Chapter 53 — Urban

PART I. URBAN REDEVELOPMENT ACT §53-1 Definitions. The following terms wherever used or referred to in part I, part II and, unless specifically indicated otherwise therein, part III of this chapter have the following respective meanings, unless a different meaning clearly appears…

§53-10 Appraisal of lands of agency. At any time after the approval of the redevelopment plan and before disposing of any of its lands or properties, the redevelopment agency shall appoint one or more, but not more than three competent persons to make independent appraisals of th…

§53-11 Government instrumentalities to cooperate with agency. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of redevelopment projects located within the area in which it is authorized to act, any instrumentality of the governme…

§53-12 Sale and lease of acquired lands; preference. The redevelopment agency shall sell or lease real property acquired by it for a redevelopment project at its fair value for use in accordance with the redevelopment plan notwithstanding the value may be less than the cost of ac…

§53-13 New constructions by agency. The redevelopment agency may not erect new structures upon any of its property (except structures to be held and used by the government for public purposes), but, if it will promote the realization of the redevelopment plan, it may grade, drain…

§53-14 Agency exempt from real property taxes. The redevelopment agency shall be exempt from real property taxes upon any of its land or buildings so long as title is held by it, but not exceeding two years from the date of their acquisition; provided that the tax exemption shall…

§53-15 Financial assistance of agency and office of urban renewal coordinator; redevelopment fund. The redevelopment agency may borrow and apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal, state, or county go…

§53-16 Bonds of agency. (a) A redevelopment agency may issue bonds from time to time in its discretion for any of its corporate purposes including the payment of principal and interest upon any advances for surveys and plans for redevelopment projects. An agency may also issue re…

§53-17 Bonds of agency to be legal investments. Bonds issued by a redevelopment agency in connection with one or more redevelopment plans or redevelopment projects pursuant to this part shall be legal investments and security for public deposits to the same extent and for the sam…

§53-18 Investment of funds. A redevelopment agency may invest any of its funds not required for immediate disbursement in securities which constitute legal investments under state laws relating to investment of trust funds by trust companies, including those authorized by article…

§53-19 Report. Each redevelopment agency shall make an annual report of its receipts, expenditures, and activities, and of its proposed program and estimated cost thereof for the ensuing year to the council of its county, before August 1 as of the end of the preceding fiscal year…

§53-2 Redevelopment agency; creation. (a) The council of a county by resolution may create a local redevelopment agency for the county, which shall be a county agency and a public body, corporate and politic, and shall consist of five members, appointed by the mayor, with the app…

§53-20 Auxiliary redevelopment area. Where a redevelopment agency finds: then, subject to the conditions hereinafter stated, the acquisition, planning, preparation for development, or disposal of such auxiliary redevelopment area shall constitute a redevelopment project which may…

§53-21 Auxiliary redevelopment area; displaced persons. Where the redevelopment agency of a county finds: then the planning, acquisition, preparation for development or disposal of the auxiliary redevelopment area shall constitute a redevelopment project which may be undertaken b…

§53-22 Governmental advances, donations, and other appropriations. (a) The governor shall submit to the legislature at each regular session in an odd-numbered year, estimates of the amount reasonably required in the governor's judgment for administrative expenses and overhead of …

§53-24 Consent of agency to incorporation of redevelopment corporations. If any articles of association of a redevelopment corporation are presented to the state director of commerce and consumer affairs, the director shall not file the articles unless a certificate of the consen…

§53-25 Application of other corporation laws. All provisions of the general corporation laws, not inapplicable and not inconsistent with the provisions of this part shall apply to redevelopment corporations. If any action with respect to which the holders of income debentures sha…

§53-26 Powers of redevelopment corporations. Each redevelopment corporation shall have and may exercise such of the powers conferred by the general corporation laws as are necessary in conducting the business of a redevelopment corporation and consistent with this part. [L 1949, …

§53-27 Limited return on investment. Subject to section 53-36, there shall be paid annually out of the earnings of the redevelopment corporation, after providing for all expenses, taxes, assessments, and depreciation in improvements, or, in the case of a lease, for amortization, …

§53-28 Consideration for issuance of stocks and bonds. No redevelopment corporation shall issue stock, bonds, or income debenture certificates except for money or property actually received for the use and lawful purposes of the redevelopment corporation. No stock, bonds, or inco…

§53-29 Minimum amount of stock and debentures. Except as provided in this section the stock and income debenture certificates issued by the redevelopment corporation shall in no event be less than the total of ten per cent of the total actual final cost, as defined in [paragraph]…

§53-3 Interest in project prohibited; disclosure of interest. No member or employee of the redevelopment agency shall acquire any interest, direct or indirect, in any redevelopment project or in any property included or planned to be included in any such project, nor shall the me…

§53-30 Income debentures. With the approval of the redevelopment agency, the articles of association, or amended articles, may authorize the issuance of income debenture certificates bearing no greater interest than six per cent a year. The income debenture certificates and any i…

§53-31 Mortgages and mortgage bonds. Any redevelopment corporation, subject to the approval of the redevelopment agency, may borrow funds and secure the repayment thereof by bond and mortgage or by an issue of bonds under a trust indenture. Each mortgage or issue of bonds of a re…

§53-32 Limitations. In addition to limitations prescribed by this part a redevelopment corporation shall not have power to:

§53-33 Advances by redevelopment corporation. A redevelopment agency may enter into a contract with a redevelopment corporation at any time after approval of a redevelopment plan whereby the corporation will pay or agree to pay an agreed sum or sums, or such sums as may be necess…

§53-34 Regulation of redevelopment corporations. The redevelopment agency shall examine each redevelopment corporation and keep informed as to its general condition, its capitalization, and the manner in which its property is constructed, leased, operated, or managed with respect…

§53-35 Transfer of title or foreclosure of project. Until the expiration of thirty-five years from the date of acquisition of property of or in a redevelopment project by a redevelopment corporation, it shall not have power to sell the property or any interest therein without the…

§53-36 Dissolution. (a) After termination of any tax exemption granted pursuant to section 53-38, whether by expiration or by any other cause, or if prior thereto the redevelopment corporation elects to pay to the county the total of (1) all accrued taxes for which the exemption …

§53-37 Participation by certain corporations. One or more insurance companies may organize, or cause to be organized, a redevelopment corporation formed pursuant to the provisions of this part, and purchase for cash or receive and hold in exchange for property, and own and contro…

§53-38 Tax exemption. Where and so long as the major portion of a redevelopment project of a redevelopment corporation is composed of residential units and the rents for the residential units are reasonable as compared with prevailing rental levels for comparable accommodations, …

§53-39 No limitation of provisions by implication. No provision in this part applicable specially or only to a redevelopment corporation shall be construed to limit by implication the applicability of this part or any other provision thereof to any other person or corporation. [L…

§53-4 Removal of members. Any member of a redevelopment agency may be removed for any inefficiency, neglect of duty, or misconduct in office by the mayor with the approval of the council. [L 1949, c 379, pt of §4; am L 1955, c 271, pt of §1(e); RL 1955, §143-5; am L 1957, c 64, §…

§53-5 Powers and duties of agency. The powers and duties of the redevelopment agency shall be as follows:

PART II. URBAN RENEWAL §53-51 Urban renewal projects. In addition to its authority under any other section of this chapter, a redevelopment agency may plan and undertake urban renewal projects within urban areas. As used in this chapter, an urban renewal project may include under…

§53-52 Urban renewal plan. Any urban renewal project undertaken pursuant to section 53-51 shall be undertaken in accordance with an urban renewal plan for the area of the project. As used in this chapter, an "urban renewal plan" means a plan, as it exists from time to time, for a…

§53-53 Powers with respect to urban renewal. A redevelopment agency shall have all the powers necessary or convenient to undertake and carry out all urban renewal plans and urban renewal projects, including the authority to acquire and dispose of property, to issue bonds and othe…

§53-54 Assistance to urban renewal by counties and other public bodies. Any county or other public body may (without limiting any provision in section 53-53) do any and all things necessary to aid and cooperate in the planning and undertaking of an urban renewal project in the ar…

§53-55 Urban redevelopment coordinator, office created. In any county which shall, by resolution adopted in the manner required by law for an ordinance, announce its intention to devise and adopt a "workable program" for urban renewal, pursuant to this chapter, the county may by …

§53-56 Workable program, definition. "Workable program" means a program (including an official plan of action, as it exists from time to time for effectively dealing with the problem of urban slums and other blighted, deteriorated, or deteriorating areas within the community and …

§53-57 Coordinator, appointment, term, removal. The urban renewal coordinator, hereinafter called the "coordinator" shall be appointed by the mayor of the county, with the approval of the council for a term of four years, at a salary fixed by ordinance but not less than the lowes…

§53-58 Coordinator, qualifications. In order to be qualified for appointment as coordinator, the appointee:

§53-59 Coordinator, duties and powers. The coordinator shall among other things: Notwithstanding any other provision of law to the contrary, the council may grant to the coordinator duties and powers concurrent with those of other county departments, boards, commissions, agencies…

§53-6 Initiation and approval of redevelopment plan. (a) Before adopting a redevelopment plan, the redevelopment agency shall be assured that satisfactory housing facilities are available or that reasonable provisions will be made for the temporary housing of individuals and fami…

§53-60 Ordinance relating to repair, closing, and demolition of dwellings unfit for human habitation. (a) Whenever any county finds that there exists in urban areas in the county dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of…

§53-61 REPEALED. L 1968, c 56, §4.

§53-7 Urban renewal projects in disaster areas. Notwithstanding any other provisions of this chapter, where the council of a county certifies that an area within the county is in need of renewal, redevelopment, or rehabilitation as a result of a seismic wave, flood, fire, hurrica…

§53-8 Acquisition of lands in redevelopment project. After the redevelopment plan is officially approved by the council, or after the thirty-day period has expired or, after the final dismissal or determination of any action, suit or proceeding, if filed (unless the determination…

§53-84 Incurring of indebtedness by the county. For the purpose of carrying out its powers, duties, and functions under this part, including for the payment of principal and interest upon any advances for moneys and plans for redevelopment projects, the county may:

§53-9 Work on acquired areas; competitive contracts. The redevelopment agency may, by letting of contracts therefor, or by using its own employees, clear the acquired areas and maintain and repair or rehabilitate, but not reconstruct or enlarge, any structure (except structures t…