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The
"but for" test is a required statutory finding that each governing
body must make for each redevelopment plan. Simply stated, the governing
body must find that the redevelopment area has not been subject to
growth and development through private investment and is not reasonably
anticipated to be developed "but for" the adoption of tax increment
financing. In order to make this finding, there must be detailed evidence
of the factors that supports the finding and a signed affidavit of
the developer attesting to the conditions supporting this finding. |