Assembly Bill No. 306–Assemblymen Giunchigliani, Buckley, Arberry, Anderson, Bache, Freeman, Tiffany, Parnell, de Braga, Williams, Parks, Segerblom, Collins, Manendo, Ohrenschall and Goldwater
February 23, 1999
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing community redevelopment. (BDR 22-15)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 279 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
1. In a county whose population is 100,000 or more, an agency may1-4
exercise the power of eminent domain to acquire property for a1-5
redevelopment project only if:1-6
(a) The property sought to be acquired is necessary to carry out the1-7
redevelopment plan;1-8
(b) The agency has adopted a resolution of necessity that complies1-9
with the requirements set forth in subsection 2; and1-10
(c) The agency has made every reasonable effort to negotiate the1-11
purchase of the property.1-12
2. A resolution of necessity required pursuant to paragraph (b) of1-13
subsection 1 must set forth:2-1
(a) A statement that the property will be acquired for purposes of2-2
redevelopment as authorized pursuant to subsection 17 of NRS 37.0102-3
and subsection 2 of NRS 279.470;2-4
(b) A reasonably detailed description of the property to be acquired;2-5
(c) A finding by the agency that the public interest and necessity2-6
require the acquisition of the property;2-7
(d) A finding by the agency that acquisition of the property will be the2-8
option for redevelopment that is most compatible with the greatest public2-9
good and the least private injury; and2-10
(e) A finding by the agency that acquisition of the property is2-11
necessary for purposes of redevelopment.2-12
3. After an agency adopts a resolution of necessity, the resolution so2-13
adopted and the findings set forth in the resolution are final and2-14
conclusive and are not subject to judicial review unless credible evidence2-15
is adduced to suggest that the resolution or the findings set forth therein2-16
were procured through bribery or fraud.2-17
Sec. 2. NRS 279.382 is hereby amended to read as follows: 279.382 The provisions contained in NRS 279.382 to 279.685,2-19
inclusive, and section 1 of this act may be cited as the Community2-20
Redevelopment Law.2-21
Sec. 3. NRS 279.388 is hereby amended to read as follows: 279.388 "Blighted area" means an area which is characterized by one2-23
or more of the following factors:2-24
1. The existence of buildings and structures, used or intended to be2-25
used for residential, commercial, industrial or other purposes, or any2-26
combination thereof, which are unfit or unsafe for those purposes and are2-27
conducive to ill health, transmission of disease, infant mortality, juvenile2-28
delinquency or crime , or which retard the development of adequate2-29
housing or constitute an economic or social liability in their present2-30
condition and use, because of one or more of the following factors:2-31
(a) Defective design and character of physical construction ;2-32
(b) Faulty arrangement of the interior and spacing of buildings ;2-33
(c) Overcrowding ;2-34
(d) Inadequate provision for ventilation, light, sanitation, open spaces2-35
and recreational facilities ;2-36
(e) Age, obsolescence, deterioration, dilapidation, mixed character or2-37
shifting of uses2-38
(f) An inability to pay for improvements to such buildings and2-39
structures through a general improvement district or because of an2-40
inadequate tax base.3-1
2. An economic dislocation, deterioration or disuse, resulting from3-2
faulty planning.3-3
3. The subdividing and sale of lots of irregular form and shape and3-4
inadequate size for proper usefulness and development.3-5
4. The laying out of lots3-6
(a) In disregard of the contours and other physical characteristics of the3-7
ground and surrounding conditions3-8
(b) That are faulty in size, accessibility or usefulness.3-9
5. The existence of inadequate streets, open spaces and utilities.3-10
6. The existence of lots or other areas which may be submerged.3-11
7. Prevalence of depreciated values, impaired investments and social3-12
and economic maladjustment to such an extent that the capacity to pay3-13
taxes is reduced and tax receipts are inadequate for the cost of public3-14
services rendered.3-15
8. A growing or total lack of proper utilization of some parts of the3-16
area, resulting in a stagnant and unproductive condition of land which is3-17
potentially useful and valuable for contributing to the public health, safety3-18
and welfare.3-19
9. A loss of population and a reduction of proper use of some parts of3-20
the area, resulting in its further deterioration and added costs to the3-21
taxpayer for the creation of new public facilities and services elsewhere.3-22
10. Delinquency of taxes or special assessments exceeding the fair3-23
market value of the land.3-24
11. Defective or unusual conditions of title.3-25
12. The existence of conditions which endanger life or property by3-26
fire or other causes.3-27
Sec. 4. NRS 279.438 is hereby amended to read as follows: 279.438 A redevelopment plan adopted before July 1, 1987, and any3-29
amendments to the plan must terminate at the end of the fiscal year in3-30
which the principal and interest of the last maturing of the securities issued3-31
before that date are fully paid or3-32
years after the date on which the original redevelopment plan was3-33
adopted, whichever is later.3-34
Sec. 5. NRS 279.468 is hereby amended to read as follows: 279.468 An agency may:3-36
1. From time to time prepare plans for the improvement, rehabilitation3-37
and redevelopment of blighted areas.3-38
2. Disseminate redevelopment information.3-39
3. Accept financial or other assistance from any public or private3-40
source, for the agency’s activities, powers and duties, and expend any funds3-41
so received for any of the purposes of NRS 279.382 to 279.685, inclusive.4-1
4. For each neighborhood within the redevelopment area, create a4-2
residential plan for the neighborhood or appoint an advisory council for4-3
redevelopment and delegate the authority to create the residential plan to4-4
the advisory council. A residential plan created by an advisory council4-5
must be approved by the agency, and each residential plan created4-6
pursuant to this subsection must include a financing plan.4-7
5. Include in its budget all money received from any source,4-8
including, without limitation, money received from a local government4-9
for use by an advisory council in carrying out a residential plan approved4-10
by the agency.4-11
Sec. 6. NRS 279.470 is hereby amended to read as follows: 279.470 Within the redevelopment area or for purposes of4-13
redevelopment an agency may:4-14
1. Purchase, lease, obtain option upon, acquire by gift, grant, bequest,4-15
devise or otherwise, any real or personal property, any interest in property4-16
and any improvements thereon.4-17
2.4-18
acquire real property by eminent domain.4-19
3. Clear buildings, structures or other improvements from any real4-20
property acquired.4-21
4. Sell, lease, exchange, subdivide, transfer, assign, pledge, encumber4-22
by mortgage, deed of trust or otherwise, or otherwise dispose of any real or4-23
personal property or any interest in property.4-24
5. Insure or provide for the insurance of any real or personal property4-25
or operations of the agency against risks or hazards.4-26
6. Rent, maintain, manage, operate, repair and clear such real property.4-27
Sec. 7. NRS 279.478 is hereby amended to read as follows: 279.478 1. An agency shall provide assistance for relocation and4-29
shall make all4-30
the regulations adopted by the director of the department of transportation4-31
pursuant4-32
federal financial assistance is received to pay all or any part of the cost of4-33
that program or project.4-34
2. This section does not limit any other authority which an agency may4-35
have to make other payments for assistance for relocation or to make any4-36
payment for that assistance which exceeds the amount authorized in4-37
regulations adopted by the director of the department of transportation4-38
pursuant to chapter 342 of NRS .4-39
Sec. 8. NRS 279.482 is hereby amended to read as follows: 279.482 1. An agency may obligate lessees or purchasers of property4-41
acquired in a redevelopment project to:4-42
(a) Use the property for the purpose designated in the redevelopment4-43
plans.5-1
(b) Begin the redevelopment of the area within a period of time which5-2
the agency fixes as reasonable.5-3
(c) Comply with other conditions which the agency deems necessary to5-4
carry out the purposes of NRS 279.382 to 279.685, inclusive5-5
including, without limitation, the provisions of an employment plan or a5-6
contract approved for a redevelopment project.5-7
2. As appropriate for the particular project, each proposal for a5-8
redevelopment project must also include an employment plan. The5-9
employment plan must include:5-10
(a) A description of the existing opportunities for employment within5-11
the area;5-12
(b) A projection of the effect that the redevelopment project will have5-13
on opportunities for employment within the area; and5-14
(c) A description of the manner in which an employer relocating his5-15
business into the area plans to employ persons living within the area of5-16
operation who are:5-17
(1) Economically disadvantaged;5-18
(2) Physically handicapped;5-19
(3) Members of racial minorities;5-20
(4) Veterans; or5-21
(5) Women.5-22
Sec. 9. NRS 279.566 is hereby amended to read as follows: 279.566 1. Every redevelopment plan must provide for the5-24
participation and assistance in the redevelopment of property in the5-25
redevelopment area by the owners of all or part of that property if the5-26
owners agree to participate in conformity with the redevelopment plan5-27
adopted by the legislative body for the area.5-28
2. With respect to each redevelopment area, each agency shall, before5-29
the adoption of the redevelopment plan, adopt and make available for5-30
public inspection rules to implement the operation of this section in5-31
connection with that plan.5-32
3. Every redevelopment plan must contain5-33
redevelopment of the property if the owners fail to participate in the5-34
redevelopment .5-35
Sec. 10. NRS 279.680 is hereby amended to read as follows: 279.6805-37
redevelopment plan, or in the proceedings for the advance of money, or the5-38
making of loans, or the incurring of any indebtedness, whether funded,5-39
refunded, assumed or otherwise, by the redevelopment agency to finance or5-40
refinance, in whole or in part, the redevelopment project, the portion of5-41
taxes mentioned in paragraph (b) of subsection 1 of NRS 279.676 may be5-42
irrevocably pledged for the payment of the principal of and interest on5-43
those loans, advances or indebtedness.6-1
Sec. 11. NRS 279.685 is hereby amended to read as follows: 279.685 1. Except as otherwise provided in6-3
section, an agency of a city whose population is 200,000 or more that6-4
receives revenue from taxes pursuant to paragraph (b) of subsection 1 of6-5
NRS 279.676 shall set aside not less than 15 percent of that revenue6-6
received on or before October 1, 1999, and 18 percent of that revenue6-7
received after October 1, 1999, to increase, improve and preserve the6-8
number of dwelling units in the community for low-income households.6-9
2. The obligation of an agency to set aside not less than 15 percent of6-10
the revenue from taxes allocated to and received by the agency pursuant to6-11
paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any6-12
existing obligations of the agency. As used in this subsection, "existing6-13
obligations" means the principal and interest, when due, on any bonds,6-14
notes or other indebtedness whether funded, refunded, assumed or6-15
otherwise incurred by the agency before July 1, 1993, to finance or6-16
refinance in whole or in part, the redevelopment of a redevelopment area.6-17
For the purposes of this subsection, obligations incurred by an agency after6-18
July 1, 1993, shall be deemed existing obligations if the net proceeds are6-19
used to refinance existing obligations of the agency.6-20
3. The obligation of an agency to set aside an additional 3 percent of6-21
the revenue from taxes allocated to and received by the agency pursuant6-22
to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any6-23
existing obligations of the agency. As used in this subsection, "existing6-24
obligations" means the principal and interest, when due, on any bonds,6-25
notes or other indebtedness whether funded, refunded, assumed or6-26
otherwise incurred by the agency before October 1, 1999, to finance or6-27
refinance in whole or in part, the redevelopment of a redevelopment6-28
area. For the purposes of this subsection, obligations incurred by an6-29
agency after October 1, 1999, shall be deemed existing obligations if the6-30
net proceeds are used to refinance existing obligations of the agency.6-31
4. The agency may expend or otherwise commit money for the6-32
purposes of subsection 1 outside the boundaries of the redevelopment area.6-33
Sec. 12. NRS 342.045 is hereby amended to read as follows: 342.045 Before undertaking a project that will result in the6-35
displacement of a natural person or a business, each governmental body , or6-36
person acting on behalf of, under contract with or in cooperation with6-37
the governmental body, shall adopt policies pursuant to NRS 342.015 to6-38
342.075, inclusive, to provide relocation assistance and make relocation6-39
payments to each person , whether an owner or a tenant, who is displaced6-40
from his dwelling or business establishment as a result of the acquisition of6-41
property in a manner substantially similar to and in amounts equal to or6-42
greater than those which are provided for in the federal Uniform Relocation6-43
Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.§§ 4601-4655, and the regulations adopted pursuant thereto.
Nothing in7-1
this section prohibits the payment of relocation benefits to a renter or7-2
lessee of real property whose tenancy is from month to month.~