FEE SIMPLE TITLE
, OR SUCH LESSER ESTATE, INTEREST, OR EASEMENT AS
MAY BE REQUIRED
, TO THE PROPERTY AS REQUESTED IN THE MOTION FOR
VESTING ON SUCH DATE AS THE COURT CONSIDERS PROPER
, AND SHALL FIX
A DATE ON WHICH THE PETITIONER IS AUTHORIZED TO TAKE POSSESSION OF
AND TO USE THE PROPERTY
. A CERTIFIED COPY OF THE ORDER MUST BE
RECORDED AND INDEXED IN THE CLERK AND RECORDER
'S OFFICE OF THE
COUNTY IN WHICH THE PROPERTY IS LOCATED IN LIKE MANNER AND WITH
LIKE EFFECT AS IF IT WERE A DEED OF CONVEYANCE FROM THE OWNERS AND
PARTIES INTERESTED TO THE PROPER PARTIES
.
(b)  I
F THERE IS MORE THAN ONE PERSON INTERESTED AS OWNER OR
OTHERWISE IN THE PROPERTY AND THEY ARE UNABLE TO AGREE UPON THE
NATURE
, EXTENT, OR VALUE OF THEIR RESPECTIVE INTERESTS IN THE TOTAL
AMOUNT OF COMPENSATION SO ASCERTAINED AND ASSESSED ON AN
UNDIVIDED BASIS
, THE NATURE, EXTENT, OR VALUE OF SAID INTERESTS MUST
BE DETERMINED ACCORDING TO LAW IN A SEPARATE AND SUBSEQUENT
PROCEEDING AND DISTRIBUTION MADE AMONG THE SEVERAL CLAIMANTS
.
(4)  A
T THE REQUEST OF ANY AFFECTED PARTY AND UPON A SHOWING
OF UNDUE HARDSHIP OR OTHER GOOD CAUSE
, THE PETITIONER'S AUTHORITY
TO TAKE POSSESSION OF THE PROPER TY MUST BE POSTPONED FOR MORE
THAN FOURTEEN DAYS AFTER THE DATE OF VESTING OF TITLE OR MORE THAN
TWENTY
-ONE DAYS AFTER THE ENTRY OF AN ORDER THAT DOES NOT VEST
TITLE IN THE PETITIONER
. IF POSTPONEMENT OCCURS, THE AFFECTED PARTY
SHALL PAY TO THE PETITIONER A REASONABLE RENTAL FOR SUCH PROPERTY
,
PAGE 55-HOUSE BILL 24-1172 THE AMOUNT THEREOF TO BE DETERMINED BY THE COURT	.
38-7.5-104.  Withdrawals from deposit. (1)  U
PON PROPER
APPLICATION TO THE COURT OR BY STIPULATION BETWEEN THE PARTIES
, THE
RESPONDENT MAY WITHDRAW FROM THE SUM DEPOSITED PURSUANT TO
SECTION 
38-7.5-103 (2) AN AMOUNT NOT TO EXCEED THREE-FOURTHS OF THE
HIGHEST VALUATION EVIDENCED BY TESTIMONY PRESENTED BY THE
PETITIONER TO THE COMMISSIONERS UNLESS THE PETITIONER AGREES TO A
LARGER WITHDRAWAL
. ALL PARTIES INTERESTED IN THE PROPERTY SOUGHT
TO BE ACQUIRED ARE REQUIRED TO CONSENT AND AGREE TO ANY LARGER
WITHDRAWAL
.
(2)  A
NY WITHDRAWAL OF A DEPOSIT IS A PARTIAL PAYMENT OF THE
AMOUNT OF TOTAL COMPENSATION TO BE PAID AND MUST BE DEDUCTED BY
THE CLERK OF THE COURT FROM ANY AWARD OR VERDICT ENTERED
THEREAFTER
.
(3)  A
NY PARTY MAKING A WITHDRAWAL OF A DEPOSIT SHALL
REFUND TO THE CLERK OF THE COURT
, UPON THE ENTRY OF A PROPER COURT
ORDER
, ANY PORTION OF THE AMOUNT SO WITHDRAWN WHICH EXCEEDS THE
AMOUNT FINALLY ASCERTAINED IN THE PROCEEDING TO BE JUST
COMPENSATION OR DAMAGES
, COSTS, OR EXPENSES OWING TO THE PARTY.
38-7.5-105.  Construction of article. T
HE RIGHT TO TAKE
POSSESSION AND TITLE BEFORE THE FINAL JUDGMENT AS PRESCRIBED IN THIS
ARTICLE 
7.5 IS IN ADDITION TO ANY OTHER RIGHT, POWER, OR AUTHORITY
OTHERWISE CONFERRED BY LAW AND MAY NOT BE CONSTRUED AS
ABROGATING
, LIMITING, OR MODIFYING ANY SUCH OTHER RIGHT, POWER, OR
AUTHORITY
, INCLUDING THE RIGHTS, POWERS, AND AUTHORITIES GRANTED
IN ARTICLES 
1 TO 7 OF THIS TITLE 38. SHOULD THE PROVISIONS OF THIS
ARTICLE 
7.5 BE INVOKED BY ANY PARTY, THE FINAL DETERMINATION OF THE
AMOUNT CONSTITUTING JUST COMP ENSATION MUST BE DETERMINED
PURSUANT TO THE PROVISIONS OF ARTICLE 
1 OF THIS TITLE 38.
N
OTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 7.5, A COUNTY
REVITALIZATION AUTHORITY
'S EMINENT DOMAIN AUTHORITY SHALL NOT
EXCEED THAT OF THE COUNTY WHERE THE AUTHORITY IS LOCATED
.
38-7.5-106.  Commissioners - other articles. N
OTHING IN THIS
ARTICLE 
7.5 PREVENTS A COMMISSIONER APPOINTED UNDER THIS ARTICLE
7.5 FROM BEING APPOINTED PURSUANT TO THE PROVISIONS OF ARTICLES 1 TO
PAGE 56-HOUSE BILL 24-1172 7 OF THIS TITLE 38 IN THE SAME EMINENT DOMAIN PROCEEDING . NOTHING IN
THIS ARTICLE 
7.5 PREVENTS THE APPOINTMENT OF A COMMISSIONER , FOR
PURPOSES OF THIS ARTICLE 
7.5, WHO HAS PREVIOUSLY BEEN APPOINTED IN
THE SAME PROCEEDING UNDER THE PROVISIONS OF ARTICLE 
1 OF THIS TITLE
38.
38-7.5-107.  Interest. T
HE PETITIONER SHALL PAY INTEREST AS
PROVIDED IN SECTION 
38-1-116; EXCEPT THAT NO INTEREST IS ALLOWED ON
THAT PORTION OF THE AWARD WHICH THE RESPONDENT RECEIVED OR COULD
HAVE RECEIVED AS A PARTIAL PAYMENT BY WITHDRAWAL FROM THE SUM
DEPOSITED BY THE PETITIONER PURSUANT TO SECTION 
38-7.5-103 (2).
SECTION 3. In Colorado Revised Statutes, amend 11-58-105 as
follows:
11-58-105.  Annual information report. Each issuer of nonrated
public securities issued pursuant to sections 30-31-109 (13), 31-25-107 (9),
and 31-25-807 (3), C.R.S.,
 and title 32, C.R.S., shall make public within
sixty days following the end of each of such issuer's fiscal year ending on
or after December 31, 1991, an annual information report or reports with
respect to any of such issuer's nonrated public securities which are
outstanding as of the end of each such fiscal year. Nothing shall preclude
PRECLUDES any issuer not so required by this article THIS ARTICLE 58 from
filing a report pursuant to this article THIS ARTICLE 58.
SECTION 4. In Colorado Revised Statutes, 22-54-112, amend (3)
as follows:
22-54-112.  Reports to the state board. (3) (a)  If the valuation for
assessment for all or a part of any district has been divided for an urban
renewal area, pursuant to section 31-25-107 (9)(a), C.R.S.,
 any report under
this section shall MUST be based upon that portion of the valuation for
assessment under said section 31-25-107 (9)(a)(I), C.R.S., so long as such
THE division remains in effect.
(b)  I
F THE VALUATION FOR ASSESSMENT FOR ALL OR A PART OF ANY
DISTRICT HAS BEEN DIVIDED FOR A COUNTY REVITALIZATION AREA
PURSUANT TO SECTION
 30-31-109 (13)(a) ANY REPORT UNDER THIS SECTION
MUST BE BASED UPON THAT PORTION OF THE VALUATION FOR ASSESSMENT
UNDER SECTION
 30-31-109 (13)(a)(I), SO LONG AS THE DIVISION REMAINS IN
PAGE 57-HOUSE BILL 24-1172 EFFECT.
SECTION 5. In Colorado Revised Statutes, 24-46-303, amend (6)
as follows:
24-46-303.  Definitions. As used in this part 3, unless the context
otherwise requires:
(6)  "Financing entity" means the entity designated by the
commission in connection with its approval of a regional tourism project to
receive and utilize state sales tax increment revenue. A financing entity may
be
 A COUNTY REVITALIZATION AUTHORITY CREATED PURSUANT TO ARTICLE
31 OF TITLE 30, a metropolitan district created pursuant to title 32, C.R.S.,
an urban renewal authority created pursuant to part 1 of article 25 of title	31, C.R.S.,
 or any regional tourism authority to be formed pursuant to this
part 3.
SECTION 6. In Colorado Revised Statutes, 24-46-304, amend
(2)(d) as follows:
24-46-304.  Regional tourism project - application -
requirements. (2)  A local government shall submit an application for a
regional tourism project to the Colorado office of economic development
in a form and manner to be determined by the commission. The office shall
provide the commission with each application received after the director's
review pursuant to section 24-46-305. The application shall include, but
need not be limited to, the following:
(d)  A discussion of each of the application criteria and how the
project will meet each of the criteria, including an economic analysis
detailing projected economic development, impact on future state sales tax
revenue during and after the financing term, the number of new jobs to be
created by the project by job category as defined by the Colorado
department of labor and employment occupational employment statistics
survey and the wages and, to the extent that it is reasonably possible,
information on health benefits for jobs in each category, market impact,
anticipated regional and in-state competition, the ability to attract
out-of-state tourists, the fiscal impact to local governments within and
adjacent to the regional tourism zone, an analysis of the impact to local
school districts and an estimate of the percentage of total program that the
PAGE 58-HOUSE BILL 24-1172 state will become responsible to fund through the state's share of total
program pursuant to section 22-54-106, C.R.S., in the event that IF THE
COUNTY REVITALIZATION AUTHORITY OR
 an urban renewal authority is the
financing entity for the regional tourism project and uses property tax
revenue to finance the project, and any other information reasonably
requested by the commission;
SECTION 7. In Colorado Revised Statutes, 24-46-306, amend
(3)(g) as follows:
24-46-306.  Regional tourism authority - board - creation -
powers and duties. (3)  Unless limited by the commission's conditions of
approval, each authority shall have all of the powers necessary or
convenient to carry out and effect the purposes and provisions of this part
3, including but not limited to the following powers:
(g)  To assign and pledge to any 
COUNTY REVITALIZATION
AUTHORITY
, metropolitan district, or urban renewal authority having all or
any portion of the regional tourism zone within its boundaries or service
area the authority's right to receive and utilize state sales tax increment
revenue to support bonds or other financing instruments issued or entered
into by the metropolitan district or urban renewal authority for eligible costs
or to acquire eligible improvements, including but not limited to loans or
funding and reimbursement agreements with developers involved in the
regional tourism project or other third parties;
SECTION 8. In Colorado Revised Statutes, 24-46-308, amend (4)
as follows:
24-46-308.  Annual report - audit. (4)  If the financing entity is a
COUNTY REVITALIZATION AUTHORITY , A metropolitan district, or an urban
renewal authority, it may comply with the requirements of this section by
submitting to the commission a copy of the report that the metropolitan
district or urban renewal authority is otherwise required to submit to a local
government pursuant to law. Such copy shall
 MUST be delivered to the
commission concurrently with the delivery of the annual report and audit
when otherwise required by law.
SECTION 9. In Colorado Revised Statutes, 24-68-102, amend the
introductory portion and (2) as follows:
PAGE 59-HOUSE BILL 24-1172 24-68-102.  Definitions. As used in this article ARTICLE 68, unless
the context otherwise requires:
(2)  "Local government" means any county, city and county, city, or
town, whether statutory or home rule, acting through its governing body or
any board, commission, or agency thereof having final approval authority
over a site specific development plan, including without limitation
 any
legally empowered 
COUNTY REVITALIZATION AUTHORITY OR urban renewal
authority.
SECTION 10. In Colorado Revised Statutes, 29-25-108, amend
(1)(c) as follows:
29-25-108.  Board of directors - duties. (1) (c)  If more than
one-half of the property located within the district is also located within 
A
COUNTY REVITALIZATION AREA
, an urban renewal area, a downtown
development authority, or a general improvement district, the governing
body may, at any time, provide by ordinance that the governing body of the
COUNTY REVITALIZATION AUTHORITY , urban renewal authority, downtown
development authority, or general improvement district shall constitute ex
officio the board of directors of the district. In such event, the officers of
such entity shall be
 ARE ex officio the officers of the board. A quorum of
the board of directors of such entity shall constitute CONSTITUTES a quorum
of the board.
SECTION 11. In Colorado Revised Statutes, 31-30-1102, amend
(7.5) as follows:
31-30-1102.  Definitions. As used in this part 11, unless the context
otherwise requires:
(7.5)  "Previous net valuation" means an amount equal to the total
valuation for assessment certified by the county assessor pursuant to section
39-5-128, C.R.S.,
 and amended pursuant to section 39-1-111 (5), C.R.S.,
less the valuation for assessment that has been divided for THE COUNTY
REVITALIZATION AREA PURSUANT TO SECTION
 30-31-109 (13), an urban
renewal area pursuant to section 31-25-107 (9), or for
 a downtown
development authority pursuant to section 31-25-807 (3) for the property
tax year in which the municipality or district made a contribution to the
fund. If the total valuation for assessment certified by the county assessor,
PAGE 60-HOUSE BILL 24-1172 as amended, does not include the valuation for assessment that has been
divided for an urban renewal area, such urban renewal valuation for
assessment shall not be subtracted from the total valuation for assessment.
SECTION 12. In Colorado Revised Statutes, 32-9-119.8, amend
(1)(a.3) as follows:
32-9-119.8.  Provision of retail and commercial goods and
services at district transfer facilities - residential and other uses at
district transfer facilities permitted - definitions. (1)  As used in this
section, unless the context otherwise requires:
(a.3)  "Public entity" includes, but is not limited to, a public body, as
that term is defined in section 32-9-103 (11), and any other governmental
entity, agency, or official, including 
A COUNTY REVITALIZATION AUTHORITY ,
an urban renewal authority, and the department of transportation.
SECTION 13. In Colorado Revised Statutes, 32-11-104, amend
(46)(a) as follows:
32-11-104.  Definitions. As used in this article 11, unless the context
otherwise requires:
(46) (a)  "Public body" means the state of Colorado or any agency,
instrumentality, or corporation thereof, or any county, municipality,
corporate district, housing authority, 
COUNTY REVITALIZATION AUTHORITY ,
urban renewal authority, other type of authority, the regents of the
university of Colorado, the state board for community colleges and
occupational education, or any other body corporate and politic and political
subdivision of the state.
SECTION 14. In Colorado Revised Statutes, 38-1-101, amend
(5)(b) as follows:
38-1-101.  Compensation - public use - commission - jury - court
- prohibition on elimination of nonconforming uses or nonconforming
property design by amortization - limitation on extraterritorial
condemnation by municipalities - definitions. (5)  For purposes of this
section, unless the context otherwise requires:
PAGE 61-HOUSE BILL 24-1172 (b)  "Political subdivision" means a county; city and county; city;
town; service authority; school district; local improvement district; law
enforcement authority; 
COUNTY REVITALIZATION AUTHORITY ; urban renewal
authority; city or county housing authority; water, sanitation, fire protection,
metropolitan, irrigation, drainage, or other special district; or any other kind
of municipal, quasi-municipal, or public corporation organized pursuant to
law.
SECTION 15. In Colorado Revised Statutes, 38-1-202, amend
(1)(f)(XLI) and (1)(f)(XLII); and add (1)(f)(XLIII) as follows:
38-1-202.  Governmental entities, corporations, and persons
authorized to use eminent domain. (1)  The following governmental
entities, types of governmental entities, and public corporations, in
accordance with all procedural and other requirements specified in this
article 1 and articles 2 to 7 of this title 38 and to the extent and within any
time frame specified in the applicable authorizing statute, may exercise the
power of eminent domain:
(f)  The following types of single purpose districts, special districts,
authorities, boards, commissions, and other governmental entities that serve
limited governmental purposes or that may exercise eminent domain for
limited purposes:
(XLI)  The front range passenger rail district created in section
32-22-103 (1), as authorized in section 32-22-106 (1)(k); and
(XLII)  The Colorado electric transmission authority created in
section 40-42-103 (1) as authorized in section 40-42-104 (1)(p); 
AND
(XLIII)  A COUNTY REVITALIZATION AUTHORITY CREATED PURS UANT
TO SECTION 
30-31-104 AND IN ACCORDANCE WITH THE VESTING
REQUIREMENTS SPECIFIED IN ARTICLE 
7 OF THIS TITLE 38;
SECTION 16. In Colorado Revised Statutes, 39-1-111, amend (4)
as follows:
39-1-111.  Taxes levied by board of county commissioners.
(4) (a)  If the valuation for assessment for all or any part of any body
authorized to levy taxes has been divided for an urban renewal area,
PAGE 62-HOUSE BILL 24-1172 pursuant to section 31-25-107 (9)(a), C.R.S., the board of county
commissioners shall make the same levy on the portion of valuation for
assessment divided under subparagraph (II) as under subparagraph (I) of
said section 31-25-107 (9)(a), C.R.S., SECTION 31-25-107 (9)(a)(II) AS
UNDER SECTION
 31-25-107 (9)(a)(I) for payment of taxes according to the
provisions of said
 SECTION 31-25-107 (9)(a), so long as said THE division
remains in effect.
(b)  I
F THE VALUATION FOR ASSESSMENT FOR ALL OR ANY PART OF
ANY BODY AUTHORIZED TO LEVY TAXES HAS BEEN DIVIDED FOR A COUNTY
REVITALIZATION AREA
, PURSUANT TO SECTION 30-31-109 (13)(a), THE
BOARD OF COUNTY COMMISSIONERS SHALL MAKE THE SAME LEVY ON THE
PORTION OF VALUATION FOR ASSESSMENT DIVIDED UNDER SECTION
30-31-109 (13)(a)(II) AS UNDER SECTION 30-31-109 (13)(a)(I) FOR PAYMENT
OF TAXES ACCORDING TO THE PROVISIONS OF SECTION
 30-31-109 (13)(a), SO
LONG AS THE DIVISION REMAINS IN EFFECT
.
SECTION 17. In Colorado Revised Statutes, 39-5-128, amend (3)
as follows:
39-5-128.  Certification of valuation for assessment. (3) (a)  If the
valuation for assessment for all or part of any such political subdivision has
been divided for an urban renewal area, pursuant to section 31-25-107
(9)(a), C.R.S.,
 any certification under this section shall MUST be based upon
that portion of the valuation for assessment under subparagraph (I) of said
section 31-25-107 (9)(a), C.R.S., SECTION 31-25-107 (9)(a)(I) so long as
such THE division remains in effect.
(b)  I
F THE VALUATION FOR ASSESSMENT FOR ALL OR PART OF ANY
SUCH POLITICAL SUBDIVISION HAS BEEN DIVIDED FOR A COUNTY
REVITALIZATION AREA
, PURSUANT TO SECTION 30-31-109 (13)(a), ANY
CERTIFICATION UNDER THIS SECTION MUST BE BASED UPON THAT PORTION
OF THE VALUATION FOR ASSESSMENT UNDER SECTION
 30-31-109 (13)(a)(I),
SO LONG AS THE DIVISION REMAINS IN EFFECT.
SECTION 18. In Colorado Revised Statutes, 39-5-132, amend (7)
as follows:
39-5-132.  Assessment and taxation of new construction.
(7)  Nothing in this section shall be construed to affect
 AFFECTS tax
PAGE 63-HOUSE BILL 24-1172 increment financing as said financing is implemented pursuant to sections
31-25-107 (9), 30-31-109 (13), and 31-25-807 (3), C.R.S., nor the
distribution of specific ownership taxes pursuant to section 42-3-107 (24).
C.R.S.
SECTION 19. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 64-HOUSE BILL 24-1172 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie	Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________  ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 65-HOUSE BILL 24-1172