10-9a-508 - Exactions -- Exaction for water interest -- Requirement to offer to original owner property acquired by exaction.
10-9a-508. Exactions -- Exaction for water interest -- Requirement to offer tooriginal owner property acquired by exaction.
(1) A municipality may impose an exaction or exactions on development proposed in aland use application, including, subject to Subsection (2), an exaction for a water interest, if:
(a) an essential link exists between a legitimate governmental interest and each exaction;and
(b) each exaction is roughly proportionate, both in nature and extent, to the impact of theproposed development.
(2) (a) (i) A municipality shall base any exaction for a water interest on the culinarywater authority's established calculations of projected water interest requirements.
(ii) Upon an applicant's request, the culinary water authority shall provide the applicantwith the basis for the culinary water authority's calculations under Subsection (2)(a)(i) on whichan exaction for a water interest is based.
(b) A municipality may not impose an exaction for a water interest if the culinary waterauthority's existing available water interests exceed the water interests needed to meet thereasonable future water requirement of the public, as determined under Subsection 73-1-4(2)(f).
(3) (a) If a municipality plans to dispose of surplus real property that was acquired underthis section and has been owned by the municipality for less than 15 years, the municipality shallfirst offer to reconvey the property, without receiving additional consideration, to the person whogranted the property to the municipality.
(b) A person to whom a municipality offers to reconvey property under Subsection (3)(a)has 90 days to accept or reject the municipality's offer.
(c) If a person to whom a municipality offers to reconvey property declines the offer, themunicipality may offer the property for sale.
(d) Subsection (3)(a) does not apply to the disposal of property acquired by exaction by acommunity development and renewal agency.
Amended by Chapter 163, 2009 General Session