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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
]]]] 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
2 RELATING TO URBAN RENEWAL LAW; AMENDING SECTION 50-2008, IDAHO CODE, TO PRO-
3 VIDE A LIMITATION ON THE MODIFICATION OF AN URBAN RENEWAL PLAN AND TO MAKE
4 TECHNICAL CORRECTIONS.
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:
8 50-2008. PREPARATION AND APPROVAL OF PLAN FOR URBAN RENEWAL PROJECT. (a)
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
2
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
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
Contact
Name: Rep. Jim Clark
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 251