Did You Know? Arapahoe Prevails Over the Aurora Urban Renewal Challenge

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Arapahoe County Prevails Over the Aurora Urban Renewal Challenge on TIF
(Italics are used to denote actual language from the Court’s Judgment Case #16CA0393)

On February 23, 2017 Judges Graham Taubman and J.J. Navarro found in favor of Arapahoe County on the timing of Aurora’s urban renewal tax increment financing (TIF). The Urban Renewal Law (URL):

“authorizes the use of tax increment financing (TIF) to fund renewal projects. TIF uses recently assessed property values in an urban renewal area to establish a base tax value. § 31-25-107(9)(a), C.R.S. 2014. As property values increase above the base value, increased tax revenues are allocated to the financing of the renewal project.”

At issue was whether or not all four of the TIF provisions in the Fitzsimmons Urban Renewal Plan had started.

“The parties disagree as to the meaning of “the effective date of adoption of such a provision” with provision referring to TIF. Aurora argues that the “effective date of adoption of such a provision” is different from the “effective date of the approval of such urban renewal plan,” and allows a city to delay the “effective date of adoption of such a provision” by writing a delay into the urban renewal plan.

The Assessor argues that the “effective date of adoption of such a provision” is synonymous with the “effective date of the approval of such urban renewal plan,” and that a city cannot delay the “effective date of adoption of such a provision” by writing a delay into the urban renewal plan.”

This decision has implications to Littleton’s Urban Renewal Plans, which we hope the LIFT board will take notice. The citizens of Arapahoe County should be very grateful that we have such a talented group serving the County in our Assessor’s office and the office of the District Attorney. They are looking out for us.

To read the entire Court ruling please follow click here.

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