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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
]]]] 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
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