17-27a-507 - Exactions -- Exaction for water interest -- Requirement to offer to original owner property acquired by exaction.
17-27a-507. Exactions -- Exaction for water interest -- Requirement to offer tooriginal owner property acquired by exaction.
(1) A county may impose an exaction or exactions on development proposed in a landuse 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 county or, if applicable, the county's culinary water authority shall base anyexaction for a water interest on the culinary water authority's established calculations of projectedwater 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 county or its culinary water authority may not impose an exaction for a waterinterest if the culinary water authority's existing available water interests exceed the waterinterests needed to meet the reasonable future water requirement of the public, as determinedunder Subsection 73-1-4(2)(f).
(3) (a) If a county plans to dispose of surplus real property under Section 17-50-312 thatwas acquired under this section and has been owned by the county for less than 15 years, thecounty shall first offer to reconvey the property, without receiving additional consideration, to theperson who granted the property to the county.
(b) A person to whom a county offers to reconvey property under Subsection (3)(a) has90 days to accept or reject the county's offer.
(c) If a person to whom a county offers to reconvey property declines the offer, thecounty may offer the property for sale.
(d) Subsection (3)(a) does not apply to the disposal of property acquired by exaction by acommunity development or urban renewal agency.
Amended by Chapter 163, 2009 General Session