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2006 SESSION
065304520Be it enacted by the General Assembly of Virginia:
1. That §§ 36-2, 36-3, 36-4, 36-4.1, 36-19, 36-27, 36-48, 36-48.1, 36-49, 36-49.1, 36-49.1:1, 36-50 through 36-52.1, 36-52.3, 36-53, and 58.1-3245.1 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding a section numbered 36-9.1, as follows:
§ 36-2. Findings and declaration of necessity.
A. It is hereby found and declared that:
1. Blighted areas exist in the Commonwealth, and these areas endanger the health, safety, morals, and welfare of the citizens of the Commonwealth;
(1) It is hereby declared
that the clearance, replanning and reconstruction of the areas in which
insanitary or unsafe housing conditions exist and the providing of safe and
sanitary dwelling accommodations for persons of low income 2. The
elimination of blight and redevelopment of blighted areas through the
designation of redevelopment areas and the adoption and implementation of
redevelopment plans for such areas; the prevention of further deterioration and
blight through the designation of conservation areas and the adoption and
implementation of conservation plans for such areas; and the designation of
individual properties as blighted under the “spot blight”
provisions of this chapter
are public uses and purposes for which public money may be spent
and private property acquired by purchase or through the exercise of the power of
eminent domain, and are governmental functions of
grave concern to the Commonwealth.;
3. There are also certain areas where the condition of title, the diverse ownership of the land to be assembled, the street or lot layouts, or other conditions prevent a proper development of the land, and it is in the public interest that such areas, as well as blighted areas, be acquired by purchase or through the exercise of eminent domain and made available for development in accordance with a redevelopment plan within a redevelopment area, or conservation plan within a conservation area, and that the exercise of the power of eminent domain and the financing of acquisition and preparation of the land by an authority for such redevelopment is likewise a public use and purpose;
(4) It is also a public purpose to provide public facilities including, but not limited to, roads, water, sewers, parks, and real estate devoted to open-space use as that term is defined in § 58.1-3230 within redevelopment and conservation areas to encourage private development in such areas; and
(5) It is a public purpose to promote the availability of affordable housing for all citizens of the Commonwealth and in particular to provide safe, decent, and sanitary housing for those citizens with low or moderate incomes. To that end, (i) the clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low or moderate income and (ii) the sale or lease of land and the acquisition, construction, rehabilitation, and operation of residential housing units for persons of low and moderate incomes are necessary for the public welfare and are public uses and public purposes for which public money may be spent, and private property acquired by purchase or through the exercise of the power of eminent domain are governmental functions of grave concern to the Commonwealth.
(2)B. The
necessity in and the
public interest purpose
for the provisions hereinafter enacted isare
hereby declared as a matter of legislative determination.
§ 36-3. Definitions.
The following terms, when used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:
"Area of operation" means an area that (i) in the case of a housing authority of a city, shall be coextensive with the territorial boundaries of the city; (ii) in the case of a housing authority of a county, shall include all of the county except that portion which lies within the territorial boundaries of any city, as herein defined.
(a) "Authority" or
"housing authority" shall mean means any
of the political subdivisions created by § 36-4.
"Blighted area" means any area that endangers the public health, safety, morals, or welfare; or any area that is detrimental to the public health, safety, morals, or welfare because commercial, industrial, or residential structures or improvements are dilapidated, obsolete, or deteriorated or because such structures or improvements lack adequate ventilation, have inadequate public utilities, deleterious land use or obsolete layout, or violate minimum health and safety standards, or any combinations of these factors. This definition includes, without limitation, areas previously designated as blighted areas pursuant to the provisions of Chapter 1 of Title 36.
"Blighted property" means any individual commercial, industrial, or residential structure or improvement that endangers the public’s health, safety, morals, or welfare because the structure improvement upon the property is dilapidated, deteriorated, obsolete, lacks adequate ventilation, lacks adequate public utilities, or violates minimum health and safety standards, or any structure or improvement previously designated as blighted pursuant to § 36-49.1:1, under the process for determination of “spot blight.”
"Bonds" means any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this chapter.
(b) "City" shall
mean any city or town in the Commonwealth. "County"
shall mean any county in the Commonwealth. "The city" shall mean the
particular city or town for which a particular housing authority is created.
"The county" shall mean the particular county for which a particular
housing authority is created means the
same as that term is defined in § 15.2-102.
(c) "Public body of the Commonwealth"
shall mean any city, town, county, municipal corporation, commission, district,
authority, other subdivision or public body of this Commonwealth.
(d) "Governing body" shall mean, in the
case of a city, the council (including both branches where there are two), and
in the case of a county, the board of supervisors or other governing body.
(e) "Clerk" shall
mean means the clerk or secretary of the
city or the clerk of the county, as the case may be, or the officer charged
with the duties customarily imposed on such clerk.
“Conservation area” means an area, designated by an authority, that is in a state of deterioration and in the early stages of becoming a blighted area, as defined in this section, or any area previously designated as a conservation area pursuant to this chapter.
"County" means the same as that term is defined in § 15.2-102.
(f) "Area of operation": (1) in the case
of a housing authority of a city, shall be coextensive with the territorial
boundaries of the city; (2) in the case of a housing authority of a county,
shall include all of the county except that portion which lies within the
territorial boundaries of any city, as herein defined.
"Farmers of low income" means persons of low income who derive their principal income from operating or working on a farm.
“Farm Structure” means the same as that term is defined in § 36-97.
(g) "Federal government" shall
include means the United States of America,
the United States Department of Housing Authority and
Urban Development, or any other agency or instrumentality,
corporate or otherwise, of the United States of America.
"Governing body" means, in the case of a city, the council (including both branches where there are two), and in the case of a county, the board of supervisors or other governing body.
(h) "Slum" shall mean any area where
dwellings predominate which, by reason of dilapidation, overcrowding, lack of
ventilation, light or sanitary facilities, or any combination of these factors,
are detrimental to safety, health or morals.
(i) "Housing project," shall
mean means any work or undertaking: (1) (i) to
demolish, clear or remove buildings from any slum area; such work or
undertaking may embrace the adoption of such area to public purposes, including
parks or other recreational or community purposes; or (2)(ii)
to provide decent, safe and sanitary urban or rural dwellings, apartments or
other living accommodations for persons of low and moderate income;
such work or undertaking may include buildings, land, equipment, facilities and
other real or personal property for necessary, convenient or desirable
appurtenances, streets, sewers, water service, parks, site preparation,
gardening, administrative, community, health, recreational, welfare or other
purposes; or (3)(iii) to
accomplish a combination of the foregoing. The term "housing project"
also may be applied to the planning of the buildings and improvements, the
acquisition of property, the demolition of existing structures or
improvements, the construction, reconstruction, alteration and
repair of the improvements and all other work in connection therewith.
"Locality" means the same as that term is defined in § 15.2-102.
"Obligee of the authority" or "obligee" means any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority property used in connection with a project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority.
(j) "Persons of low income" shall
mean means persons or families who lack
the amount of income which is necessary (as determined by the authority undertaking
the housing project) to enable them, without financial
assistance, to live in decent, safe and sanitary dwellings,
without overcrowding.
"Persons of moderate income" means persons or families who lack the amount of income necessary to obtain affordable housing (as determined by the authority).
"Public body of the Commonwealth" means any city, town, county, municipal corporation, commission, district, authority, other subdivision or public body of this Commonwealth.
(k) "Bonds" shall mean any bonds, notes,
interim certificates, debentures, or other obligations issued by an authority
pursuant to this chapter.
(l) "Real property" shall
include means all lands, including
improvements and fixtures thereon, and property of any nature appurtenant
thereto, or used in connection therewith, and every estate, interest and right,
legal or equitable, therein, including terms for years and liens by way of
judgment, mortgage or otherwise and the indebtedness secured by such liens.
“Redevelopment area” means an area (including slum areas), designated by an authority, that is in a state of blight that meets the criteria of a blighted areas as defined in this section; or any area previously designated as a redevelopment area pursuant to this chapter
(m) "Obligee of the authority" or
"obligee" shall include any bondholder, trustee or trustees for any
bondholders, or lessor demising to the authority property used in connection
with a housing project, or any assignee or assignees of such lessor's interest
or any part thereof, and the federal government when it is a party to any
contract with the authority.
"Slum" means any area where dwellings predominate that, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities, or any combination of these factors, detrimental to safety, health, or morals.
"Spot Blight” means a structure or improvement that is a blighted property as defined in this section.
“Spot Blight Abatement Plan” means the written plan prepared by the owner or owners of record of the real property to address spot blight. If the owner or owners of record of the real property fail to respond as provided in § 36-49.1:1, the locality or the authority can prepare a spot blight abatement plan to address the spot blight with respect to an individual commercial, industrial, or residential structure or improvement, but may only implement such plan in accordance with the provisions of § 36-49.1:1.
“Town” means the same as that term is defined in § 15.2-102.
§ 36-4. Creation of redevelopment and housing authorities.
In eachcity and in each countylocality there is hereby created a political
subdivision of the Commonwealth, with such public and corporate powers as are
set forth in this chapter, to be known respectively as the ".................
(insert name of city or county locality) Redevelopment and Housing Authority" (hereinafter
referred to as "authority"); provided, however, that any authority not now activated shall not transact any
business or exercise its powers hereunder until or unless the qualified voters
of such locality shall by a majority vote of such qualified voters voting in a
referendum held as provided in § 36-4.1 have indicated a need for an authority
to function in such locality. or "housing
authority"); provided, however, that any authority not now activated shall
not transact any business or exercise its powers hereunder until or unless the
qualified voters of such city or county as the case may be shall by a majority
vote of such qualified voters voting in an election held as provided in §
36-4.1, have indicated a need for an authority to function in such city or
county. The election to determine whether or not there is such need for an
authority to function (a) may be called by the governing body by resolution or
(b) shall be called by the governing body upon the filing of a petition signed
by 100 freeholders of the city or county, as the case may be, asserting that
there is need for an authority to function in such city or county and
requesting the governing body to call such election.
The governing body may by resolution call for an
election a referendum to determine whether
there is need for an authority in the locality if the
governing body believes it is
appropriate for one of the
reasons set out in § 36-2. city or county, as the
case may be, if it believes (a) that insanitary or unsafe inhabited dwelling
accommodations exist in such city or county or (b) that there is a shortage of
safe or sanitary dwelling accommodations in such city or county available to
persons of low income at rentals they can afford or (c) that there is a
blighted or deteriorated area which needs redeveloping. In determining whether
dwelling accommodations are unsafe or insanitary or whether an area is blighted
or deteriorated the governing body may take into consideration the degree of
overcrowding, the percentage of land coverage, the light, air, space and access
available to the inhabitants of such dwelling accommodations, the size and
arrangement of the rooms, the sanitary facilities, and the extent to which
conditions exist in such buildings which endanger life or property by fire or
other causes.
In any suit, action or proceeding involving the validity or
enforcement of or relating to any contract of the authority, the authority
shall be conclusively deemed to have become established and authorized to
transact business and exercise its powers hereunder if the qualified
voters of the county or city locality
have so indicated in an election a
referendum held pursuant to § 36-4.1, that there is need for the
authority.
§ 36-4.1. Holding of referendum; effect.
(1) A. If an election a referendum
is called for under § 36-4, either by resolution of the governing body or upon
the petition of 100 freeholders as therein provided, the election the
referendum shall be held at the next regularly
scheduled election in the localitynot less than 60 nor
more than 90 days after it is called by the governing body of the county or
city. The question on the ballot in such election shall be:
Is there a need for the redevelopment and housing authority to be activated in the county (or city or town) of ........... ?
The ballots shall be printed, the returns canvassed, and the
results certified as provided in § 24.1-165 §
24.2-684.
(2) B. If a
majority of the qualified voters in such election shall indicate that there is
a need for such authority, then the same shall be empowered to transact
business and exercise the powers conferred by this chapter.
§ 36-9.1. Exemptions from applicability of this chapter; conflicts in provisions of law.
This chapter shall not be applicable to farm structures as defined in § 36-3 unless they are within the purview of the Uniform Statewide Building Code, as provided in § 36-99. Further, the creation of a redevelopment or conservation area, or designation of an individual structure as blighted pursuant to § 36-49.1:1, under the process for determination of spot blight, shall not abrogate the right to farm as protected in § 3.1-22.28. If there is a conflict between the provisions of this chapter and § 3.1-22.29, the provisions of § 3.1-22.29 shall control. If there is a conflict between the provisions of this chapter and § 25.1-106, the provisions of § 25.1-106 shall control. However, nothing herein shall be construed to preclude enforcement of local, state or federal criminal laws with respect to criminal activities occurring on a property where one or more farm structures are located.
§ 36-19. Enumeration of powers.
An authority shall constitute a political subdivision of the Commonwealth with public and corporate powers, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted:
1. To sue and to be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make, amend and repeal bylaws, rules and regulations, not inconsistent with law, to carry into effect the powers and purposes of the authority.
2. Within its area of operation, to prepare, carry out, acquire, lease and operate housing projects and residential buildings, and to provide for the construction, reconstruction, improvement, alteration or repair of any housing project, residential building, or any part thereof, and to construct, remodel or renovate any public building or other facility used for public purposes provided the authority is requested to do so by the governing body of the political subdivision wherein the public building or facility is located.
3. To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with, a housing project or the occupants thereof; and (notwithstanding anything to the contrary contained in this chapter or in any other provision of law) to include in any contract let in connection with a project, any provisions required to comply with any conditions which the federal government may have attached to its financial aid of the project.
4. In connection with any housing project: to lease or rent any dwelling, houses, accommodations, lands, buildings, structures or facilities embraced in any housing project and (subject to the limitations contained in this chapter) to establish and revise the rents or charges therefor; to own, hold, and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest therein; to acquire by the exercise of the power of eminent domain any real property; to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or any interest therein; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards, to procure or agree to the procurement of insurance or guarantees from the federal government of the payment of any bonds or parts thereof issued by an authority, including the power to pay premiums on any such insurance.
5. To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or security in which savings banks may legally invest funds subject to their control; to purchase its bonds at a price not more than the principal amount thereof and accrued interest, all bonds so purchased to be cancelled.
6. Within its area of operation, to investigate into living,
dwelling and housing conditions and into the means and methods of improving
such conditions; to determine where blighted or slum
areas exist or where there is a shortage of decent, safe and sanitary dwelling
accommodations for persons of low income; to make studies and recommendations
relating to the problem of clearing, replanning and reconstructing of blighted
or slum areas, and the problem of providing dwelling
accommodations for persons of low income, and to cooperate with the city,
the county locality, the Commonwealth or any
other political subdivision thereof in action taken in connection with such
problems; and to engage in research, studies and experimentation on the subject
of housing.
7. To make loans or grants for the prevention and elimination
of slum or blighted or slum
areas and for assistance in housing construction or rehabilitation by private
sponsors of any and all funds received through federal programs and any and all
funds received from other sources, public or private, including
but not limited to, rehabilitation loans received pursuant to the provisions of
§ 312 of the Federal Housing Act of 1964, as amended and the Housing and
Community Development Act of 1974.
8. Within its area of operation, to act as agent for a political subdivision or agency of the Commonwealth or for a federal agency in making construction or rehabilitation loans to persons of low or moderate income in accordance with the rules and regulations of the political subdivision or agency.
9. Within its area of operation to make grants, loans
or refinance loans made by others for assistance in planning, development,
acquisition, construction, repair, rehabilitation, equipping or maintenance of
commercial, residential or other buildings; provided that prior approval of any
such loan by the local governing body shall be required if the building is not
located within a housing, redevelopment or conservation area, or
rehabilitation area project, or a
rehabilitation district, and provided further that any
rehabilitation funded by any such loan is in compliance with property
maintenance standards contained in duly adopted redevelopment or conservation
plans in effect in such area of operation.
10. To borrow money and issue evidence of indebtedness in the
name of and for the use of the housing authority, to issue bonds and
other obligations, and give security therefor,
subject to such limitations as may be imposed by law.
11. Acting through one or more commissioners or other
person or persons designated by the authority: to To
conduct examinations and investigations, and to make available to appropriate
agencies (including those charged with the duty of abating or requiring the
correction of nuisances or like conditions, or of demolishing unsafe or insanitary unsanitary structures within its area of operation) its findings
and recommendations with regard to any building or property where conditions
exist which are dangerous to the public health, morals, safety or welfare.
12. With the approval of the local governing body or its designee, to form corporations, partnerships, joint ventures, trusts, or any other legal entity or combination thereof, on its own behalf or with any person or public or private entity.
13. To exercise all or any part or combination of powers herein granted.
No provisions of law with respect to the acquisition, operation or disposition of property by other political subdivisions or public bodies shall be applicable to an authority unless the legislature shall specifically state.
§ 36-27. Eminent domain.
A. An authority shall have the right to acquire by the
exercise of the power of eminent domain any real property which may be
necessary for the public
purposes, of such authority under
this chapter after the adoption by it of a resolution declaring that
the acquisition of the real property described therein is necessary for such public
purposes. An authority may exercise the power of eminent domain in
the manner provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1. The
commissioners before which condemnation proceedings are conducted may hear In condemnation proceedings evidence may be presented as
to the value of the property including but not limited to the owner's appraisal
and the effect that any pending application for a zoning change, special use
permit application or variance application may have on the value of the
property. The court may also determine whether there has been unreasonable
delay in the institution of the proceedings after public announcement by the
condemnor of a project that necessitates acquisition by the condemnor of a
designated land area consisting of or including the land sought to be
condemned. If the court determines that such unreasonable delay has occurred,
it shall instruct the commissioners or jurors in
such proceedings to allow any damages proved to their satisfaction by the
landowner or landowners to have been sustained to his or their land during and
because of such delay, in addition to and separately from the fair market value
thereof, but such damages shall not exceed the actual diminution if any in fair
market value of the land in substantially the same physical condition over the
period of the delay. This provision shall not apply to any such public
announcement made prior to July 1, 1960.
B. Prior to the adoption of any redevelopment plan for a
redevelopment area pursuant to § 36-49 or any conservation plan for a
conservation area pursuant to § 36-49.1, an authority shall send
by certified mail, postage prepaid, to the record owner or
at least one of the owners
of every parcel of property to be acquired pursuant to such plan, at
their last known address as contained in the records of the treasurer, the
current real estate tax assessment records, or
the records of such other officer responsible for collecting taxes in that
locality, a notice advising such owner that
(i) the property owned by such owner is proposed to be acquired, and
(ii) such owner will have the right to appear before
the local governing body and present testimony with respect to the proposed redevelopment
or conservation area, and (iii) such
owner will have the right to appear in any condemnation proceeding instituted
to acquire the property and present any defense which such owner may have to
the taking. Such notice shall not be the basis for eligibility for relocation
benefits. At the time it makes its price offer, the authority shall also
provide to the property owner a copy of the appraisal of the fair market value
of such property upon which the authority has based the amount offered for the
property, which appraisal shall be prepared by a certified general real
estate appraiser licensed in accordance with Chapter 20.1 (§ 54.1-2009 et seq.)
of Title 54.1.
C. In all such cases the proceedings shall be according to the provisions of Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, so far as they can be applied to the same. No real property belonging to the city, the county, the Commonwealth or any other political subdivision thereof may be acquired without its consent.
§ 36-48. Creation of Redevelopment Areas.
A redevelopment area as defined in 36-3 may be
created by an authority as provided in this chapter
and a redevelopment plan may be adopted to address conditions in such
redevelopment area. The redevelopment plan shall (i) outline specific
boundaries for the redevelopment area and designate for acquisition such
properties as are necessary or appropriate for the clearance, re-planning,
rehabilitation, and reconstruction of
the redevelopment area, (ii) be adopted in accordance with § 36-49, and
(iii) satisfy the requirements as set forth in § 36-51. It is
hereby found and declared: that there exist in many communities within this
Commonwealth blighted areas (as herein defined) which impair economic values
and tax revenues, cause an increase in and spread of disease and crime, and
constitute a menace to the health, safety, morals and welfare of the residents
of the Commonwealth; that the clearance, replanning, rehabilitation and
reconstruction of such blighted areas and the sale or lease of land and the
acquisition and operation of residential housing units for low, moderate and
middle income persons within such areas for redevelopment in accordance with
locally approved redevelopment plans are necessary for the public welfare and
are public uses and public purposes for which public money may be spent and
private property acquired by purchase or the power of eminent domain, and are
governmental functions of grave concern to the Commonwealth; that there are
also certain areas where the condition of title, diverse ownership of the land
to be assembled, the street or lot layouts, or other conditions prevent a
proper development of the land and that it is in the public interest that areas
described in this section, as well as blighted areas, be acquired by eminent
domain and made available for sound and wholesome development in accordance
with a redevelopment plan, and that the exercise of the power of eminent domain
and the financing of acquisition and preparation of the land by a public agency
for such redevelopment is likewise a public use and purpose.
§ 36-48.1. Creation of Conservation Areas.
A conservation area as defined in § 36-3 may be
created by an authority as provided in this chapter
and a conservation plan may be adopted to provide for the conservation,
rehabilitation, and revitalization of
such conservation area. The conservation plan shall (i) outline specific
boundaries for the conservation area, (ii) be adopted in accordance with §
36-49.1, and (iii) satisfy the
requirements as set forth in § 36-51.1.A. The findings and
declarations made in § 36-48 are hereby reaffirmed and it is hereby further
found and declared that: Certain blighted, deteriorated or deteriorating areas,
or portions thereof, are, through the means hereinafter provided, susceptible
of conservation through appropriate public action and the elimination or
prevention of the spread or increase of blight or deterioration in such areas
is necessary for the public welfare and is a public purpose for which public
money may be spent and private property acquired by purchase or by the power of
eminent domain, and is a governmental function of grave concern to the
Commonwealth.
B. It is also found and declared that: Areas
adjacent to blighted, deteriorated or deteriorating areas are susceptible to
the spread of such conditions and although such areas have not reached such
extreme proportions of blight or deterioration, certain indications of
deterioration are evident and it is hereby determined to be within the best
interest of the Commonwealth, that such areas be assisted through loan and
grant programs to prevent further deterioration.
§ 36-49. Adoption of Redevelopment Plans.
AnyA. An
authority may adopt a redevelopment plan
for a designated redevelopment area to address blighted areas
and in particular is specifically empowered to carry out any work
or undertaking in the redevelopment area,
including any or all of the followingnow or
hereafter established, in addition to other
powers granted by this or any law, is specifically empowered to carry out any
work or undertaking (hereafter called a "redevelopment project"):
1. To acquireAcquire
blighted or deteriorated areas, which are
hereby defined in § 36-3, as
areas (including slum areas) with buildings or improvements which, by reason of
dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of
ventilation, light and sanitary facilities, excessive land coverage,
deleterious land use or obsolete layout, or any combination of these or other
factors, are detrimental to the safety, health, morals or welfare of the
community;
2. To acquireAcquire
other real property for the purpose of removing, preventing, or reducing blight,
blighting factors or the cause of blight;
3. To acquireAcquire
real property where the condition of the title, the diverse ownership of the
real property to be assembled, the street or lot layouts, or other conditions
prevent a proper development of the property and where the acquisition of the
area by the authority is necessary to carry out a redevelopment plan;
4. To permitPermit the
preservation, repair, or restoration of buildings of historic interest; and to
clear any areas acquired and install, construct, or reconstruct streets,
utilities, and site improvements essential to the preparation of sites for uses
in accordance with the redevelopment plan;
5. To provideProvide for
the conservation of portions of the project area and the rehabilitation to
project standards as stated in the redevelopment plan of buildings within the
project area, where such rehabilitation is deemed by the authority to be
feasible and consistent with project objectives;
6. To makeMake land
so acquired available to private enterprise nongovernmental
persons or entities
or public agencies (including sale, leasing, or retention by the authority
itself) in accordance with the redevelopment plan;
7. To assistAssist the
reconstruction of project areas by making loans or grants of funds received
from any public or private source, for the purpose of facilitating the construction,
reconstruction, rehabilitation or sale of housing or other improvements
constructed or to be constructed on land situated within the boundaries of a
redevelopment project;
8. To acquireAcquire,
construct or rehabilitate residential housing developments for occupancy by
persons of low, moderate and middle income to be owned, operated, managed,
leased, conveyed, mortgaged, encumbered or assigned by an authority. Income
limits for such persons shall be determined for each redevelopment project by an
authority by resolution adopted by a majority of its appointed commissioners,
shall be adjusted for household size and may be revised as an authority deems
appropriate. In connection with a residential housing development, an authority
shall have all rights, powers and privileges granted by subdivision 4 of §
36-19, and shall establish rental rates in accordance
with § 36-21. This subdivision shall apply only to (i) a
redevelopment and housing authority created by joint resolution adopted by a
city council of a city on September 27, 1940, and a board of aldermen of a city
on October 1, 1940, and approved by the mayor of a city on October 3, 1940, and
(ii) a redevelopment and housing authority created by a November 2, 1965,
referendum, the initial commissioners of which were appointed by a February 23,
1966, board of supervisors resolution; and
9. To accomplishAccomplish
any combination of the foregoing to carry out a redevelopment plan; and
10. Exercise any other such powers as are authorized by law.
B. No redevelopment plan shall be effective until notice has been sent to the property owner or owners of record in accordance with subsection B of § 36-27 and the redevelopment plan has been approved by the local governing body.
§ 36-49.1. Adoption of Conservation Plans.
A. An authority may adopt a
conservation plan for a designated conservation area to address blight and
blighting conditions, to conserve such area, prevent further deterioration and
prevent such area from becoming blighted, and
in particular is specifically empowered to carry out any work or undertaking in
the conservation area, including any or all of the following: Whenever
it appears to the governing body of any county, city or town that a portion of
such city, county or town is deteriorating and may be eligible for conservation
as provided by this section, and such governing body adopts a resolution so
declaring, an authority may, in addition to other powers granted by this or any
other law, investigate such portion of the locality and select slum, blighted,
deteriorated or deteriorating areas and prepare a plan for the conservation
thereof to be known as a "conservation plan." Upon approval of such
plan by the governing body of the city, county or town, the authority is
specifically empowered to do the following in order to carry out the work or
undertaking as called for in such plan (hereinafter called a "conservation
project"):
1. To acquireAcquire
property within such areas which is blighted, designated for public use in the
conservation plan, or the use or condition of which is inconsistent with the
purposes of the conservation plan or the provisions of the zoning ordinance or
code of the city, county or town locality ;
2. To rehabilitate Rehabilitate or
clear property so acquired;
3. To provide Provide for
the installation, construction or reconstruction of streets, utilities, parks,
parking facilities, playgrounds, public buildings and other site improvements
essential to the conservation or rehabilitation planned;
4. To make Make land
or improvements so acquired available to private enterprise nongovernmental
persons or entities or
public agencies (by sale, lease or retention of ownership by the authority
itself);
5. To assistAssist the
reconstruction of project areas by making loans or grants of funds received
from any public or private source, for the purpose of facilitating the
construction, reconstruction, rehabilitation or sale of housing or other
improvements constructed or to be constructed on land situated within the
boundaries of a conservation project;
6. To encourage Encourage and
assist property owners or occupants within the conservation area to improve
their respective holdings, by suggesting improved standards for design,
construction, maintenance and use of such properties and offering encouragement
or assistance in other ways including the power to lend money and make grants
to owners or occupants, directed toward prevention and elimination of blight;
7. To acquireAcquire,
construct or rehabilitate residential housing developments for occupancy by
persons of low, moderate and middle income to be owned, operated, managed,
leased, conveyed, mortgaged, encumbered or assigned by an authority. Income
limits for such persons shall be determined for each conservation project by an
authority by resolution adopted by a majority of its appointed commissioners,
shall be adjusted for household size and may be revised as an authority deems
appropriate. In connection with a residential housing development, an authority
shall have all rights, power and privileges granted by subdivision 4 of § 36-19, and
shall establish rental rates in accordance with § 36-21. This
subdivision shall apply only to (i) a redevelopment and housing authority
created by joint resolution adopted by a city council of a city on September
27, 1940, and a board of aldermen of a city on October 1, 1940, and approved by
the mayor of a city on October 3, 1940, and (ii) a redevelopment and housing
authority created by a November 2, 1965, referendum, the initial commissioners
of which were appointed by a February 23, 1966, board of supervisors resolution;
and
8. The governing body shall conduct a public hearing
prior to approval of a conservation plan Exercise any
other powers as are authorized by law.
B. No conservation plan shall be effective until notice has been sent to the property owner or owners of record in accordance with subsection B of § 36-27 and the conservation plan has been approved by the local governing body.
§ 36-49.1:1. Spot blight abatement authorized; procedure.
A. Notwithstanding any other provision of this article chapter, an authority, or any locality, shall have the power to
acquire or repair any blighted property, as defined in § 36-49 36-3,
whether inside or outside of a conservation or redevelopment area, by purchase
or through the exercise
of the powers power of
eminent domain provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, and,
further, shall have the power to hold, clear, repair, manage or dispose of such
property for purposes consistent with this title chapter. In addition, the authority and locality
shall have the power to recover the costs of any repair or disposal of such
property from the owner or owners of record, determined in accordance with
subsection B of § 36-27.
This power shall be exercised only in accordance with the procedures set forth
in this section.
B. The chief executive or designated agency designee
of the locality or authority of the locality shall
make a preliminary determination that a property is blighted in accordance with
this article chapter.
It shall notify send notice to
the owner or owners of record determined in accordance with subsection
B of § 36-27, specifying the reasons why
the property is considered blighted. The owner or
owners of record shall have 30 days from
the date the notice is sent in within
which to respond in writing with a spot blight abatement plan
to cure address the
blight within a reasonable time.
C. If the owner or owners of record fails fail
to respond within the 30-day period with a written spot blight
abatement plan that is acceptable to the chief executive of the
agency, authority or locality, the agency, authority or locality (i) may
request the local planning commission to conduct a public hearing and make
findings and recommendations that shall be reported to the governing body of
the locality concerning the repair or other disposition of the property in
question and (ii) in the event a public hearing is scheduled, shall prepare a written
spot blight abatement plan for the repair or other disposition of
the property.
D. No spot blight abatement plan shall be effective until notice has been sent to the property owner or owners of record in accordance with subsection B of § 36-27 and an ordinance has been adopted by the local governing body. Not less than three weeks prior to the date of the public hearing before the planning commission, the commission shall provide by regular and certified mail, notice of such hearing to (i) the owner of the blighted property or the agent designated by him for receipt of service of notices concerning the payment of real estate taxes within the locality; (ii) the abutting property owners in each direction, including those property owners immediately across the street or road from the property; and (iii) the representative neighborhood association, if any, for the immediate area. The notice shall include the plan for the intended repair or other disposition of the property. The notice of the public hearing shall be published at least twice, with not less than six days elapsing between the first and second publication in a newspaper published or having general circulation in the locality in which the property is located. The notice also shall be posted on the property. The notice shall specify the time and place of the hearing at which persons affected may appear and present their views, not less than six days nor more than 21 days after the second publication.
E. The planning commission shall determine whether:
1. The property is blighted ;
2. The owner has failed to cure the blight or present a reasonable plan to do so;
2. The property is blighted;
3. The plan for the repair or other disposition of the property is in accordance with the locally adopted comprehensive plan, zoning ordinances, and other applicable land use regulations; and
4. The property is located within an area listed on the National Register of Historic Places. In such instances, the planning commission shall consult with the locally established architectural review board, if any, regarding the proposed repair or other disposition of the property by the authority or governing body.
F. The planning commission shall report its findings and
recommendations concerning the property to the governing body. The governing
body, upon receipt of such findings and recommendations, may, after an
advertised public hearing, affirm, modify, or reject the planning commission's
findings and recommendations. If the repair or other disposition of the
property is approved, the authority, agency or locality may carry out the
approved plan to repair or acquire and dispose of the property in accordance
with the approved plan, the provisions of this section, and applicable law. The
G. If the ordinance is adopted by the governing body of the locality, the locality shall have a lien on all property so repaired or acquired under an approved spot blight abatement plan to recover the cost of (i) improvements made by such locality to bring the blighted property into compliance with applicable building codes and (ii) disposal, if any. The lien authorized by this subsection shall be filed in the circuit court where the property is located and shall be subordinate to any prior liens of record. The governing body may recover its costs of repair from the owner or owners of record of the property when the repairs were made at such time as the property is sold or disposed of by such owner or owner. If the property is acquired by the governing body through eminent domain, the cost of repair may be recovered when the governing body sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any such sale.
G.H. Notwithstanding
the other provisions of this section,
unless otherwise provided for in Title 36, if the blighted property is occupied
for personal residential purposes, the governing body, in approving the spot
blight abatement plan, shall not allow for an acquisition
of acquire by eminent domain such
property if it would result in a displacement of the person or persons living
in the premises. The provisions of this subsection shall not apply to
acquisitions, under an approved spot blight abatement plan, by any
locality of property which has been condemned for human habitation for more
than one year. In addition, such locality exercising the powers of eminent
domain in accordance with Title 25.1, may provide for temporary relocation of
any person living in the blighted property provided the relocation is within
the financial means of such person.
H.I. In lieu
of the acquisition of blighted property by the exercise of the powers of eminent
domain as herein provided, and in lieu of
the exercise of other powers granted in subsections A through F H,
a locality may, by ordinance, declare any blighted property as defined in § 36-4936-3
to constitute a nuisance, and thereupon abate the nuisance pursuant to §
15.2-900 or § 15.2-1115. Such ordinance shall be adopted only after written
notice by certified mail to the owner or owners at the last known address of
such owner as shown on the current real estate tax assessment books or current
real estate tax assessment records.
I. J. The
provisions of this section shall be cumulative and shall be in addition to any
remedies for spot blight abatement that may be authorized by law.
§ 36-50. Extension of general powers for actions taken pursuant to a redevelopment plan.
In undertaking actions pursuant to a redevelopment
projects plan,
an authority shall have all the rights, powers, privileges, and immunities provided
in this chapter. that
such authority has in connection with undertaking slum clearance and housing
projects (including, without limiting the generality of the foregoing, the
power to make and execute contracts, to issue bonds and other obligations, and
give security therefor, to acquire real property by eminent domain or purchase,
and to do any and all things necessary to carry out redevelopment projects);
provided, that However, nothing contained in §§
36-21 and 36-22 shall be construed as limiting the power of an authority, in
the event of a default (including failure of compliance with a redevelopment
plan) by a purchaser or lessee of land in a redevelopment plan, to acquire
property and operate it free from the restrictions contained in §§ 36-21 and
36-22; and provided further, that any property which an authority leases to private
corporations, individuals, or partnerships nongovernmental persons
or entities for redevelopment under a redevelopment plan shall
have the same tax status as if such leased property were owned by such private
corporations, individuals, or partnerships nongovernmental persons
or entities .
§ 36-50.1. Extension of general powers for actions taken pursuant to a conservation plan.
In undertaking actions pursuant to a conservation plan,
an authority shall have all the rights, powers, privileges, and immunities
provided in this chapter. However, In connection with the
execution of a conservation plan, an authority shall have all of the powers and
responsibilities vested in or imposed upon it in connection with redevelopment
projects under this chapter, with the exception that the power of
eminent domain shall not be exercised in connection with a conservation project
except to acquire (1) (i) properties
designated for public use in the conservation plan, or (2)(ii)
properties which are determined by the authority to be in violation of the
standards for design, construction, maintenance and use of property set out in
the conservation plan for the project in which such property is situate, and which
have not been made to comply with such standards within one year after a
written request to rehabilitate to project standards is given to the owner by
the authority, or (3) (iii) properties
as to which voluntary conveyance cannot be effected in the course of the
execution of the conservation plan because of the inability of the owners to
convey marketable title, or (4) (iv) properties
which are infeasible of rehabilitation or because of dilapidation,
obsolescence, faulty arrangement or design, street or lot layout, deleterious
land use or a combination thereof exert a blighting influence on adjacent
properties or prevent proper development of land so as to inhibit or prevent
accomplishment of the purposes of the conservation plan.
§ 36-51. Redevelopment plans.
A. An authority shall not initiate implement any redevelopment project plan
under this law until the governing body of the locality has
approved the redevelopment plan, (or
planning agency or other public agency designated by it or empowered by law so
to act) of each city or town or county (hereinafter called a
"municipality") in which any of the area to be covered by such
project (hereinafter called the "redevelopment area") is situated,
has approved a plan (hereinafter called the "redevelopment plan") which
provides an outline for the development or redevelopment of the redevelopment
area and is sufficiently complete to indicate (i) its relationship to definite
local objectives as to appropriate land uses and improved traffic, public
transportation, public utilities, recreational and community facilities and
other public improvements; (ii) proposed land uses and building requirements in
the redevelopment area; (iii) the land in the redevelopment area that the
authority does not intend to acquire; (iv) the land in the redevelopment area
that will be made available after acquisition to private enterprise nongovernmental
persons or entities for redevelopment and that land which will be
made available after acquisition to public enterprise for redevelopment; (v)
anticipated funding sources that may be sufficient to acquire all property
designated for acquisition within five years of the municipality's locality's approval; and (vi) the method for the temporary
relocation of persons living in the redevelopment areas; and also the method
for providing (unless already available) decent, safe and sanitary dwellings in
the locality substantially equal in number to the number of substandard
dwellings to be cleared from the redevelopment area, at rents within the
financial reach of the income groups displaced from such substandard dwellings.
Any municipality locality
is hereby authorized to approve redevelopment plans through their governing
body or agency designated for that purpose.
B. No sooner than thirty months or later than thirty-six
months following the date of the municipality's locality's approval of the redevelopment plan (hereinafter called
the "approval date"), the municipality locality shall review and determine by resolution whether to
reaffirm the redevelopment plan. Where the municipality locality fails to reaffirm the redevelopment plan, any real
property within the redevelopment area that has not been acquired by the
authority, or for which a petition in condemnation has not been filed by the authority,
prior to the date of adoption of such resolution by the municipality locality (hereinafter called the "termination date")
shall no longer be eligible for acquisition by the authority unless the
authority and the property owner mutually agree to the acquisition, in which
case the authority shall be specifically empowered to acquire the property. For
purposes of this section, a mediation request submitted by either the authority
or the property owner, in accordance with § 36-27, prior to the termination
date shall preserve the authority's right to file a petition in condemnation
relating to such real property for a period of six months after the termination
date.
C. Where the municipality locality
reaffirms the redevelopment plan, the authority shall continue to be authorized
to acquire real property within the redevelopment area by purchase, or through
the institution of eminent domain proceedings in accordance with § 36-27, until
the fifth anniversary of the approval date. Any real property within the
redevelopment area that has not been acquired by the authority, or for which a
petition in condemnation has not been filed by the authority, prior to the
fifth anniversary of the approval date, shall no longer be eligible for
acquisition by the authority unless the authority and the property owner
mutually agree to the acquisition, in which case the authority shall be
specifically empowered to acquire the property. For purposes of this section, a
mediation request submitted by either the authority or the property owner, in
accordance with § 36-27, prior to the fifth anniversary of the approval date,
shall preserve the authority's right to file a petition in condemnation
relating to the real property for a period of six months after the fifth
anniversary of the approval date.
D. Notwithstanding the provisions of this section, a municipality locality shall not be precluded from adopting a new redevelopment
plan, in accordance with this section, which designates a redevelopment area
that includes real property that was previously included within a redevelopment
area under a previously adopted redevelopment plan.
E. If the authority decides against acquiring real property designated for acquisition under an approved redevelopment plan after having made a written purchase offer to the owner of the property, it shall, upon the written request of the property owner given no later than one year after the date of written notice from the authority to the property owner of its decision not to acquire his property, reimburse the owner of the property his reasonable expenses incurred in connection with the proposed acquisition of his property. Reasonable expenses shall include, but are not limited to, reasonable fees of attorneys and appraisers or other experts necessary to establish the value of the property to be appraised.
§ 36-51.1. Requirements for "conservation plan" generally.
An authority shall not initiate implement
any conservation project plan under
this law until the governing body of the locality has approved
(or planning agency or other public agency
designated by it or empowered by law so to act) of each city or county having
the power granted by § 36-49.1 in which any of the area to be covered by such
project is situated, has approved a "conservation plan" a conservation
plan, which
provides an outline for the conservation, development or redevelopment of the conservation
area, affording maximum opportunity for conservation,
rehabilitation or redevelopment by private enterprise nongovernmental persons
or entities consistent with the ends to be achieved, and is
sufficiently complete to indicate (1) (i) its
relationship to definite local objectives as to appropriate land uses and
improved traffic, public transportation, public utilities, recreational and community
facilities and other public improvements; (2) (ii) any
conditions and limitations on acquisition of property; (3) (iii)
proposed land uses for the properties to be acquired; (4) (iv)
any conditions and limitations, including time limitation, under which property
shall be made available for rehabilitation or redevelopment by public enterprise
or private enterprise nongovernmental persons
or entities (by sale, lease or retention by the authority itself);
(5) (v)
standards of design, construction, maintenance, and use of property and other
measures to be taken or recommended toward elimination and prevention of blight and
deterioration; (6) (vi) the
method for the temporary relocation of any persons living in such the
conservation area who will be displaced in accordance with the
plan, as well as the method of providing (unless already available) decent,
safe and sanitary dwellings in such city or county substantially equal in
number to the number of substandard dwellings to be cleared from the conservation
area, at rents within the financial reach of the income groups
displaced from such substandard dwellings; (7) (vii)
any limitation on the length of time within which project
activities can be undertaken; (8) (viii) a
procedure for administrative review of the determination at staff level and
prior to a final determination by the authority under § 36-50.1 (2)
that an individual property is in violation of project standards and,
therefore, subject to condemnation; and (9) (ix)
the procedure by which such conservation plan may be amended.
§ 36-52. Cooperation by localities.
Any county, city or town local
government shall have the same rights and powers to cooperate with
and assist authorities with respect to implementation of
conservation or redevelopment projects plans
that such county, city or town locality has pursuant to §§ 36-6 and 36-7 and any other provision
of the Housing Authorities Law for the purpose of assisting the development or
administration of slum clearance and housing projects.
§ 36-52.1. Authority for localities to create conservation or redevelopment areas.
A locality has no authority to create conservation or redevelopment areas, except through a redevelopment and housing authority and only in accordance with this chapter.
Any city or county having the power granted by §
36-49.1 is hereby authorized to approve conservation plans through its
governing body, or agency designated for that purpose, and cooperate with or
assist such authority in the same manner as authorized for redevelopment plans.
§ 36-52.3. Adoption and designation of "rehabilitation area."
A. Whenever it appears to the governing body of any county,
city or town locality that a portion of such city,
county or town locality adjacent to an area embraced
in a "conservation plan," approved by such body pursuant to §
36-49.1, is deteriorating in the early stages of
deterioration and determines that if not rehabilitated such area
is likely to continue to deteriorate and
become eligible for designation as a conservation area,to a
condition similar to that which existed in the area embraced in the
"conservation plan," such governing body may adopt
a resolution declaring and designating such an area as a "rehabilitation
district."create a rehabilitation area.
B. No rehabilitation area shall be effective until notice has been sent to the property owner or owners of record in such area in accordance with subsection B of § 36-27 and an ordinance approving such rehabilitation area has been adopted by the local governing body. The ordinance shall outline specific boundaries for the rehabilitation area, establish that the rehabilitation area is adjacent to a conservation area and include such properties as are in need of rehabilitation in such area.
C. An authority is specifically empowered
to encourage and assist property owners or occupants within the rehabilitation district area
so designated to improve their respective holdings, by suggesting improved
standards for design, construction, maintenance, renovation and use of such properties
and offering encouragement or assistance in other ways including the power to
lend money and make grants to said owners or occupants, directed toward
prevention and elimination of deteriorating conditions within such district area.
C.D. In
executing the powers provided in subsection B C,
an authority shall have all of the rights, powers and immunities granted in
connection with conservation or redevelopment projects
plans pursuant to this chapter except
the power to acquire property through the exercise of the power of eminent
domain.
§ 36-53. Making property available for conservation or redevelopment.
An authority may make land in a conservation or redevelopment project area
available for purchase or use by private enterprise nongovernmental
persons or entities or public agencies in accordance with the
conservation or redevelopment plan. Such land may be made available at its fair
value, which represents the value (whether expressed in
terms of rental or capital price) at which the authority determines
such land should be made available in order that it may be developed, conserved
or redeveloped for the purposes specified in such plan.
To assure that land acquired in a conservation or
redevelopment project area is
used in accordance with the conservation or redevelopment plan, an authority,
upon the sale or lease of such land, shall obligate purchasers or lessees: (1)
to use the land for the purpose designated in the conservation or redevelopment
plan; (2) to begin the building of their improvements within a period of time
which the authority fixes as reasonable; and (3) to comply with such other
conditions as are necessary to carry out the purposes of this chapter. Any such
obligations by the purchaser shall be covenants and conditions running with the
land where the authority so stipulates.
§ 58.1-3245.1. Blighted areas constitute public danger.
It is hereby found and declared that blighted areas exist in
the Commonwealth, and these areas impair economic values and tax
revenues, and endanger the health, safety, morals and welfare of
the citizens because commercial, residential and industrial structures or
improvements are subject to dilapidation, deterioration,
inadequate ventilation, and inadequate public utilities. It is a public purpose
to provide public facilities including, but
not limited to, roads, water, sewers, parks, and real estate devoted to
open-space use as that term is defined in § 58.1-3230 within redevelopment and
conservation areas to encourage the private development in such areas in order It is
also found to be in the public interest to promote the commerce and prosperity
of the citizens of the Commonwealth by providing public facilities, including
but not limited to, roads, water, sewers, parks, and real estate devoted to
open-space use as that term is defined in § 58.1-3230 in development project
areas to encourage the development of such areas. Local governments should
encourage private investment in development project areas in order to enhance
the real estate tax base of such areas and, where appropriate, to
eliminate blighted conditions. It is essential to the public interest that
governing bodies have authority to finance development project costs by using
real estate tax increments to encourage private investment in development
project areas.
2. That § 36-39 of the Code of Virginia is repealed.