Title 45, Title 45 and Cities

A housing authority may function upon a finding or determination by the governing body (which finding or determination is in lieu of any finding or determination required by the Housing Authorities Law, chapters 25 — 27 of this title, and is conclusive in any suit, action, or pro…

Chapters 31 — 33 of this title shall be known and may be cited as the “Redevelopment Act of 1956”.

The agency of any community shall not transact any business or exercise any powers under chapters 31 — 33 of this title unless and until the legislative body of the community shall, by resolution declare at any time, that there is a need for a redevelopment agency to function in …

In any suit, action, or proceeding involving the validity or enforcement of, or relating to any contract by or on behalf of an agency, the agency is conclusively deemed to be become established and authorized to transact business and exercise its powers upon proof of the adoption…

When the legislative body of a community first adopts a resolution as provided for in § 45-31-10, the mayor or the president of the town council shall appoint five (5) resident electors of the community as members of the agency subject to the approval of the legislative body; pro…

The members who are first appointed shall be designated to serve for terms of one, two (2), three (3), four (4), and five (5) years respectively. If a legislative body adopts a resolution increasing the number of agency members from five (5) to seven (7) resident electors as prov…

The agency shall elect a chairperson and vice chairperson from among its members. The agency shall elect or appoint a secretary who need not be a member of the agency. The term of office of the chairperson, vice chairperson, and secretary, unless otherwise prescribed by the legis…

For inefficiency, neglect of duty, or misconduct in office, a member of an agency may be suspended by the appointing authority. A member of an agency may be removed by the legislative body only after he or she has been given a copy of the charges against him, or her which copy sh…

Any redevelopment agency created pursuant to prior law shall be and constitutes the redevelopment agency for the community within the meaning of chapters 31 — 33 of this title, and has all of the rights, powers, duties, and exemptions provided for a redevelopment agency under cha…

All ordinances, resolutions, official acts, and determinations, and all other actions and proceedings taken or purporting to have been taken before April 2, 1956, under and pursuant to chapter 1802 of the Public Laws of 1946, as amended, and chapter 2574 of the Public Laws of 195…

Each agency shall appoint, in writing, some competent person or persons resident in this state as its resident attorney or attorneys with authority to accept service of process against that agency in this state, and upon any of whom all process against the agency in this state ma…

No officer or employee of the community or of the agency who in the course of his or her duties is required to participate in the formulation of plans or policies for the redevelopment of a project area, or to approve those plans or policies, shall acquire any interest in any pro…

It is found and declared that there exist in many communities in this state blighted and substandard areas, as defined in § 45-31-8, which constitute community liabilities requiring redevelopment in the interest of the health, safety, morals, and general welfare of the communitie…

When the agency created for any community becomes authorized to transact business and exercise its powers, the legislative body of the community may at that time, and from time to time thereafter, make an estimate of the amount of money required for the administrative purposes of…

Each agency transacting any business and exercising any powers shall annually submit to the legislative body of the community a proposed budget of its administrative expenses. The budget is subject to changes as the legislative body may prescribe, and its preparation and adoption…

Each agency transacting any business and exercising any powers shall file with the legislative body a detailed report of all its transactions, including a statement of all revenues and expenditures, at monthly, quarterly, or annual intervals as the legislative body may prescribe.

All real property of an agency is exempt from levy and sale by virtue of an execution, except as provided by §§ 45-32-24 — 45-32-39 and §§ 45-33-5 — 45-33-15 and no execution or other judicial process shall issue against the real property of the agency, nor any judgment against a…

At any time after two (2) years after adopting a resolution declaring that there is need for an agency to function in a community, the legislative body of the community, if the agency has not redeveloped or acquired land for, or commenced the redevelopment of a project or entered…

If any provision of chapters 31 — 33 of this title, or the application of that provision to any person or circumstance, is held invalid, the remainder of the chapters, or the application of that provision to other persons or circumstances, shall not be affected.

Every redevelopment agency created pursuant to § 45-31-9 has the power to make relocation payments to transients or eligible individuals, families, and business concerns for moving expenses and losses of property resulting from their displacement by any redevelopment project unde…

Upon presentation of evidence satisfactory to the agency of the fact of relocation, there may be paid to each individual, transient, or family, a sum of money in accordance with a schedule of payments adopted by the agency based upon the number of occupied rooms. In the case of b…

Notwithstanding the provisions of §§ 45-31-26 and 45-31-27, every redevelopment agency created pursuant to § 45-31-9, as amended, has the power to make relocation payments under federally assisted programs undertaken by those agencies pursuant to the terms of title I of the Housi…

It is further found: (1) That the existence of blighted and substandard areas constitutes a serious and growing menace which is injurious and inimical to the public health, safety, morals, and welfare of the people of the communities in which they exist and of the people of the s…

It is further found and declared: (1) That it is impossible for private enterprise alone to remedy these conditions of blight without the additional aids granted by this chapter; (2) That these blighted and substandard conditions tend to further obsolescence, deterioration, and d…

It is further found and declared that in certain blighted and substandard areas, or portions of these areas, the physical conditions of the area and the area’s relationship to the general plan for the community may be that the total public acquisition, clearance, and disposition …

It is declared to be the policy of this state to protect and promote the health, safety, morals, and general welfare of the people of the state, and particularly of the people of the communities of the state in which blighted and substandard areas exist, by the elimination and pr…

It is declared that the purposes of chapters 31 — 33 of this title are the elimination and prevention of blighted and substandard areas and their replacement through redevelopment by well-planned, integrated, stable, safe, and healthful neighborhoods in the manner and by the mean…

The following definitions and general provisions govern the construction of chapters 31 — 33 of this title: (1) “Agency” means a redevelopment agency created by this chapter. (2) “Arrested blighted area” means any area that, by reason of the existence of physical conditions, incl…

(a) There is created in each community a redevelopment agency to be known as the redevelopment agency of the community. (b) Redevelopment agencies may also be created by public law for the purposes of exercising the powers set forth in chapters 31-33 of this title, provided an or…

A community must comply with the requirements of §§ 45-32-2 — 45-32-3 before proceeding further under chapters 31 — 33 of this title.

In order to effectuate a redevelopment plan, the agency may petition the legislative body for a revision, amendment, or modification of zoning ordinances affecting the area covered by the redevelopment plan, concurrently with the submission of the redevelopment plan by the agency…

Upon submission to the legislative body of a redevelopment plan, the legislative body or its committee to which the plan has been referred, shall set a time and fix a place for a public hearing on the adoption of the plan. The time of hearing shall not be more than sixty (60) day…

At the hearing the legislative body, or its committee to which the plan has been referred, shall consider the plan, any report of the planning commission, and any recommendations the agency may make, and take any other evidence and testimony that may be presented concerning the m…

If the legislative body determines that the redevelopment plan is feasible and conforms to the general plan for the community, and that if carried out would promote the public health, safety, morals, and welfare of the community, and would effectuate the purposes of chapters 31 —…

If the plan provides for the expenditure of any money by the community, the legislative body shall provide for the expenditure at the time or in connection with the approval of the plan; provided, that nothing contained in this chapter enlarges the power of a town council to make…

If the plan provides for the opening, closing, widening, or changing the grade of existing streets or alleys or any other modification of the existing street layout in the project area, the legislative body shall declare its intention to institute these proceedings at the time or…

If the plan provides for the condemnation of any real property, the legislative body shall not adopt the plan unless it contains adequate provisions for payment for property so acquired as provided by law.

If the plan provides for financial aid from the federal government, that provision of the plan shall not be approved by the legislative body unless it finds that the financial aid from the federal government provided for in the plan is necessary to enable the land in the project …

No plan shall be approved unless it provides for the retention of controls and the establishment of any restrictions or covenants which may run with the real property sold, leased, or otherwise disposed of for private or public use for those periods of time and under conditions t…

Notwithstanding the provisions of any other statute to the contrary, the legislative body has power by ordinance to revise, amend, and modify zoning ordinances affecting the area covered in a redevelopment plan in accordance with § 45-32-10.

The community must have a planning commission.

The adoption of a redevelopment plan by a legislative body shall be by ordinance. The ordinance shall: (1) Designate the project by area, name, and number. (2) Include findings that the project area is blighted and substandard and requires clearance, replanning, redevelopment, re…

After enactment of the ordinance described in § 45-32-20, the responsibility for carrying out the plan is vested in the agency.

Upon the adoption of the redevelopment plan, further proceedings with reference to the redevelopment of the project area may be commenced immediately by the agency. Actions to contest the validity of the proceedings prescribed by §§ 45-32-11 — 45-32-21 must commence within thirty…

Upon the recommendation of the agency, a redevelopment plan may be modified at any time by the legislative body or by the legislative body at its own discretion. The legislative body may, at its discretion, hold a public hearing on the proposed modification provided, that, if the…

Notwithstanding the provisions of any other law, each agency has the right to acquire all or any part of the real property or any estate or interest in it within a project area, by the exercise of the power of eminent domain, whenever it is judged by the agency that the acquisiti…