17-4747.   Urban renewal plans; preparation and approval;acquisition of real property for urban renewal project, limitation.(a) A municipality shall not prepare an urban renewal plan for an urbanrenewal area unless the governing body has, by resolution, determinedsuch an area to be a slum area or a blighted area or a combinationthereof and designated such area as appropriate for an urban renewalproject. The local governing body shall not approve an urban renewalplan until a general plan for the municipality has been prepared. Amunicipality shall not acquire real property for an urban renewalproject by exercise of the power of eminent domain unless the localgoverning body has approved the urban renewal plan in accordance withsubsection (d) hereof: Provided, A municipality may acquire realproperty at any time, within an area which the local governing body hasdetermined appropriate for an urban renewal project and regardless ofwhether or not an urban renewal plan for the area has been approved, bymeans other than the exercise of the power of eminent domain, wheneverthe local governing body shall have approved, by resolution, of theacquisition of real property in such an urban renewal area. In order toqualify for financial assistance from the federal government in makingsuch acquisitions, and regardless of any other provisions of the laws ofKansas, the local governing body may assume the responsibility to thefederal government to bear any loss that may arise as a result of suchacquisition in the event the property so acquired is not used for urbanrenewal purposes because an urban renewal plan for the project area isnot approved, or is amended to omit any of the acquired property, or isabandoned for any reason: Provided further, Real property soacquired shall be subject to all other provisions of the urban renewallaw the same as property otherwise acquired, except that in the eventthe property so acquired is not used for urban renewal purposes becausean urban renewal plan for the project area is not approved, or isamended to omit any of the acquired property, or is abandoned for anyreason, the property may be disposed of under such reasonablecompetitive bidding procedures as the municipality shall prescribe.

      (b)   The municipality may itself prepare or cause to be prepared anurban renewal plan, or any person or agency, public or private, maysubmit such a plan to the municipality. Prior to its approval of anurban renewal plan, the local governing body shall submit such plan tothe planning commission of the municipality, if any, for review andrecommendations as to its conformity with the general plan for thedevelopment of the municipality as a whole. The planning commissionsshall submit their written recommendations with respect to the proposedurban renewal plan to the local governing body within thirty (30) daysafter receipt of the plan for review. Upon receipt of therecommendations of the planning commission or, if no recommendations arereceived within said thirty (30) days, then without suchrecommendations, the local governing body may proceed with the hearingon the proposed urban renewal plan prescribed by subsection (c) hereof.

      (c)   The local governing body shall hold a public hearing on an urbanrenewal plan or substantial modification of an approved urban renewalplan, after public notice thereof by publication in a newspaper having ageneral circulation in the area of operation of the municipality. Thenotice shall describe the time, date, place and purpose of the hearing,shall generally identify the urban renewal area covered by the plan, andshall outline the general scope of the urban renewal project underconsideration.

      (d)   Following such hearing, the local governing body may approve anurban renewal plan if it finds that (1) a feasible method exists for thelocation of families who will be displaced from the urban renewal areain decent, safe and sanitary dwelling accommodations within their meansand without undue hardship to such families; (2) the urban renewal planconforms to the general plan of the municipality as a whole; and (3) theurban renewal plan will afford maximum opportunity, consistent with thesound needs of the municipality as a whole, for the rehabilitation orredevelopment of the urban renewal area by private enterprise:Provided, That if the urban renewal area or a portion thereofconsists of a blighted area of open land which is to be acquired by themunicipality for slum clearance and redevelopment, such blighted areashall not be so acquired unless (1) it is to be redeveloped forpredominantly residential uses, and (2) the local governing body shalldetermine that a shortage of housing of sound standards and design whichis decent, safe and sanitary exists in the municipality; that the needfor housing accommodations has been or will be increased as a result ofthe clearance of slums in other areas (including other portions of theurban renewal area); that the conditions of blight in the area and theshortage of decent, safe and sanitary housing cause or contribute to anincrease in and spread of disease and crime and constitute a menace tothe public health, safety, morals or welfare; and that the redevelopmentof the area for predominantly residential uses is an integral part ofand essential to the program of the municipality for the elimination ofslum and blighted areas.

      (e)   An urban renewal plan may be modified at any time: Provided,That if modified after the lease or sale by the municipality of realproperty in the urban renewal project area, such modification shall besubject to such rights at law or in equity as a lessee or purchaser, orhis successor or successors in interest may be entitled to assert. Anyproposed modification which will substantially change the urban renewalplan as previously approved by the local governing body shall be subjectto the requirements of this section, including the requirement of apublic hearing, before it may be approved.

      (f)   Upon the approval of an urban renewal plan by the municipalitythe provisions of said plan with respect to the future use and buildingrequirements applicable to the property covered by said plan shall becontrolling with respect thereto.

      (g)   Notwithstanding any other provisions of this act, where thelocal governing body certifies that an area is in need of redevelopmentor rehabilitation as result of a flood, fire, hurricane, earthquake,storm, or other catastrophe respecting which the governor of the statehas certified the need for disaster assistance under public law 875,eighty-first congress, or other federal law, the local governing bodymay approve an urban renewal plan and an urban renewal project withrespect to such area without regard to the provisions of subsection (d)of this section and the provisions of this act requiring a general planfor the municipality and a public hearing on the urban renewal project.

      History:   L. 1955, ch. 86, § 6; L. 1961, ch. 122, § 1; L. 1967, ch.127, § 1; March 1.