11-36a-701. Impact fee challenge.
(1) A person or an entity residing in or owning property within a service area, or an organization, association, or a corporation representing the interests of persons or entities owning property within a service area, has standing to file a declaratory judgment action challenging the validity of an impact fee.
(2) A person or an entity required to pay an impact fee who believes the impact fee does not meet the requirements of law may file a written request for information with the local political subdivision who established the impact fee. Within two weeks after the receipt of the request for information under Subsection, the local political subdivision shall provide the person or entity with the impact fee analysis, the impact fee facilities plan, and any other relevant information relating to the impact fee. (2)(a)
(3) Subject to the time limitations described in Sectionand procedures set forth in Section, a person or an entity that has paid an impact fee that a local political subdivision imposed may challenge: 11-36a-702 11-36a-703 if the impact fee enactment was adopted on or after July 1, 2000: subject to Subsectionand except as provided in Subsection, whether the local political subdivision complied with the notice requirements of this chapter with respect to the imposition of the impact fee; and (3)(b)(i) (3)(b)(ii) whether the local political subdivision complied with other procedural requirements of this chapter for imposing the impact fee; and except as limited by Subsection, the impact fee. (3)(c) The sole remedy for a challenge under Subsectionis the equitable remedy of requiring the local political subdivision to correct the defective notice and repeat the process. (3)(a)(i)(A) The protections given to a municipality under Sectionand to a county under Sectiondo not apply in a challenge under Subsection. 10-20-1109 17-79-1009 (3)(a)(i)(A) The sole remedy for a challenge under Subsectionis a refund of the difference between what the person or entity paid as an impact fee and the amount the impact fee should have been if it had been correctly calculated. (3)(a)(ii)
(4) Subject to Subsection, if an impact fee that is the subject of an advisory opinion under Sectionis listed as a cause of action in litigation, and that cause of action is litigated on the same facts and circumstances and is resolved consistent with the advisory opinion: (4)(d) 13-43-205 the substantially prevailing party on that cause of action: may collect reasonable attorney fees and court costs pertaining to the development of that cause of action from the date of the delivery of the advisory opinion to the date of the court's resolution; and shall be refunded an impact fee held to be in violation of this chapter, based on the difference between the impact fee paid and what the impact fee should have been if the local political subdivision had correctly calculated the impact fee; and in accordance with Section, a local political subdivision shall refund an impact fee held to be in violation of this chapter to the person who was in record title of the property on the day on which the impact fee for the property was paid if: 13-43-206 the impact fee was paid on or after the day on which the advisory opinion on the impact fee was issued but before the day on which the final court ruling on the impact fee is issued; and the person described in Subsectionrequests the impact fee refund from the local political subdivision within 30 days after the day on which the court issued the final ruling on the impact fee. (3)(a)(ii) A local political subdivision subject to Subsectionshall refund the impact fee based on the difference between the impact fee paid and what the impact fee should have been if the local political subdivision had correctly calculated the impact fee. (3)(a)(ii) This Subsectionmay not be construed to create a new cause of action under land use law. (4) Subsectiondoes not apply unless the cause of action described in Subsectionis resolved and final. (4)(a) (4)(a)
(5) Subject to the time limitations described in Sectionand procedures described in Section, a claimant, as defined in Section, may challenge whether a local political subdivision spent or encumbered an impact fee in accordance with Section. 11-36a-702 11-36a-703 11-36a-603 11-36a-602