Development impediment hearing -- Owners may review evidence of a development impediment.

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  • (1) In a hearing required under Subsection 17C-5-402(2)(b), an agency shall:
    • (a) permit all evidence of the existence or nonexistence of a development impediment within the survey area to be presented; and
    • (b) permit each record owner of property located within the survey area or the record property owner's representative the opportunity to:
      • (i) examine and cross-examine each witness that provides evidence of the existence or nonexistence of a development impediment; and
      • (ii) present evidence and testimony, including expert testimony, concerning the existence or nonexistence of a development impediment.
  • (2) An agency shall allow each record owner of property located within a survey area the opportunity, for at least 30 days before the day on which the hearing takes place, to review the evidence of a development impediment compiled by the agency or by the person or firm conducting the development impediment study for the agency, including any expert report.




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