2007 Legislation
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HOUSE BILL NO. 251 – Urban renewal plan, modificatn


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Bill Status

H0251...............................................by REVENUE AND TAXATION
URBAN RENEWAL - Amends existing law to provide a limitation on the
modification of an Urban Renewal Plan.
02/28    House intro - 1st rdg - to printing
03/01    Rpt prt - to Rev/Tax
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 40-30-0
      AYES -- Anderson, Barrett, Bayer, Bedke, Bell, Bilbao, Bolz,
      Brackett, Bradford, Chadderdon, Clark, Collins, Crane, Edmunson,
      Eskridge, Hagedorn, Hart, Harwood, Henderson, Kren, Labrador, Lake,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nonini, Roberts, Schaefer, Shepherd(2), Shepherd(8), Stevenson,
      Thayn, Vander Woude, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Andrus, Black, Block, Bock, Boe, Chavez, Chew, Durst,
      Henbest, Jaquet, Killen, King, LeFavour, Nielsen, Pasley-Stuart,
      Patrick, Pence, Raybould, Ring, Ringo, Ruchti, Rusche, Sayler,
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Trail, Wills
      Absent and excused -- None
    Floor Sponsor - Clark
    Title apvd - to Senate
03/08    Senate intro - 1st rdg - to Loc Gov

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 251
                             BY REVENUE AND TAXATION COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION  1.  That  Section 50-2008, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
  9    An  urban  renewal  project  for an urban renewal area shall not be planned or
 10    initiated unless the local governing body has, by resolution, determined  such
 11    area  to  be  a  deteriorated  area  or  a deteriorating area or a combination
 12    thereof and designated such area as appropriate for an urban renewal project.
 13        (b)  An urban renewal agency may itself prepare or cause to be prepared an
 14    urban renewal plan, or any person or agency, public  or  private,  may  submit
 15    such  a  plan  to  an  urban renewal agency. Prior to its approval of an urban
 16    renewal project, the local governing body shall submit such plan to the  plan-
 17    ning commission of the municipality, if any, for review and recommendations as
 18    to  its conformity with the general plan for the development of the municipal-
 19    ity as a whole. The planning commission shall submit its  written  recommenda-
 20    tions  with  respect to the proposed urban renewal plan to the local governing
 21    body within thirty (30) days after  receipt  of  the  plan  for  review.  Upon
 22    receipt  of the recommendations of the planning commission, or if no recommen-
 23    dations are received within said thirty (30) days, then without such recommen-
 24    dations, the local governing body may proceed with the hearing on the proposed
 25    urban renewal project prescribed by subsection (c) hereof.
 26        (c)  The local governing body shall hold a  public  hearing  on  an  urban
 27    renewal  project,  after  public  notice thereof by publication in a newspaper
 28    having a general circulation in the area of operation of the municipality. The
 29    notice shall describe the time, date, place and purpose of the hearing,  shall
 30    generally  identify the urban renewal area covered by the plan, and shall out-
 31    line the general scope of the urban renewal project under consideration.
 32        (d)  Following such hearing, the local governing body may approve an urban
 33    renewal project and the plan therefor if it finds that (1) a  feasible  method
 34    exists  for  the  location  of  families  who will be displaced from the urban
 35    renewal area in decent, safe and sanitary dwelling accommodations within their
 36    means and without undue hardship to such families; (2) the urban renewal  plan
 37    conforms  to  the  general  plan of the municipality as a whole; (3) the urban
 38    renewal plan gives due consideration to the provision  of  adequate  park  and
 39    recreational  areas  and  facilities  that  may  be desirable for neighborhood
 40    improvement, with special consideration for the health, safety and welfare  of
 41    children residing in the general vicinity of the site covered by the plan; and
 42    (4)  the  urban  renewal plan will afford maximum opportunity, consistent with
 43    the sound needs of the municipality as a  whole,  for  the  rehabilitation  or
  1    redevelopment  of the urban renewal area by private enterprise: Provided, that
  2    if the urban renewal area consists of an area of open land to be  acquired  by
  3    the  urban renewal agency, such area shall not be so acquired unless (1) if it
  4    is to be developed for residential uses, the local governing body shall deter-
  5    mine that a shortage of housing of sound standards and design which is decent,
  6    safe and sanitary exists in the municipality; that the need for housing accom-
  7    modations has been or will be  increased as a result of the clearance of slums
  8    in other areas; that the conditions of blight in the area and the shortage  of
  9    decent,  safe  and  sanitary housing cause or contribute to an increase in and
 10    spread of disease and crime and constitute a  menace  to  the  public  health,
 11    safety,  morals, or welfare; and that the acquisition of the area for residen-
 12    tial uses is an integral part of and essential to the program of  the  munici-
 13    pality,;  or  (2)  if it is to be developed for nonresidential uses, the local
 14    governing body shall determine that such nonresidential uses are necessary and
 15    appropriate to facilitate the proper growth and development of  the  community
 16    in  accordance  with  sound planning standards and local community objectives,
 17    which acquisition may require the exercise of governmental action, as provided
 18    in this act, because of defective or unusual conditions of title, diversity of
 19    ownership, tax delinquency, improper subdivisions, outmoded  street  patterns,
 20    deterioration  of  site,  economic disuse, unsuitable topography or faulty lot
 21    layouts, the need for the correlation of the area with other areas of a munic-
 22    ipality by streets and modern traffic requirements, or any combination of such
 23    factors or other conditions which retard development of the area.
 24        (e)  An urban renewal plan may be modified at any time: Provided  that  if
 25    (1)  the boundary of the urban renewal district shall not be changed, extended
 26    or otherwise altered; and (2) if a plan, not including a boundary  change,  is
 27    modified  after the lease or sale by the urban renewal agency of real property
 28    in the urban renewal project area, such modification may be  conditioned  upon
 29    such  approval  of  the  owner,  lessee  or successor in interest as the urban
 30    renewal agency may deem advisable and in any event shall be  subject  to  such
 31    rights  at law or in equity as a lessee or purchaser, or his successor or suc-
 32    cessors in interest, may be entitled to assert.
 33        (f)  Upon the approval by the local governing body  of  an  urban  renewal
 34    plan or of any modification thereof, such plan or modification shall be deemed
 35    to  be in full force and effect for the respective urban renewal area, and the
 36    urban renewal agency may then cause such plan or modification  to  be  carried
 37    out in accordance with its terms.
 38        (g)  Notwithstanding  any  other  provisions  of this act, where the local
 39    governing body certifies that an area is in need of redevelopment or rehabili-
 40    tation as a result of a flood, fire, hurricane, earthquake,  storm,  or  other
 41    catastrophe  respecting which the governor of the state has certified the need
 42    for disaster assistance under Public Law 875, Eighty-first Congress, or  other
 43    federal law, the local governing body may approve an urban renewal plan and an
 44    urban  renewal  project with respect to such area without regard to the provi-
 45    sions of subsection (d) of this section and the  provisions  of  this  section
 46    requiring  a  general  plan  for  the municipality and a public hearing on the
 47    urban renewal project.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 17098

The purpose of this legislation is to amend the urban
renewal law pertaining to the boundary of the urban renewal area. 
Once the boundary is set based upon the governing body resolution
it can not be changed, extended or otherwise altered. 

                           FISCAL NOTE

None on the general fund

Name: Rep. Jim Clark 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 251