Redevelopment law allows counties, cities, and towns to eliminate blight, promote job creation, and enhance communities through strategic public investments. This is all accomplished through property tax increment and, sometimes, sales tax revenues. Utah state law permits local governments to use property tax increment financing to leverage private development within a community. In Utah, redevelopment takes the form of three separate tracks, including (1) urban renewal, (2) economic development, or (3) community development.

The attorneys at Smith|Hartvigsen have extensive experience assisting local governments plan and carry out all three types of redevelopment projects. We can help you decide which track will best help your community achieve its goals, and we can assist your community in effectively and legally establishing project areas.

Counsel to Redevelopment, or Community Development and Renewal, Agencies

Redevelopment is accomplished through a redevelopment agency (technically called a “Community Development and Renewal Agency”). Each county, city, or town that desires to participate in redevelopment activities must first create a redevelopment agency. While a redevelopment agency is a separate corporate body from the community that creates the agency, individuals serving on the legislative body of the creating local government also serve simultaneously on the redevelopment agency board.

The attorneys at Smith|Hartvigsen have guided countless Utah communities in creating, organizing, and effectively managing redevelopment agencies. Additionally, Smith|Hartvigsen has been retained by numerous communities as permanent redevelopment counsel. Our attorneys work hand in hand with in-house counsel for counties, cities, and towns.

Whether your community needs assistance creating a redevelopment agency or understanding the proper procedures for administering a redevelopment agency, we can provide the guidance you need.

Counsel to Private Developers

The attorneys at Smith|Hartvigsen have also represented developers in seeking out redevelopment incentives from local communities. We counsel private individuals and companies on how to benefit from tax incentives offered by redevelopment agencies. We also counsel both communities and developers on how to effectively carry out redevelopment projects, including the drafting and negotiation of participation agreements that outline incentives offered by the community and promises made by the developer.

We understand that successful redevelopment necessarily involves public investment and private participation. We carefully negotiate and draft participation agreements to achieve the proper balance that is necessary to make redevelopment work. The guiding principle in redevelopment is the enhancement of private development, and we have the experience necessary to help developers and local government entities work cooperatively on redevelopment projects.

Urban Renewal Counsel

The attorneys at Smith|Hartvigsen have counseled many communities in planning and developing urban renewal projects designed to eliminate blight, revitalize communities, and promote job creation. Significantly, we provided legal counsel on the largest urban renewal project ever established in Utah.

The attorneys at Smith|Hartvigsen also have considerable experience in handling eminent domain, condemnation, and takings claims. Eminent domain is authorized, in a limited form, under urban renewal, and we can guide you through that difficult process.

Each urban renewal project requires the preparation of a project area budget. Before a redevelopment agency may adopt the project area budget, the agency must obtain approval from a Taxing Entity Committee. Obtaining Taxing Entity Committee approval is not always easy, however. The attorneys at Smith|Hartvigsen have a flawless record appearing before Taxing Entity Committees: we have always succeeded in obtaining Taxing Entity Committee approval. Many projects have required significant negotiations and persuasion, but we have always made it work for our clients. Our proven system can provide the same level of service to your community to make certain your redevelopment project does not get held back by a Taxing Entity Committee.

Economic Development Counsel

Economic development project areas allow a community to channel tax increment toward the promotion and creation of nonretail jobs. The attorneys at Smith|Hartvigsen have helped numerous communities plan and administer economic development projects that include manufacturing and industrial sites, technological sites, and more.

Like urban renewal projects, economic development projects also require taxing entity approval of the project area budget. We can assist you organize a Taxing Entity Committee, call Taxing Entity Committee meetings, schedule annual Taxing Entity Committee meetings, and garner the votes necessary for Taxing Entity Committee approval.

Community Development Counsel

Community development is a more flexible option than its two counterparts. Community development requires the adoption of a project area plan, but unlike urban renewal or economic development, it does not require a project area budget or Taxing Entity Committee approval.

Instead, community development involves private negotiations with each of the taxing entities that tax properties located within a project area. By entering into separate interlocal cooperation agreements with each of these taxing entities, a redevelopment agency can secure a property tax increment and/or sales tax revenue stream to finance community development activities.

Our attorneys have negotiated and drafted numerous community development projects, including the associated interlocal cooperation agreements. Our proven method for garnering taxing entity support of community development projects will help your community secure tax increment or sales tax revenue to fund community development activities.

External Links
 - Economic Development Corporation of Utah (http://www.edcutah.org/)
 - Utah Governor’s Office of Economic Development (http://goed.utah.gov/)
 - Utah Redevelopment Association (http://utahredevelopment.org/)
 - Utah Alliance for Economic Development (http://www.utahalliance.com/)