State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-32 > 45-32-5

SECTION 45-32-5

   § 45-32-5  Corporate powers of agencies.– (a) Each redevelopment agency constitutes a public body, corporate and politic,exercising public and essential governmental functions, and has all the powersnecessary and convenient to carry out and effectuate the purposes andprovisions of chapters 31 – 33 of this title, including the powersenumerated in this section in addition to others granted by these chapters:

   (1) To sue and be sued; to borrow money; to compromise andsettle claims; to have a seal; and to make and execute contracts and otherinstruments necessary or convenient to the exercise of its powers.

   (2) To make, and, from time to time, amend and repeal bylaws,rules, and regulations, consistent with chapters 31 – 33 of this title, tocarry into effect the powers and purposes of these chapters.

   (3) To select and appoint officers, agents, counsel, andemployees, permanent and temporary, as it may require, and determine theirqualifications, duties, and compensation.

   (4) Within the redevelopment area or for purposes ofredevelopment: to purchase, lease, obtain an option upon, acquire by gift,grant, bequest, devise, or otherwise, any real or personal property, or anyestate or interest in it, together with any improvements on it; to acquire bythe exercise of the power of eminent domain any real property or any estate orinterest in it, although temporarily not required to achieve the purposes ofchapters 31 – 33 of this title; to clear, demolish, or remove any and allbuildings, structures, or other improvements from any real property soacquired; to rehabilitate or otherwise improve any or all substandardbuildings, structures, or other improvements; to insure or provide for theinsurance of any real or personal property or operations of the agency againstrisk or hazard; and to rent, maintain, rehabilitate, improve, manage, operate,repair, and clear the property.

   (5) To develop as a building site or sites any real propertyowned or acquired by it.

   (6) To cause streets and highways to be laid out and graded,and pavements or other road surfacing, sidewalks, and curbs, public utilitiesof every kind, parks, playgrounds, and other recreational areas, off streetparking areas and other public improvements to be constructed and installed.

   (7) To prepare or have prepared all plans necessary for theredevelopment of blighted and substandard areas; with the consent and approvalof the community planning commission, to carry on and perform, for and onbehalf of the commission, all or any part of the planning activities andfunctions within the community; to undertake and perform, for the community,industrial, commercial, and family relocation services; to obtain appraisalsand title searches; to make investigations, studies, and surveys of physical,economic, and social conditions and trends pertaining to a community; todevelop, test, and report methods and techniques and carry out research andother activities for the prevention and the elimination of blighted andsubstandard conditions and to apply for, accept, and utilize grants of fundsfrom the federal government and other sources for those purposes; and to enterupon any building or property in any redevelopment area in order to makeinvestigations, studies, and surveys, and, in the event entry is denied orresisted, an agency may petition the superior court in and for the county inwhich the land lies for an order for this purpose. Upon the filing of apetition, due notice of it shall be served on the person denying or resistingentry, and after a hearing on the petition, the court shall enter an ordergranting or denying the petition.

   (8) To undertake technical assistance to property owners andother private persons to encourage, implement, and facilitate voluntaryimprovement of real property.

   (9) To undertake and carry out code enforcement projectspursuant to the provisions of appropriate federal legislation.

   (10) To invest any funds held in reserves or sinking funds orany funds not required for immediate disbursement, in property or securities inwhich savings banks may legally invest funds subject to their control; and topurchase its bonds at a price not more than the principal amount and accruedinterest, all bonds so purchased to be cancelled.

   (11) To lend money, and to sell, lease, exchange, subdivide,transfer, assign, pledge, encumber (by mortgage, deed of trust, or otherwise),or otherwise dispose of any real or personal property or any estate or interestin it acquired under the provisions of chapters 31 – 33 of this title, tothe United States, the state government, any state public body, or any privatecorporation, firm, or individual at its fair value for uses in accordance withthe redevelopment plan, irrespective of the cost of acquiring and preparing theproperty for redevelopment. In determining the fair value of the property foruses in accordance with the redevelopment plan, the agency shall take intoaccount, and give consideration to, the uses and purposes required by the plan,the restrictions upon, and the obligations assumed by the purchaser or lesseeof the property, and the objectives of the redevelopment plan for theprevention of the recurrence of blighted and substandard conditions. Any leaseor sale of the property may be made without public bidding provided, that nosale or lease is made until at least ten (10) days after the legislative bodyof the community has received from the agency a report concerning the proposedsale or lease.

   (12) To obligate the purchaser or lessee of any real orpersonal property or any estate or interest in it to:

   (i) Use the property only for the purpose and in the mannerstated in the redevelopment plan;

   (ii) Begin and complete the construction or rehabilitation ofany structure or improvement within a period of time which the agency fixes asreasonable; and

   (iii) Comply with other conditions that in the opinion of theagency are necessary to prevent the recurrence of blighted and substandardconditions and otherwise to carry out the purposes of chapters 31 – 33 ofthis title. The agency, by contractual provisions, may make any of thepurchasers' or lessees' obligations, covenants, or conditions running with theland, and may provide that, upon breach thereof, the fee reverts to the agency.

   (13) To exercise all or any part or combination of the powersgranted in this chapter.

   (b) Nothing contained in this chapter authorizes an agency toconstruct any new buildings for residential, commercial, or industrial usescontemplated by the redevelopment plan.

   (c) Nothing contained in this chapter authorizes an agency toretain for a period in excess of five (5) years from the date of acquisition,or within another additional period of time that the legislative body fixes asreasonable, the fee or any estate or interest in it to any building, structure,or other improvement, not demolished or otherwise removed, which has beenacquired by the agency in accordance with the redevelopment plan.

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-32 > 45-32-5

SECTION 45-32-5

   § 45-32-5  Corporate powers of agencies.– (a) Each redevelopment agency constitutes a public body, corporate and politic,exercising public and essential governmental functions, and has all the powersnecessary and convenient to carry out and effectuate the purposes andprovisions of chapters 31 – 33 of this title, including the powersenumerated in this section in addition to others granted by these chapters:

   (1) To sue and be sued; to borrow money; to compromise andsettle claims; to have a seal; and to make and execute contracts and otherinstruments necessary or convenient to the exercise of its powers.

   (2) To make, and, from time to time, amend and repeal bylaws,rules, and regulations, consistent with chapters 31 – 33 of this title, tocarry into effect the powers and purposes of these chapters.

   (3) To select and appoint officers, agents, counsel, andemployees, permanent and temporary, as it may require, and determine theirqualifications, duties, and compensation.

   (4) Within the redevelopment area or for purposes ofredevelopment: to purchase, lease, obtain an option upon, acquire by gift,grant, bequest, devise, or otherwise, any real or personal property, or anyestate or interest in it, together with any improvements on it; to acquire bythe exercise of the power of eminent domain any real property or any estate orinterest in it, although temporarily not required to achieve the purposes ofchapters 31 – 33 of this title; to clear, demolish, or remove any and allbuildings, structures, or other improvements from any real property soacquired; to rehabilitate or otherwise improve any or all substandardbuildings, structures, or other improvements; to insure or provide for theinsurance of any real or personal property or operations of the agency againstrisk or hazard; and to rent, maintain, rehabilitate, improve, manage, operate,repair, and clear the property.

   (5) To develop as a building site or sites any real propertyowned or acquired by it.

   (6) To cause streets and highways to be laid out and graded,and pavements or other road surfacing, sidewalks, and curbs, public utilitiesof every kind, parks, playgrounds, and other recreational areas, off streetparking areas and other public improvements to be constructed and installed.

   (7) To prepare or have prepared all plans necessary for theredevelopment of blighted and substandard areas; with the consent and approvalof the community planning commission, to carry on and perform, for and onbehalf of the commission, all or any part of the planning activities andfunctions within the community; to undertake and perform, for the community,industrial, commercial, and family relocation services; to obtain appraisalsand title searches; to make investigations, studies, and surveys of physical,economic, and social conditions and trends pertaining to a community; todevelop, test, and report methods and techniques and carry out research andother activities for the prevention and the elimination of blighted andsubstandard conditions and to apply for, accept, and utilize grants of fundsfrom the federal government and other sources for those purposes; and to enterupon any building or property in any redevelopment area in order to makeinvestigations, studies, and surveys, and, in the event entry is denied orresisted, an agency may petition the superior court in and for the county inwhich the land lies for an order for this purpose. Upon the filing of apetition, due notice of it shall be served on the person denying or resistingentry, and after a hearing on the petition, the court shall enter an ordergranting or denying the petition.

   (8) To undertake technical assistance to property owners andother private persons to encourage, implement, and facilitate voluntaryimprovement of real property.

   (9) To undertake and carry out code enforcement projectspursuant to the provisions of appropriate federal legislation.

   (10) To invest any funds held in reserves or sinking funds orany funds not required for immediate disbursement, in property or securities inwhich savings banks may legally invest funds subject to their control; and topurchase its bonds at a price not more than the principal amount and accruedinterest, all bonds so purchased to be cancelled.

   (11) To lend money, and to sell, lease, exchange, subdivide,transfer, assign, pledge, encumber (by mortgage, deed of trust, or otherwise),or otherwise dispose of any real or personal property or any estate or interestin it acquired under the provisions of chapters 31 – 33 of this title, tothe United States, the state government, any state public body, or any privatecorporation, firm, or individual at its fair value for uses in accordance withthe redevelopment plan, irrespective of the cost of acquiring and preparing theproperty for redevelopment. In determining the fair value of the property foruses in accordance with the redevelopment plan, the agency shall take intoaccount, and give consideration to, the uses and purposes required by the plan,the restrictions upon, and the obligations assumed by the purchaser or lesseeof the property, and the objectives of the redevelopment plan for theprevention of the recurrence of blighted and substandard conditions. Any leaseor sale of the property may be made without public bidding provided, that nosale or lease is made until at least ten (10) days after the legislative bodyof the community has received from the agency a report concerning the proposedsale or lease.

   (12) To obligate the purchaser or lessee of any real orpersonal property or any estate or interest in it to:

   (i) Use the property only for the purpose and in the mannerstated in the redevelopment plan;

   (ii) Begin and complete the construction or rehabilitation ofany structure or improvement within a period of time which the agency fixes asreasonable; and

   (iii) Comply with other conditions that in the opinion of theagency are necessary to prevent the recurrence of blighted and substandardconditions and otherwise to carry out the purposes of chapters 31 – 33 ofthis title. The agency, by contractual provisions, may make any of thepurchasers' or lessees' obligations, covenants, or conditions running with theland, and may provide that, upon breach thereof, the fee reverts to the agency.

   (13) To exercise all or any part or combination of the powersgranted in this chapter.

   (b) Nothing contained in this chapter authorizes an agency toconstruct any new buildings for residential, commercial, or industrial usescontemplated by the redevelopment plan.

   (c) Nothing contained in this chapter authorizes an agency toretain for a period in excess of five (5) years from the date of acquisition,or within another additional period of time that the legislative body fixes asreasonable, the fee or any estate or interest in it to any building, structure,or other improvement, not demolished or otherwise removed, which has beenacquired by the agency in accordance with the redevelopment plan.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-32 > 45-32-5

SECTION 45-32-5

   § 45-32-5  Corporate powers of agencies.– (a) Each redevelopment agency constitutes a public body, corporate and politic,exercising public and essential governmental functions, and has all the powersnecessary and convenient to carry out and effectuate the purposes andprovisions of chapters 31 – 33 of this title, including the powersenumerated in this section in addition to others granted by these chapters:

   (1) To sue and be sued; to borrow money; to compromise andsettle claims; to have a seal; and to make and execute contracts and otherinstruments necessary or convenient to the exercise of its powers.

   (2) To make, and, from time to time, amend and repeal bylaws,rules, and regulations, consistent with chapters 31 – 33 of this title, tocarry into effect the powers and purposes of these chapters.

   (3) To select and appoint officers, agents, counsel, andemployees, permanent and temporary, as it may require, and determine theirqualifications, duties, and compensation.

   (4) Within the redevelopment area or for purposes ofredevelopment: to purchase, lease, obtain an option upon, acquire by gift,grant, bequest, devise, or otherwise, any real or personal property, or anyestate or interest in it, together with any improvements on it; to acquire bythe exercise of the power of eminent domain any real property or any estate orinterest in it, although temporarily not required to achieve the purposes ofchapters 31 – 33 of this title; to clear, demolish, or remove any and allbuildings, structures, or other improvements from any real property soacquired; to rehabilitate or otherwise improve any or all substandardbuildings, structures, or other improvements; to insure or provide for theinsurance of any real or personal property or operations of the agency againstrisk or hazard; and to rent, maintain, rehabilitate, improve, manage, operate,repair, and clear the property.

   (5) To develop as a building site or sites any real propertyowned or acquired by it.

   (6) To cause streets and highways to be laid out and graded,and pavements or other road surfacing, sidewalks, and curbs, public utilitiesof every kind, parks, playgrounds, and other recreational areas, off streetparking areas and other public improvements to be constructed and installed.

   (7) To prepare or have prepared all plans necessary for theredevelopment of blighted and substandard areas; with the consent and approvalof the community planning commission, to carry on and perform, for and onbehalf of the commission, all or any part of the planning activities andfunctions within the community; to undertake and perform, for the community,industrial, commercial, and family relocation services; to obtain appraisalsand title searches; to make investigations, studies, and surveys of physical,economic, and social conditions and trends pertaining to a community; todevelop, test, and report methods and techniques and carry out research andother activities for the prevention and the elimination of blighted andsubstandard conditions and to apply for, accept, and utilize grants of fundsfrom the federal government and other sources for those purposes; and to enterupon any building or property in any redevelopment area in order to makeinvestigations, studies, and surveys, and, in the event entry is denied orresisted, an agency may petition the superior court in and for the county inwhich the land lies for an order for this purpose. Upon the filing of apetition, due notice of it shall be served on the person denying or resistingentry, and after a hearing on the petition, the court shall enter an ordergranting or denying the petition.

   (8) To undertake technical assistance to property owners andother private persons to encourage, implement, and facilitate voluntaryimprovement of real property.

   (9) To undertake and carry out code enforcement projectspursuant to the provisions of appropriate federal legislation.

   (10) To invest any funds held in reserves or sinking funds orany funds not required for immediate disbursement, in property or securities inwhich savings banks may legally invest funds subject to their control; and topurchase its bonds at a price not more than the principal amount and accruedinterest, all bonds so purchased to be cancelled.

   (11) To lend money, and to sell, lease, exchange, subdivide,transfer, assign, pledge, encumber (by mortgage, deed of trust, or otherwise),or otherwise dispose of any real or personal property or any estate or interestin it acquired under the provisions of chapters 31 – 33 of this title, tothe United States, the state government, any state public body, or any privatecorporation, firm, or individual at its fair value for uses in accordance withthe redevelopment plan, irrespective of the cost of acquiring and preparing theproperty for redevelopment. In determining the fair value of the property foruses in accordance with the redevelopment plan, the agency shall take intoaccount, and give consideration to, the uses and purposes required by the plan,the restrictions upon, and the obligations assumed by the purchaser or lesseeof the property, and the objectives of the redevelopment plan for theprevention of the recurrence of blighted and substandard conditions. Any leaseor sale of the property may be made without public bidding provided, that nosale or lease is made until at least ten (10) days after the legislative bodyof the community has received from the agency a report concerning the proposedsale or lease.

   (12) To obligate the purchaser or lessee of any real orpersonal property or any estate or interest in it to:

   (i) Use the property only for the purpose and in the mannerstated in the redevelopment plan;

   (ii) Begin and complete the construction or rehabilitation ofany structure or improvement within a period of time which the agency fixes asreasonable; and

   (iii) Comply with other conditions that in the opinion of theagency are necessary to prevent the recurrence of blighted and substandardconditions and otherwise to carry out the purposes of chapters 31 – 33 ofthis title. The agency, by contractual provisions, may make any of thepurchasers' or lessees' obligations, covenants, or conditions running with theland, and may provide that, upon breach thereof, the fee reverts to the agency.

   (13) To exercise all or any part or combination of the powersgranted in this chapter.

   (b) Nothing contained in this chapter authorizes an agency toconstruct any new buildings for residential, commercial, or industrial usescontemplated by the redevelopment plan.

   (c) Nothing contained in this chapter authorizes an agency toretain for a period in excess of five (5) years from the date of acquisition,or within another additional period of time that the legislative body fixes asreasonable, the fee or any estate or interest in it to any building, structure,or other improvement, not demolished or otherwise removed, which has beenacquired by the agency in accordance with the redevelopment plan.