A. An authority shall not implement any redevelopment plan under this lawuntil the governing body of the locality has approved the redevelopment plan,which provides an outline for the development or redevelopment of theredevelopment area and is sufficiently complete to indicate (i) itsrelationship to definite local objectives as to appropriate land uses andimproved traffic, public transportation, public utilities, recreational andcommunity facilities and other public improvements; (ii) proposed land usesand building requirements in the redevelopment area; (iii) the land in theredevelopment area that the authority does not intend to acquire; (iv) theland in the redevelopment area that will be made available after acquisitionto nongovernmental persons or entities for redevelopment and that land whichwill be made available after acquisition to public enterprise forredevelopment; (v) anticipated funding sources that may be sufficient toacquire all property designated for acquisition within five years of thelocality's approval; and (vi) the method for the temporary relocation ofpersons living in the redevelopment areas; and also the method for providing(unless already available) decent, safe and sanitary dwellings in thelocality substantially equal in number to the number of substandard dwellingsto be cleared from the redevelopment area, at rents within the financialreach of the income groups displaced from such substandard dwellings. Anylocality is hereby authorized to approve redevelopment plans through theirgoverning body or agency designated for that purpose.
B. No sooner than thirty months or later than thirty-six months following thedate of the locality's approval of the redevelopment plan (hereinafter calledthe "approval date"), the locality shall review and determine by resolutionwhether to reaffirm the redevelopment plan. Where the locality fails toreaffirm the redevelopment plan, any real property within the redevelopmentarea that has not been acquired by the authority, or for which a petition incondemnation has not been filed by the authority, prior to the date ofadoption of such resolution by the locality (hereinafter called the"termination date") shall no longer be eligible for acquisition by theauthority unless the authority and the property owner mutually agree to theacquisition, in which case the authority shall be specifically empowered toacquire the property. For purposes of this section, a mediation requestsubmitted by either the authority or the property owner, in accordance with §36-27, prior to the termination date shall preserve the authority's right tofile a petition in condemnation relating to such real property for a periodof six months after the termination date.
C. Where the locality reaffirms the redevelopment plan, the authority shallcontinue to be authorized to acquire real property within the redevelopmentarea by purchase, or through the institution of eminent domain proceedings inaccordance with § 36-27, until the fifth anniversary of the approval date.Any real property within the redevelopment area that has not been acquired bythe authority, or for which a petition in condemnation has not been filed bythe authority, prior to the fifth anniversary of the approval date, shall nolonger be eligible for acquisition by the authority unless the authority andthe property owner mutually agree to the acquisition, in which case theauthority shall be specifically empowered to acquire the property. Forpurposes of this section, a mediation request submitted by either theauthority or the property owner, in accordance with § 36-27, prior to thefifth anniversary of the approval date, shall preserve the authority's rightto file a petition in condemnation relating to the real property for a periodof six months after the fifth anniversary of the approval date.
D. Notwithstanding the provisions of this section, a locality shall not beprecluded from adopting a new redevelopment plan, in accordance with thissection, which designates a redevelopment area that includes real propertythat was previously included within a redevelopment area under a previouslyadopted redevelopment plan.
E. If the authority decides against acquiring real property designated foracquisition under an approved redevelopment plan after having made a writtenpurchase offer to the owner of the property, it shall, upon the writtenrequest of the property owner given no later than one year after the date ofwritten notice from the authority to the property owner of its decision notto acquire his property, reimburse the owner of the property his reasonableexpenses incurred in connection with the proposed acquisition of hisproperty. Reasonable expenses shall include, but are not limited to,reasonable fees of attorneys and appraisers or other experts necessary toestablish the value of the property to be appraised.
(1946, p. 279; Michie Suppl. 1946, § 3145(8d); 2001, c. 729; 2006, c. 784.)
A. An authority shall not implement any redevelopment plan under this lawuntil the governing body of the locality has approved the redevelopment plan,which provides an outline for the development or redevelopment of theredevelopment area and is sufficiently complete to indicate (i) itsrelationship to definite local objectives as to appropriate land uses andimproved traffic, public transportation, public utilities, recreational andcommunity facilities and other public improvements; (ii) proposed land usesand building requirements in the redevelopment area; (iii) the land in theredevelopment area that the authority does not intend to acquire; (iv) theland in the redevelopment area that will be made available after acquisitionto nongovernmental persons or entities for redevelopment and that land whichwill be made available after acquisition to public enterprise forredevelopment; (v) anticipated funding sources that may be sufficient toacquire all property designated for acquisition within five years of thelocality's approval; and (vi) the method for the temporary relocation ofpersons living in the redevelopment areas; and also the method for providing(unless already available) decent, safe and sanitary dwellings in thelocality substantially equal in number to the number of substandard dwellingsto be cleared from the redevelopment area, at rents within the financialreach of the income groups displaced from such substandard dwellings. Anylocality is hereby authorized to approve redevelopment plans through theirgoverning body or agency designated for that purpose.
B. No sooner than thirty months or later than thirty-six months following thedate of the locality's approval of the redevelopment plan (hereinafter calledthe "approval date"), the locality shall review and determine by resolutionwhether to reaffirm the redevelopment plan. Where the locality fails toreaffirm the redevelopment plan, any real property within the redevelopmentarea that has not been acquired by the authority, or for which a petition incondemnation has not been filed by the authority, prior to the date ofadoption of such resolution by the locality (hereinafter called the"termination date") shall no longer be eligible for acquisition by theauthority unless the authority and the property owner mutually agree to theacquisition, in which case the authority shall be specifically empowered toacquire the property. For purposes of this section, a mediation requestsubmitted by either the authority or the property owner, in accordance with §36-27, prior to the termination date shall preserve the authority's right tofile a petition in condemnation relating to such real property for a periodof six months after the termination date.
C. Where the locality reaffirms the redevelopment plan, the authority shallcontinue to be authorized to acquire real property within the redevelopmentarea by purchase, or through the institution of eminent domain proceedings inaccordance with § 36-27, until the fifth anniversary of the approval date.Any real property within the redevelopment area that has not been acquired bythe authority, or for which a petition in condemnation has not been filed bythe authority, prior to the fifth anniversary of the approval date, shall nolonger be eligible for acquisition by the authority unless the authority andthe property owner mutually agree to the acquisition, in which case theauthority shall be specifically empowered to acquire the property. Forpurposes of this section, a mediation request submitted by either theauthority or the property owner, in accordance with § 36-27, prior to thefifth anniversary of the approval date, shall preserve the authority's rightto file a petition in condemnation relating to the real property for a periodof six months after the fifth anniversary of the approval date.
D. Notwithstanding the provisions of this section, a locality shall not beprecluded from adopting a new redevelopment plan, in accordance with thissection, which designates a redevelopment area that includes real propertythat was previously included within a redevelopment area under a previouslyadopted redevelopment plan.
E. If the authority decides against acquiring real property designated foracquisition under an approved redevelopment plan after having made a writtenpurchase offer to the owner of the property, it shall, upon the writtenrequest of the property owner given no later than one year after the date ofwritten notice from the authority to the property owner of its decision notto acquire his property, reimburse the owner of the property his reasonableexpenses incurred in connection with the proposed acquisition of hisproperty. Reasonable expenses shall include, but are not limited to,reasonable fees of attorneys and appraisers or other experts necessary toestablish the value of the property to be appraised.
(1946, p. 279; Michie Suppl. 1946, § 3145(8d); 2001, c. 729; 2006, c. 784.)
A. An authority shall not implement any redevelopment plan under this lawuntil the governing body of the locality has approved the redevelopment plan,which provides an outline for the development or redevelopment of theredevelopment area and is sufficiently complete to indicate (i) itsrelationship to definite local objectives as to appropriate land uses andimproved traffic, public transportation, public utilities, recreational andcommunity facilities and other public improvements; (ii) proposed land usesand building requirements in the redevelopment area; (iii) the land in theredevelopment area that the authority does not intend to acquire; (iv) theland in the redevelopment area that will be made available after acquisitionto nongovernmental persons or entities for redevelopment and that land whichwill be made available after acquisition to public enterprise forredevelopment; (v) anticipated funding sources that may be sufficient toacquire all property designated for acquisition within five years of thelocality's approval; and (vi) the method for the temporary relocation ofpersons living in the redevelopment areas; and also the method for providing(unless already available) decent, safe and sanitary dwellings in thelocality substantially equal in number to the number of substandard dwellingsto be cleared from the redevelopment area, at rents within the financialreach of the income groups displaced from such substandard dwellings. Anylocality is hereby authorized to approve redevelopment plans through theirgoverning body or agency designated for that purpose.
B. No sooner than thirty months or later than thirty-six months following thedate of the locality's approval of the redevelopment plan (hereinafter calledthe "approval date"), the locality shall review and determine by resolutionwhether to reaffirm the redevelopment plan. Where the locality fails toreaffirm the redevelopment plan, any real property within the redevelopmentarea that has not been acquired by the authority, or for which a petition incondemnation has not been filed by the authority, prior to the date ofadoption of such resolution by the locality (hereinafter called the"termination date") shall no longer be eligible for acquisition by theauthority unless the authority and the property owner mutually agree to theacquisition, in which case the authority shall be specifically empowered toacquire the property. For purposes of this section, a mediation requestsubmitted by either the authority or the property owner, in accordance with §36-27, prior to the termination date shall preserve the authority's right tofile a petition in condemnation relating to such real property for a periodof six months after the termination date.
C. Where the locality reaffirms the redevelopment plan, the authority shallcontinue to be authorized to acquire real property within the redevelopmentarea by purchase, or through the institution of eminent domain proceedings inaccordance with § 36-27, until the fifth anniversary of the approval date.Any real property within the redevelopment area that has not been acquired bythe authority, or for which a petition in condemnation has not been filed bythe authority, prior to the fifth anniversary of the approval date, shall nolonger be eligible for acquisition by the authority unless the authority andthe property owner mutually agree to the acquisition, in which case theauthority shall be specifically empowered to acquire the property. Forpurposes of this section, a mediation request submitted by either theauthority or the property owner, in accordance with § 36-27, prior to thefifth anniversary of the approval date, shall preserve the authority's rightto file a petition in condemnation relating to the real property for a periodof six months after the fifth anniversary of the approval date.
D. Notwithstanding the provisions of this section, a locality shall not beprecluded from adopting a new redevelopment plan, in accordance with thissection, which designates a redevelopment area that includes real propertythat was previously included within a redevelopment area under a previouslyadopted redevelopment plan.
E. If the authority decides against acquiring real property designated foracquisition under an approved redevelopment plan after having made a writtenpurchase offer to the owner of the property, it shall, upon the writtenrequest of the property owner given no later than one year after the date ofwritten notice from the authority to the property owner of its decision notto acquire his property, reimburse the owner of the property his reasonableexpenses incurred in connection with the proposed acquisition of hisproperty. Reasonable expenses shall include, but are not limited to,reasonable fees of attorneys and appraisers or other experts necessary toestablish the value of the property to be appraised.
(1946, p. 279; Michie Suppl. 1946, § 3145(8d); 2001, c. 729; 2006, c. 784.)
