2007 Legislation
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HOUSE BILL NO. 263 – Urban renewal plan, excluded lands

HOUSE BILL NO. 263

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H0263...............................................by REVENUE AND TAXATION
URBAN RENEWAL - Amends existing urban renewal law to provide that open land
used exclusively for agricultural purposes or land that is under private
development shall not be considered for inclusion in an urban renewal plan;
and to define a "person in interest."
                                                                        
03/02    House intro - 1st rdg - to printing
03/05    Rpt prt - 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. 263
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO URBAN RENEWAL LAW; AMENDING SECTION 50-2008, IDAHO CODE,  TO  PRO-
  3        VIDE  THAT  OPEN  LAND  USED EXCLUSIVELY FOR AGRICULTURAL PURPOSES OR LAND
  4        THAT IS UNDER PRIVATE DEVELOPMENT SHALL NOT BE CONSIDERED FOR INCLUSION IN
  5        AN URBAN RENEWAL PLAN AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SEC-
  6        TION 50-2027, IDAHO CODE, TO DEFINE A "PERSON IN  INTEREST"  AND  TO  MAKE
  7        TECHNICAL CORRECTIONS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 50-2008, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        50-2008.  PREPARATION AND APPROVAL OF PLAN FOR URBAN RENEWAL PROJECT.  (a)
 12    An  urban  renewal  project  for an urban renewal area shall not be planned or
 13    initiated unless the local governing body has, by resolution, determined  such
 14    area  to  be  a  deteriorated  area  or  a deteriorating area or a combination
 15    thereof and designated such area as appropriate for an urban renewal project.
 16        (b)  An urban renewal agency may itself prepare or cause to be prepared an
 17    urban renewal plan, or any person or agency, public  or  private,  may  submit
 18    such  a  plan  to  an  urban renewal agency. Prior to its approval of an urban
 19    renewal project, the local governing body shall submit such plan to the  plan-
 20    ning commission of the municipality, if any, for review and recommendations as
 21    to  its conformity with the general plan for the development of the municipal-
 22    ity as a whole. The planning commission shall submit its  written  recommenda-
 23    tions  with  respect to the proposed urban renewal plan to the local governing
 24    body within thirty (30) days after  receipt  of  the  plan  for  review.  Upon
 25    receipt  of the recommendations of the planning commission, or if no recommen-
 26    dations are received within said thirty (30) days, then without such recommen-
 27    dations, the local governing body may proceed with the hearing on the proposed
 28    urban renewal project prescribed by subsection (c) hereof of this section.
 29        (c)  The local governing body shall hold a  public  hearing  on  an  urban
 30    renewal  project,  after  public  notice thereof by publication in a newspaper
 31    having a general circulation in the area of operation of the municipality. The
 32    notice shall describe the time, date, place and purpose of the hearing,  shall
 33    generally  identify the urban renewal area covered by the plan, and shall out-
 34    line the general scope of the urban renewal project under consideration.
 35        (d)  Following such hearing, the local governing body may approve an urban
 36    renewal project and the plan therefor if it finds that (1) a  feasible  method
 37    exists  for  the  location  of  families  who will be displaced from the urban
 38    renewal area in decent, safe and sanitary dwelling accommodations within their
 39    means and without undue hardship to such families; (2) the urban renewal  plan
 40    conforms  to  the  general  plan of the municipality as a whole; (3) the urban
 41    renewal plan gives due consideration to the provision  of  adequate  park  and
 42    recreational  areas  and  facilities  that  may  be desirable for neighborhood
 43    improvement, with special consideration for the health, safety and welfare  of
                                                                        
                                       2
                                                                        
  1    children residing in the general vicinity of the site covered by the plan; and
  2    (4)  the  urban  renewal plan will afford maximum opportunity, consistent with
  3    the sound needs of the municipality as a  whole,  for  the  rehabilitation  or
  4    redevelopment  of the urban renewal area by private enterprise: Provided, that
  5    if the urban renewal area consists of an area of open land to be  acquired  by
  6    the  urban renewal agency, such area shall not be so acquired unless (1) if it
  7    is to be developed for residential uses, the local governing body shall deter-
  8    mine  that a shortage of housing  of  sound  standards  and  design  which  is
  9    decent,  safe and sanitary exists in the municipality; that the need for hous-
 10    ing accommodations has been or will be increased as a result of the  clearance
 11    of  slums  in  other  areas; that the conditions of blight in the area and the
 12    shortage of decent, safe and  sanitary  housing  cause  or  contribute  to  an
 13    increase  in  and  spread  of disease and crime and constitute a menace to the
 14    public health, safety, morals, or welfare; and that  the  acquisition  of  the
 15    area  for residential uses is an integral part of and essential to the program
 16    of the municipality, or (2) if it is to be developed for nonresidential  uses,
 17    the  local  governing  body  shall determine that such nonresidential uses are
 18    necessary and appropriate to facilitate the proper growth and  development  of
 19    the  community in accordance with sound planning standards and local community
 20    objectives, which acquisition may require the exercise of governmental action,
 21    as provided in this act, because of defective or unusual conditions of  title,
 22    diversity  of  ownership,  tax  delinquency,  improper  subdivisions, outmoded
 23    street patterns, deterioration of site, economic disuse, unsuitable topography
 24    or faulty lot layouts, the need for the correlation of  the  area  with  other
 25    areas  of  a  municipality  by streets and modern traffic requirements, or any
 26    combination of such factors or other conditions which  retard  development  of
 27    the area. Open land that is used exclusively for agricultural purposes or land
 28    that  is under private development shall not be considered for inclusion in an
 29    urban renewal plan.
 30        (e)  An urban renewal plan may be modified at any time: Provided  that  if
 31    modified  after the lease or sale by the urban renewal agency of real property
 32    in the urban renewal project area, such modification may be  conditioned  upon
 33    such  approval  of  the  owner,  lessee  or successor in interest as the urban
 34    renewal agency may deem advisable and in any event shall be  subject  to  such
 35    rights  at law or in equity as a lessee or purchaser, or his successor or suc-
 36    cessors in interest, may be entitled to assert.
 37        (f)  Upon the approval by the local governing body  of  an  urban  renewal
 38    plan or of any modification thereof, such plan or modification shall be deemed
 39    to  be in full force and effect for the respective urban renewal area, and the
 40    urban renewal agency may then cause such plan or modification  to  be  carried
 41    out in accordance with its terms.
 42        (g)  Notwithstanding  any  other  provisions  of this act, where the local
 43    governing body certifies that an area is in need of redevelopment or rehabili-
 44    tation as a result of a flood, fire, hurricane, earthquake,  storm,  or  other
 45    catastrophe  respecting which the governor of the state has certified the need
 46    for disaster assistance under Public Law P.L. 875, Eeighty-first Ccongress, or
 47    other federal law, the local governing body may approve an urban renewal  plan
 48    and  an  urban renewal project with respect to such area without regard to the
 49    provisions of subsection (d) of this section and the provisions of  this  sec-
 50    tion requiring a general plan for the municipality and a public hearing on the
 51    urban renewal project.
                                                                        
 52        SECTION  2.  That  Section 50-2027, Idaho Code, be, and the same is hereby
 53    amended to read as follows:
                                                                        
                                       3
                                                                        
  1        50-2027.  LIMITATIONS ON REVIEW OF ADOPTION OR MODIFICATION OF  PLAN,  AND
  2    ISSUANCE  OF  BONDS. (1) No direct or collateral action attacking or otherwise
  3    questioning the validity of any urban renewal plan,  project  or  modification
  4    thereto,  (including  one  containing  a revenue allocation provision), or the
  5    adoption or approval of such plan, project or  modification,  or  any  of  the
  6    findings  or  determinations of the agency or the local governing body in con-
  7    nection with such plan, project or modification, shall be brought prior to the
  8    effective date of the ordinance adopting or modifying the plan. No  direct  or
  9    collateral  action  attacking  or  otherwise questioning the validity of bonds
 10    issued pursuant to section 50-2012, Idaho Code, or section  50-2026(a),  Idaho
 11    Code,  shall be brought prior to the effective date of the resolution or ordi-
 12    nance authorizing such bonds.
 13        (2)  For a period of thirty (30) days after  the  effective  date  of  the
 14    ordinance  or  resolution, any person in interest shall have the right to con-
 15    test the legality of such ordinance, resolution or  proceeding  or  any  bonds
 16    which  may be authorized thereby. A "person in interest" shall be defined as a
 17    person or other legal entity owning real property located within the  proposed
 18    urban  renewal  district. No contest or proceeding to question the validity or
 19    legality of any ordinance, resolution or proceeding, or any bonds which may be
 20    authorized thereby, passed or adopted under the  provisions  of  this  chapter
 21    shall  be  brought  in any court by any person for any cause whatsoever, after
 22    the expiration of thirty (30) days from the effective date of  the  ordinance,
 23    resolution or proceeding, and after such time the validity, legality and regu-
 24    larity  of  such  ordinance,  resolution or proceeding or any bonds authorized
 25    thereby shall be conclusively presumed. If the question of the validity of any
 26    adopted plan or bonds issued pursuant to this chapter  is  not  raised  within
 27    thirty  (30)  days  from  the  effective  date of the ordinance, resolution or
 28    preceeding proceeding issuing said bonds and fixing their terms, the authority
 29    of the plan, the authority adopting the plan, or the authority  to  issue  the
 30    bonds,  and  the legality thereof, the same shall be conclusively presumed and
 31    no court shall thereafter have authority to inquire into such matters.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17124

     The purpose of this legislation is to narrow the definition
of property that may be available to be included in an urban
renewal plan, and specifically to exclude agricultural open land
or open land that is under private development by amending
Section 50-2008.

     Secondly, by amending Section 50-2027, a person or entity
owning real property in the proposed urban renewal plan will have
standing to challenge the validity of an urban renewal plan.



                           FISCAL NOTE

     No impact on the general fund for the State of Idaho.




Contact
Name: Rep. Collins 
Phone: 208 332-1000
Rep. Schaefer


STATEMENT OF PURPOSE/FISCAL NOTE                         H 263