() New York: The statute states that real property may be acquired by municipalities for or incidental to neighborhood rehabilitation of substandard and insanitary areas, "together with adequate provision for recreational and other facilities appurtenant thereto." (j) Pennsylvania: The statute states that an Authority may arrange or contract with any municipality, the State or the Federal Government, with or without consideration, for the furnishing, opening, and closing of streets or other places, or facilities, property, or services, including the provision of parks, recreational centers, schools, and public utilities, and that the State or any public body may furnish customary improvements, facilities, and services without charge. (k) Wisconsin: The statute states that "in relation to the location and extent of public works and utilities, public buildings and other public uses in the general plan or in a project area plan, the planning commission is directed to confer with such other public officials, boards, authorities ana agencies under whose administrative jurisdiction such uses respectively fall." 4. Federal, State, or muncipal grants or loans (a) Alabama: A redevelopment agency is authorized to borrow money or accept grants from the Federal Government for or in aid of the clearance of slums, and to take over any land acquired by the Federal Government for the construction of a housing project. (b) California: A redevelopment agency is authorized to borrow money or accept financial or other assistance from the Federal or State Governments for or in aid of any redevelopment project, and to such ends comply with any conditions attached thereto. The legislative body of any community may issue and sell its general obligation bonds to obtain money to establish a redevelopment revolving fund. Bonds may be issued in excess of any limitations, by general or special law, as to amount when authorized by ordinance and approved by the voters. Money from this fund may be used for the acquisition of real estate in any redevelopment area or for the clearance and preparation of any redevelopment area. Any property acquired by such fund shall be sold at a price which will return to the fund not less than 90 percent of the money taken out of the fund, except by permission of the voters. The statute authorizes the legislative body of the community to expend funds for administrative expenses of a redevelopment agency, and states that if the plan provides for the expenditure of any money by the community, the legislative body may authorize the same. (c) Colorado: The statute states that a rehabilitation authority may be authorized "to borrow money and receive grants, and to obtain financial assistance by such other means or methods as may be provided in the development plan"; also, that rehabilitation of a substandard area may be aided by appropriations made by the legislative body of a municipality from its general revenues. (d) Connecticut: Under the terms of the statute a municipality of redevelopment agency may accept grants or other financial assistance from the State or Federal Government, and may do any and all things necessary to secure Federal financial aid, including obligating itself to convey to the Federal Government the project to which the funds are applied upon the occurrence of a substantial default. A redevelopment agency may also accept grants or other financial assistance from the State. (e) Illinois: No specific statutory reference, but apparently affected by Housing Authorities Act, approved May 8, 1945. (f) Indiana: No express provision is made for the acceptance of loans or grants from the Federal or State Governments, but cities are authorized to advance, on a reimbursable basis, a sum for preliminary expenses not exceeding $50,000, none of which may be used for the acquisition of real estate, and the statute states that all "gifts, donations" shall be used for the purposes of the act. (g) Maryland: The redevelopment commission may accept from the Federal Government, the State, the city of Baltimore, or any other source or agency, loans or grants of money for the preparation of redevelopment plans and for the acquisition of land and improvements comprising any redevelopment area. (h) Michigan: "Municipalities are authorized and permitted to accept loans and grants from other Government agencies to finance the purposes of this act." (1) New York: No specific statutory reference. Pennsylvania: An Authority is empowered to accept loans or grants or other financial assistance from the Federal Government and to do any and all things necessary or desirable to secure the financial aid or cooperation of the Federal Government. (k) Wisconsin: "The city may accept grants or other financial assistance from the Federal, State and county governments or from other sources to carry out the purposes of this section, and may do all things necessary to comply with the conditions attached to such grants or loans." IX. GENERAL POWERS OF REDEVELOPMENT AGENCIES 1. Acquisition and disposition of property (a) Alabama: A redevelopment agency may purchase, obtain options upon, or acquire by eminent domain, gift, grant, bequest, or otherwise, any property, real or personal, or any interest therein from any person, firm, corporation, city, or government, for the purpose of clearing slums or blighted areas or for the purpose of planning, constructing, or operating housing projects. It may sell subject to covenants of development, construction and use in accordance with the redevelopment plan, all the real property within the area, except such as it may transfer to the municipality or agency thereof for public use (except public housing), with or without compensation, which is needed for public use and has been designated for such use under the redevelopment plan. (b) California: Within any redevelopment area or for purposes of redevelopment, a redevelopment agency may purchase, lease, acquire by gift, grant, bequest, or otherwise, any real or personal propefty or interest therein, including improvements; clear the site; subdivide, sell, lease, exchange, mortgage or otherwise dispose of real or personal property. (c) Colorado: A rehabilitation authority may be authorized by ordinance to acquire land in the area by purchase, gift, condemnation, or otherwise, and to sell, or give long term leases on all or any part of the property (except the public grounds) to a reconstruction agency to improve in accordance with the redevelopment plan. (d) Connecticut: Within a reasonable time after approval of a plan, a redevelopment agency may acquire real property by purchase, exchange, gift, or by eminent domain as indicated above, under section VIII (1). With the approval of the governing body, such property or any part thereof may be sold or leased to a redeveloper, or, if to be used for public purposes, to a public agency. Consideration for the sale or lease shall be determined by the redevelopment agency, provided that if the cost or carrying charges of the land to the redevelopment agency is greater than such consideration, specific authorization from the governing body of the municipality must be obtained for the sale or lease at any lesser consideration. (e) Illinois: Subject to the approval of the State housing board, housing authorities may acquire real property which may be exchanged with or sold or leased (1) to limited-dividend housing corporations; (2) to neighborhood redevelopment corporations; (3) to insurance companies pursuant to section 125 of the Illinois Insurance Code; and (4) to any individual or corporation presenting an adequate plan for the redevelopment of such property. With similar approval, land clearance commissions may acquire real property. Such property acquired by a land clearance commission shall, within 5 years after its acquisition, unless disposition is found detrimental by the State housing board, be transferred, sold or leased to (1) a county, municipality, town or village for park or other public purposes; (2) limited-dividend housing corporations; (3) neighborhood redevelopment corporations; (4) insurance companies (as above indicated); (5) housing authorities; (6) any individual or corporation representing an adequate plan for the redevelopment of such property. (f) Indiana: The commissioners are authorized to acquire by purchase, grant, lease or condemnation any real estate or personal property needed for the redevelopment of blighted areas located within the corporate limits of the city or within 1,000 feet of such corporate limits in unincorporated territory; and may sell or lease such property for use in the redevelopment of blighted areas, under conditions prescribed by the statute. Property for public use may be conveyed to governmental agencies for public use with or without compensation. All deeds and leases or other conveyances shall be executed in the name of the city. (g) Maryland: Without power to use the faith and credit of the city or State, the redevelopment commission may acquire by purchase, lease, or condemnation real estate in any redevelopment area for redevelopment in accordance with the redevelopment plan; may preserve for, sell or lease such real estate to the United States, the State, the city, or any department or agency of said governments; and may sell or lease such real estate, not required for public purposes, to persons, firms, and corporations, "at prices consistent with the new uses," but only after the board of estimates has been satisfied as to the financial and legal ability of such lessees or grantees to carry out the purposes of the statute. (h) Michigan: Municipalities are authorized to acquire the fee-simple title in real property by purchase, gift, exchange, condemnation or otherwise, and such property as will not be used for public purposes shall be sold, leased or exchanged to private persons, companies, corporations, or urban redevelopment corporations for use in accordance with the limitations and conditions provided in the redevelopment plan. (2) New York: Municipal corporations are authorized to acquire by purchase, gift, devise, lease, condemnation or otherwise, real property necessary for or incidental to the clearance, replanning, reconstruction, and neighborhood rehabilitation of substandard and insanitary areas. No reference is made to the subject of disposition of such property. (j) Pennsylvania: An authority is authorized to assemble, purchase, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property from any person, firm, corporation, municipality, or government, and to acquire real property by eminent domain. It may sell, lease or otherwise transfer, with approval of the local governing body, any redevelopment area as an entirety to a single redeveloper or in parts to several redevelopers. (k) Wisconsin: Cities are empowered to acquire real property by purchase, exchange, gift, dedication, or eminent domain; and after it has been assembled to lease or sell such property. Planning commissions are also authorized, with approval of the local legislative body, to lease or sell parts of project areas. 2. Issuance of obligations (a) Alabama: A redevelopment agency is authorized to borrow money upon its bonds (including refunding bonds), notes, warrants, debentures, or other evidences of indebtedness and to secure same by pledge of any income or revenues of the agency. Bonds shall mature within 60 years and bear interest at a rate not exceeding 6 per centum per annum. (b) California: With the approval of the State commissioner of corporations, a redevelopment agency may issue bonds (including refunding bonds), payable from income and revenues, including funds made available by the Federal or State Governments. (c) Colorado: Bonds or debentures (either with or without general municipal liability) may be issued by a redevelopment authority and secured by mortgage or the proceeds of rent from the property; but general liability bonds may be issued only after being authorized in the manner provided by general law or municipal charter. (d) Connecticut: Any municipality may issue bonds for the purposes of the statute in accordance with its charter or the statutory provisions governing the creation of debt. (e) Illinois: The statute is silent with respect to the issuance of obligations. However, it appropriates $10,000,000 from State funds to carry out the purposes of the statute. (f) Indiana: The statute is silent with respect to the issuance of obligations, but does provide for the annual levying of special taxes upon real and personal property to provide funds for carrying out the purposes of the statute. (g) Maryland: The statute authorizes the commission to "petition for and accept" loans or grants of money from any source. (h) Michigan: Municipalities are authorized to issue genera obligation bonds or revenue bonds, or negotiable promissory notes for the purpose of providing funds for carrying out the purposes of the statute. But all such bonds or notes issued shall be subject to the approval of the municipal finance commission. (2) New York: No specific statutory reference. (j) Pennsylvania: An authority may, with approval of the department of internal affairs, issue bonds under the procedure set forth in the statutes. Bonds may be secured by a pledge of any revenues, including grants of contributions from the State or Federal Government, or any agency thereof, or by mortgage of any property of the authority. They shall bear interest at a rate not exceeding 6 per centum per annum. (k) Wisconsin: No specific statutory reference, but the city is authorized to "accept grants or other financial assistance". 3. Encumbering of property (a) Alabama: A redevelopment agency has no power to mortgage any of its real or personal property, except when a project is financed in whole or in part by a government it has power to mortgage all or any part of its property, real or personal, then owned or thereafter acquired. (b) California: A redevelopment agency is authorized to encumber any of its property by mortgage, deed of trust, or otherwise. (c) Colorado: The property of a rehabilitation authority may be mortgaged. (d) Connecticut: No reference is made to the mortgaging of property by a redevelopment agency, but it may, in order to secure financial aid from the Federal Government, obligate itself in any contract to convey to the Federal Government the project to which such contract relates upon the occurrence of a substantial default. (e) Illinois: No specific statutory reference, but may be affected by the "Housing Authorities Act," approved May 8, 1945. (f) Indiana: No specific statutory reference. Pennsylvania: An authority is authorized to mortgage all or any part of its real or personal property then owned or thereafter acquired to secure payment of its bonds or other obligations. (k) Wisconsin: No express reference is made to mortgages, but a city "may do all things necessary to comply with the conditions attached" to grants or loans from the Federal, State, or county governments. 4. Development of site (a) Alabama: A redevelopment agency is authorized to assemble and to clear the land within a redevelopment area, retaining such buildings which have a useful life as may fit into the plan, and to grade and drain the area, install streets, sidewalks, gutters, etc., "and utilities in conformity with the plan.' (b) California: A redevelopment agency is authorized to develop as a building site or sites any real property owned or acquired by it, or to cause streets to be laid out, graded, and paved, and public utilities of every kind to be constructed and installed. (c) Colorado: A rehabilitation authority may be authorized to remove or cause to be removed some or all of the existing structures in an area, to vacate existing plats of the area and to replat the same, and to provide streets, plavgrounds, parks, and other needful public improvements. (d) Connecticut: A redevelopment agency is authorized to clear property which it acquires and make site improvements essential to preparation for its use in accordance with the redevelopment plan. (e) Illinois: The statute states that the funds granted may be applied to any "purposes necessary for clearance of slum and blight areas." (f) Indiana: The commissioners are authorized to clear and replan the area, to arrange for needed improvements thereof, and contracts for clearance may provide that the contractor shall be entitled to retain and dispose of salvaged material as a part of the contract price or on the basis of stated prices for the amounts of materials actually salvaged. (g) Maryland: The statute states that the commission may accept loans or grants of money "for the acquisition of land and improvements comprising any redevelopment area." (h) Michigan: The statute refers to action by the municipality with respect to "the acquisition and clearance of land in a redevelopment area reserved for private uses." (i) New York: The "clearance" of substandard and insanitary areas is authorized. (j) Pennsylvania: An authority is authorized to assemble, clear, and improve any real property acquired by it for redevelopment purposes. (k) Wisconsin: Planning commissions are authorized, with the approval of the local legislative bodies, to have demolished existing structures or to clear the area, or to specify the demolition and clearance to be performed by a lessee or purchaser; also, to facilitate disposition of a project area a city has "power to include in the cost payable by it the cost of the construction of local streets and sidewalks within the area or of grading and other local public surface or subsurface facilities necessary for shaping the area as the site of the redevelopment of the area." 5. Control of land reuse (a) Alabama: The sale of property by a redevelopment agency shall be subject to covenants of use in accordance with the redevelopment plan and such covenants are to run with the land. (b) California: A redevelopment agency is authorized to obligate lessees or purchasers of land acquired by it in a redevelopment project (1) to use such land for the purposes designated in the redevelopment plan; (2) to begin the redevelopment within a specified reasonable time; and (3) to comply with such other conditions as are deemed necessary by the redevelopment agency in order to carry out the purposes of the statute. By contract the agency may make any of the purchaser's obligations, covenants, or conditions running with the land, whose breach shall cause the fee to revert to the agency. The statute provides that nothing contained in it "shall authorize such redevelopment agency to construct any of the buildings for residential, commercial, industrial, or other use contemplated by the redevelopment plan, or to acquire, without the consent of the owner, any real property on which buildings are located, where such buildings at to be continued in their present form and use under the redevelopment plan." (b) Colorado: The statute provides that it shall be the duty of an authority to keep informed as to the performance of any reconstruction agency of its obligations in the redevelopment of an area, and that the authority shall take any legal or other action deemed advisable in case the reconstruction agency shall fail in the performance of its obligations. (d) Connecticut: The statute provides that each contract for the sale or lease to a redeveloper shall provide, among other things, that the property shall be developed and used in accordance with the redevelopment plan, that all transfers of properties by the redeveloper shall be subject to the consent of the redevelopment agency. Any such contract may provide, among other things, (a) that the properties shall be maintained in accordance with the redevelopment plan; (b) that the redevelopment agency shall have the right of inspection; and (c) that the redeveloper, as security for its fulfilment of the contract, shall make a cash deposit or give a bond or other guaranty as may be deemed necessary by the redevelopment agency. (e) Illinois: See provisions of the laws applicable to lessees or grantees enumerated under 1, supra, of this section IX. (f) Indiana: The statute provides that property acquired may be disposed of "on such terms and conditions as the commissioners shall determine to be for the best interests of the city and its inhabitants." (g) Maryland: The redevelopment commission shall require in any sale or lease of land to any private person, firm, or corporation appropriate covenants and restrictions to maintain the standards of population density, property maintenance, type of land use and other standards established in the act, and such covenants and restrictions shall be made binding on subsequent transferees, purchasers, lessees, or other successors in interest. (h) Michigan: It is provided in the statute that the sale, lease, or exchange of property "shall be under terms and conditions fixed by the local legislative body and shall contain provisions that the development plan for the property shall be carried out." (i) New York: Under the terms of the statute the property acquired will be used by the municipality for the rehabilitation of substandard and insanitary areas, together with adequate provision for recreational and other facilities appurtenant thereto. (j) Pennsylvania: The statute provides that the contract between the authority and the redeveloper shall contain a statement of such continuing controls, which shall run with the land, as may be deemed necessary to effectuate the purposes of the statute, including a prohibition against discrimination in the use, sale, or lease of any property against any person because of race, color, religion, or national origin. (k) Wisconsin: Every lease or sale instrument shall provide that the lessee or purchaser shall carry out or cause to be carried out the approved project area redevelopment plan, and that no use shall be made of any land or real property involved which does not conform to the approved plan. Such instruments may include such other terms, conditions and provisions as are deemed necessary to assure conformance to the plan, including obligations of conformance with the plan which shall run with the land. In the event that maximum rentals to be charged to tenants of housing be specified, provision may be made for periodic reconsideration of such rental bases. A purchaser shall have no power to convey property without the consent and approval of the planning commission and the local legislative body, and no consent shall be given unless the grantee obligates itself or himself, including successors in interest, to carry out the provisions of the plan. No lien or other interest shall be placed upon any real property in an area by a lessee or purchaser to secure any indebtedness or obligation. |