35.21.955  <<  35.21.960 >>   35.21.965

Removal of restrictive covenantsHearing, notice.

Any city, town, or municipal corporation must hold a public hearing upon a proposal to remove, vacate, or extinguish a restrictive covenant from property owned by the city, town, or municipal corporation before the action is finalized. The public hearing must allow individuals to provide testimony regarding the proposed action. The city, town, or municipal corporation must provide notice of the public hearing at least ten days before the hearing at its usual place of business and issue a press release to local media providing the date, time, location, and reason for the public hearing. The notice must be posted on the city, town, or municipal corporation's web site if it is updated for any reason before the hearing date. The notice must also identify the property and provide a brief explanation of the restrictive covenant to be removed, vacated, or extinguished. Any member of the public, in person or by counsel, may submit testimony at the public hearing.


Short title2017 c 119: "This act may be known and cited as the land covenant preservation and transparency act." [ 2017 c 119 § 1.]
Finding2017 c 119: "The legislature finds that many pieces of property are provided to government agencies as part of agreements in which the land includes restrictive covenants. There is a desire that government agencies become more transparent when they want to change the use of property that has covenants that restrict what can be done with property, especially if the property was a gift to be used for parks, open space, habitat, or environmental mitigation and conservation. The legislature declares that any local government agency that intends to remove restrictive covenants from real property owned by the agency must do so through an open process in which citizens are made aware of the agency's intent to remove or modify the restrictive covenant before the legal action occurs." [ 2017 c 119 § 2.]
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