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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 - 2007IN 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)hereofof 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 underPublic LawP.L. 875,Eeighty-firstCcongress, 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 28preceedingproceeding 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