(1) An authority has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article 31, including the power to:
(a) Sue and to be sued;
(b) Adopt and alter a seal;
(c) Have perpetual succession;
(d) Make, and from time to time amend and repeal, bylaws, orders, rules, and regulations to effectuate the provisions of this article 31;
(e) Undertake county revitalization projects;
(f) Make and execute any and all contracts and other instruments which it may deem necessary or convenient to the exercise of its powers under this article 31, including contracts for advances, loans, grants, and contributions from the federal government or any other source;
(g) Arrange for the furnishing or repair by any person or public body of services, privileges, works, streets, roads, public utilities, or educational or other facilities for or in connection with a project of the authority;
(h) Dedicate property acquired or held by the authority for public works, improvements, facilities, utilities, and other purposes;
(i) Agree, in connection with any of the authority's contracts, to any conditions that the authority deems reasonable and appropriate under this article 31, including conditions attached to federal financial assistance, and to include in any contract made or let in connection with any project of the authority provisions to fulfill such conditions as it may deem reasonable and appropriate;
(j) Arrange with the county or other relevant public body to plan, replan, zone, or rezone any part of the area of the county or other public body in connection with any project proposed or being undertaken by the authority under this article 31;
(k) Enter, with the consent of the owner, any building or property in order to make surveys or appraisals and to obtain an order for this purpose from a court of competent jurisdiction if entry is denied or resisted;
(l) Acquire any property by purchase, lease, option, gift, grant, bequest, devise, or otherwise to acquire any interest in property by condemnation, including a fee simple absolute title, in the manner provided by the laws of the state for the exercise of the power of eminent domain by any other public body. Property already devoted to a public use may be acquired in a like manner; except that no property belonging to the federal government or to a public body may be acquired without its consent. Any acquisition of any interest in property by condemnation by an authority must be approved as part of the county revitalization plan or the substantial modification of the county revitalization plan, as provided in section 30-31-109, must be approved by a majority vote of the governing body in which the property is located, and must satisfy the requirements of section 30-31-106.
(m) Hold, improve, clear, or prepare for redevelopment any property acquired by condemnation by an authority;
(n) Mortgage, pledge, hypothecate, or otherwise encumber or dispose of its property;
(o) Insure any property or operations of the authority against any risks or hazards; except that no provision of any other law with respect to the planning or undertaking of projects or the acquisition, clearance, or disposition of property by public bodies may restrict an authority from exercising powers under this article 31 with respect to a project of the authority unless the general assembly so states;
(p) (I) Invest any of the authority's money not required for immediate disbursement in property or in securities in which public bodies may legally invest money subject to their control pursuant to part 6 of article 75 of title 24, and to redeem such bonds as the authority has issued at the redemption price established therein or to purchase such bonds at less than redemption price. All such bonds issued by and then redeemed or purchased by an authority are canceled.
(II) Deposit any money not required for immediate disbursement in any depository authorized in section 24-75-603. For the purpose of making such deposits, the authority may appoint, by written resolution, one or more persons to act as custodians of the money of the authority. Such persons shall give surety bonds in such amounts and form and for such purposes as the authority requires.
(III) Borrow money and apply for and accept advances, loans, grants, and contributions from the federal government or any other source for any of the purposes of this article 31 and to give such security as the federal government or other lender may require;
(IV) Make appropriations and expenditures of its funds; and
(V) Set up, establish, and maintain general, separate, or special funds and bank accounts or other accounts as it deems necessary to carry out the purposes of this article 31;
(q) Make and submit, or resubmit to the governing body for appropriate action, the authority's proposed plans and modifications to those plans as necessary for the carrying out of the purposes of this article 31. Such plans must include:
(I) A roadmap to assist the county in its preparation of a workable program for utilizing appropriate private and public resources to take advantage of revitalization areas, to encourage needed county revitalization, to provide for the redevelopment of revitalization areas, or to undertake such activities as may be suitably employed to achieve the objectives of such a workable program, which may include provisions for:
(A) The rehabilitation or conservation of revitalization areas or portions of those areas by replanning, removing congestion, providing public improvements, and encouraging the rehabilitation and repair of deteriorated or deteriorating structures; and
(B) The clearance and redevelopment of revitalization areas or portions of those areas;
(II) County revitalization plans;
(III) Plans for the relocation of those individuals, families, and business concerns situated in the county revitalization area which will be displaced by the county revitalization project. These relocation plans may include data setting forth a feasible method for the temporary relocation of such individuals, families, and business concerns and showing that there will be provided, in the county revitalization area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of such individuals, families, and business concerns, decent, safe, and sanitary dwellings and commercial spaces equal in number to and available to such individuals, families, and business concerns and reasonably accessible to their places of employment or business.
(IV) Plans for undertaking a program of voluntary repair and rehabilitation of buildings and improvements;
(V) Plans for the enforcement of state and local laws, codes, and regulations relating to:
(A) The use of land;
(B) The use and occupancy of buildings;
(C) Building improvements; and
(D) The repair, rehabilitation, demolition, or removal of buildings and improvements; and
(VI) Financing plans, maps, plats, appraisals, title searches, surveys, studies, and other preliminary plans and work pertinent to any proposed plans or modifications;
(r) Make reasonable relocation payments to or with respect to individuals, families, and business concerns situated in the county revitalization area that will be displaced as provided in subsection (1)(q)(III) of this section for moving expenses and actual direct losses of property including, for business concerns, goodwill and lost profits that are reasonably related to relocation of the business, resulting from their displacement for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government;
(s) Develop, test, and report methods and techniques for taking advantage of the revitalization areas within the county and carry out demonstrations and other activities for taking advantage of the revitalization areas; and
(t) Rent or provide by other means, including accepting the use of suitable quarters furnished by the relevant county or any other public body, suitable quarters for the use of the authority and equip such quarters with furniture, furnishings, equipment, records, and supplies as the authority deems necessary to enable it to exercise its powers under this article 31.
(2) No authority has power to levy or assess ad valorem taxes, personal property taxes, or any other form of taxes including special assessments against any property.
(3) No municipality is required to provide services within the boundaries of the county revitalization area or to provide or expand infrastructure or facilities to serve a county revitalization project; except that the authority or county and a municipality may enter into an intergovernmental agreement regarding the provision of services within the boundaries of the county revitalization area or to provide or expand infrastructure or facilities to service a county revitalization project.
(4) Nothing in this article 31 shall be construed to affect the authority of a municipality to regulate and plan for the use of land or affect any agreement between a municipality and a landowner or public body relating to the use or development of land.
Source: L. 2024: Entire article added, (HB 24-1172), ch. 387, p. 2646, � 1, effective August 7.
30-31-106. Acquisition of private property by eminent domain by authority for subsequent transfer to private party - restrictions - exceptions - right of civil action - damages - definitions. (1) (a) Except as provided in this subsection (1) or subsection (2) of this section, private property acquired by eminent domain by an authority pursuant to section 30-31-105 (1)(l) shall not later be transferred to a private party unless:
(I) The owner of the property consents in writing to acquisition of the property by eminent domain by the authority;
(II) The authority determines that the property is no longer necessary for the purpose for which the authority originally acquired the property, and the authority first offers to sell the property to the owner from which the authority acquired the property, if the owner can be located, at a price not more than that paid by the authority, and the owner of the property declines the authority's offer;
(III) The property acquired by the authority is abandoned; or
(IV) The owner of the property requests or pleads in an eminent domain action that the authority acquiring the property also acquire property that is not essential to the purpose of the authority's acquisition on the basis that acquiring less property would leave the owner of the property holding an uneconomic remnant.
(b) Notwithstanding any other provision of this section, a transfer that satisfies the requirements of this subsection (1) is not subject to the provisions of subsection (2), (3), or (4) of this section.
(2) (a) If a proposed transfer of private property acquired by an authority by eminent domain does not satisfy one of the requirements specified in subsection (1)(a) of this section, such property may later be transferred to a private party only after the following conditions are satisfied:
(I) The governing body makes a determination that the property is located in a revitalization area and that the county revitalization project for which the property was being acquired will commence no later than seven years from the date the governing body made the revitalization area determination. For purposes of this subsection (2)(a)(I), the governing body's determination of whether a particular area or property is a revitalization area must be based upon information that is reasonably current when the governing body makes the determination.
(II) Not later than the commencement of the negotiation of an agreement for the redevelopment or rehabilitation of property acquired or to be acquired by eminent domain, the authority provides notice and invites proposals for redevelopment or rehabilitation from all property owners, residents, and owners of business concerns located on the property acquired or to be acquired by eminent domain in the county revitalization area by mailing notice to their last known address of record. The authority may, at the same time, invite proposals for redevelopment or rehabilitation from owners of business concerns, other interested persons who may not be property owners, or residents within the county revitalization area and may provide public notice thereof by publication in a newspaper having a general circulation within the county in which the authority has been established.
(III) In the case of a set of parcels to be acquired by the authority in connection with the county revitalization project, at least one of which parcels is owned by an owner refusing or rejecting an agreement for the acquisition of the entire set of parcels, the authority makes a determination that the redevelopment or rehabilitation of the remaining parcels is not viable under the county revitalization plan without the parcel at issue.
(b) (I) Any owner of property located within the county revitalization area may challenge the determination of a revitalization area made by the governing body pursuant to subsection (2)(a)(I) of this section by filing, not later than thirty days after the determination, a civil action in district court pursuant to C.R.C.P. 106 (a)(4) for judicial review of the exercise of discretion on the part of the governing body in making the determination. Any such action must be governed in accordance with the procedures and other requirements specified in C.R.C.P. 106 (a)(4); except that the governing body has the burden of proving that, in making its revitalization area determination, it neither exceeded its jurisdiction nor abused its discretion.
(II) If the owner is the prevailing party on a challenge brought pursuant to this subsection (2)(b), an authority seeking to acquire property by eminent domain in accordance with the requirements of this subsection (2) shall reimburse the owner of the property for reasonable attorney fees incurred by the owner in connection with the acquisition.
(c) Notwithstanding any other provision of law, any determination made by the governing body pursuant to subsection (2)(a) of this section is a legislative determination and not a quasi-judicial determination.
(d) Notwithstanding any other provision of this article 31, an authority's eminent domain authority shall not exceed that of the county where the authority is located.
(3) (a) (I) Any authority that exercises the power of eminent domain to transfer acquired property to another private party as authorized in accordance with the requirements of this section shall adopt relocation assistance and land acquisition policies to benefit displaced persons that are consistent with those set forth in article 56 of title 24 to the extent applicable to the facts of each specific property and at the time of the relocation of the owner or the occupant. An authority shall provide compensation or other forms of assistance to any displaced person in accordance with the adopted policies.
(II) In the case of a business concern displaced by the acquisition of property by eminent domain, the authority shall make a business interruption payment to the business concern not to exceed the lesser of ten thousand dollars or one-fourth of the average annual taxable income shown on the three most recent federal income tax returns of the business concern.
(b) In any case where the acquisition of property by eminent domain by an authority displaces individuals, families, or business concerns, the authority shall make reasonable efforts to relocate those individuals, families, or business concerns within the county revitalization area. This relocation must be consistent with the uses provided in the county revitalization plan or in areas within reasonable proximity to, or comparable to, the original location of such individuals, families, or business concerns.
(4) As used in this section, unless the context otherwise requires, private property or property means, as applied to real property, only a fee ownership interest.
Source: L. 2024: Entire article added, (HB 24-1172), ch. 387, p. 2650, � 1, effective August 7.
30-31-107. Condemnation actions by authorities - effect of other provisions. Notwithstanding any other provision of law, any condemnation action commenced by an authority must satisfy the requirements of section 38-1-101. To the extent that there is any conflict between this article 31 and section 38-1-101, section 38-1-101 controls.
Source: L. 2024: Entire article added, (HB 24-1172), ch. 387, p. 2652, � 1, effective August 7.