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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to community redevelopment; restricting the power of eminent domain of a redevelopment agency in certain counties; revising the definition of a blighted area; authorizing the creation of advisory councils for redevelopment within redevelopment areas; authorizing the funding of such councils; revising the provisions governing the setting aside of money for low income housing in certain cities; making various changes relating to relocation benefits; and providing other matters properly relating thereto.

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 a

1-2 new section to read as follows:

1-3 1. In a county whose population is 100,000 or more, an agency may

1-4 exercise the power of eminent domain to acquire property for a

1-5 redevelopment project only if:

1-6 (a) The property sought to be acquired is necessary to carry out the

1-7 redevelopment plan;

1-8 (b) The agency has adopted a resolution of necessity that complies

1-9 with the requirements set forth in subsection 2; and

1-10 (c) The agency has made every reasonable effort to negotiate the

1-11 purchase of the property.

1-12 2. A resolution of necessity required pursuant to paragraph (b) of

1-13 subsection 1 must set forth:

2-1 (a) A statement that the property will be acquired for purposes of

2-2 redevelopment as authorized pursuant to subsection 17 of NRS 37.010

2-3 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 necessity

2-6 require the acquisition of the property;

2-7 (d) A finding by the agency that acquisition of the property will be the

2-8 option for redevelopment that is most compatible with the greatest public

2-9 good and the least private injury; and

2-10 (e) A finding by the agency that acquisition of the property is

2-11 necessary for purposes of redevelopment.

2-12 3. After an agency adopts a resolution of necessity, the resolution so

2-13 adopted and the findings set forth in the resolution are final and

2-14 conclusive and are not subject to judicial review unless credible evidence

2-15 is adduced to suggest that the resolution or the findings set forth therein

2-16 were procured through bribery or fraud.

2-17 Sec. 2. NRS 279.382 is hereby amended to read as follows:

2-18 279.382 The provisions contained in NRS 279.382 to 279.685,

2-19 inclusive, and section 1 of this act may be cited as the Community

2-20 Redevelopment Law.

2-21 Sec. 3. NRS 279.388 is hereby amended to read as follows:

2-22 279.388 "Blighted area" means an area which is characterized by one

2-23 or more of the following factors:

2-24 1. The existence of buildings and structures, used or intended to be

2-25 used for residential, commercial, industrial or other purposes, or any

2-26 combination thereof, which are unfit or unsafe for those purposes and are

2-27 conducive to ill health, transmission of disease, infant mortality, juvenile

2-28 delinquency or crime , or which retard the development of adequate

2-29 housing or constitute an economic or social liability in their present

2-30 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 spaces

2-35 and recreational facilities ; [.]

2-36 (e) Age, obsolescence, deterioration, dilapidation, mixed character or

2-37 shifting of uses [.] ; or

2-38 (f) An inability to pay for improvements to such buildings and

2-39 structures through a general improvement district or because of an

2-40 inadequate tax base.

3-1 2. An economic dislocation, deterioration or disuse, resulting from

3-2 faulty planning.

3-3 3. The subdividing and sale of lots of irregular form and shape and

3-4 inadequate size for proper usefulness and development.

3-5 4. The laying out of lots [in] :

3-6 (a) In disregard of the contours and other physical characteristics of the

3-7 ground and surrounding conditions [.] ; or

3-8 (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 social

3-12 and economic maladjustment to such an extent that the capacity to pay

3-13 taxes is reduced and tax receipts are inadequate for the cost of public

3-14 services rendered.

3-15 8. A growing or total lack of proper utilization of some parts of the

3-16 area, resulting in a stagnant and unproductive condition of land which is

3-17 potentially useful and valuable for contributing to the public health, safety

3-18 and welfare.

3-19 9. A loss of population and a reduction of proper use of some parts of

3-20 the area, resulting in its further deterioration and added costs to the

3-21 taxpayer for the creation of new public facilities and services elsewhere.

3-22 10. Delinquency of taxes or special assessments exceeding the fair

3-23 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 by

3-26 fire or other causes.

3-27 Sec. 4. NRS 279.438 is hereby amended to read as follows:

3-28 279.438 A redevelopment plan adopted before July 1, 1987, and any

3-29 amendments to the plan must terminate at the end of the fiscal year in

3-30 which the principal and interest of the last maturing of the securities issued

3-31 before that date are fully paid or [at the time provided in NRS 279.439,] 45

3-32 years after the date on which the original redevelopment plan was

3-33 adopted, whichever is later.

3-34 Sec. 5. NRS 279.468 is hereby amended to read as follows:

3-35 279.468 An agency may:

3-36 1. From time to time prepare plans for the improvement, rehabilitation

3-37 and redevelopment of blighted areas.

3-38 2. Disseminate redevelopment information.

3-39 3. Accept financial or other assistance from any public or private

3-40 source, for the agency’s activities, powers and duties, and expend any funds

3-41 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 a

4-2 residential plan for the neighborhood or appoint an advisory council for

4-3 redevelopment and delegate the authority to create the residential plan to

4-4 the advisory council. A residential plan created by an advisory council

4-5 must be approved by the agency, and each residential plan created

4-6 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 government

4-9 for use by an advisory council in carrying out a residential plan approved

4-10 by the agency.

4-11 Sec. 6. NRS 279.470 is hereby amended to read as follows:

4-12 279.470 Within the redevelopment area or for purposes of

4-13 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 property

4-16 and any improvements thereon.

4-17 2. [Acquire] Except as otherwise provided in section 1 of this act,

4-18 acquire real property by eminent domain.

4-19 3. Clear buildings, structures or other improvements from any real

4-20 property acquired.

4-21 4. Sell, lease, exchange, subdivide, transfer, assign, pledge, encumber

4-22 by mortgage, deed of trust or otherwise, or otherwise dispose of any real or

4-23 personal property or any interest in property.

4-24 5. Insure or provide for the insurance of any real or personal property

4-25 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:

4-28 279.478 1. An agency shall provide assistance for relocation and

4-29 shall make all [of] the payments required [in] by chapter 342 of NRS and

4-30 the regulations adopted by the director of the department of transportation

4-31 pursuant [to NRS 342.005] thereto for programs or projects for which

4-32 federal financial assistance is received to pay all or any part of the cost of

4-33 that program or project.

4-34 2. This section does not limit any other authority which an agency may

4-35 have to make other payments for assistance for relocation or to make any

4-36 payment for that assistance which exceeds the amount authorized in

4-37 regulations adopted by the director of the department of transportation

4-38 pursuant to chapter 342 of NRS . [342.105.]

4-39 Sec. 8. NRS 279.482 is hereby amended to read as follows:

4-40 279.482 1. An agency may obligate lessees or purchasers of property

4-41 acquired in a redevelopment project to:

4-42 (a) Use the property for the purpose designated in the redevelopment

4-43 plans.

5-1 (b) Begin the redevelopment of the area within a period of time which

5-2 the agency fixes as reasonable.

5-3 (c) Comply with other conditions which the agency deems necessary to

5-4 carry out the purposes of NRS 279.382 to 279.685, inclusive [.] ,

5-5 including, without limitation, the provisions of an employment plan or a

5-6 contract approved for a redevelopment project.

5-7 2. As appropriate for the particular project, each proposal for a

5-8 redevelopment project must also include an employment plan. The

5-9 employment plan must include:

5-10 (a) A description of the existing opportunities for employment within

5-11 the area;

5-12 (b) A projection of the effect that the redevelopment project will have

5-13 on opportunities for employment within the area; and

5-14 (c) A description of the manner in which an employer relocating his

5-15 business into the area plans to employ persons living within the area of

5-16 operation who are:

5-17 (1) Economically disadvantaged;

5-18 (2) Physically handicapped;

5-19 (3) Members of racial minorities;

5-20 (4) Veterans; or

5-21 (5) Women.

5-22 Sec. 9. NRS 279.566 is hereby amended to read as follows:

5-23 279.566 1. Every redevelopment plan must provide for the

5-24 participation and assistance in the redevelopment of property in the

5-25 redevelopment area by the owners of all or part of that property if the

5-26 owners agree to participate in conformity with the redevelopment plan

5-27 adopted by the legislative body for the area.

5-28 2. With respect to each redevelopment area, each agency shall, before

5-29 the adoption of the redevelopment plan, adopt and make available for

5-30 public inspection rules to implement the operation of this section in

5-31 connection with that plan.

5-32 3. Every redevelopment plan must contain [alternative] provisions for

5-33 redevelopment of the property if the owners fail to participate in the

5-34 redevelopment . [as agreed.]

5-35 Sec. 10. NRS 279.680 is hereby amended to read as follows:

5-36 279.680 [In] Except as otherwise provided in NRS 279.685, in any

5-37 redevelopment plan, or in the proceedings for the advance of money, or the

5-38 making of loans, or the incurring of any indebtedness, whether funded,

5-39 refunded, assumed or otherwise, by the redevelopment agency to finance or

5-40 refinance, in whole or in part, the redevelopment project, the portion of

5-41 taxes mentioned in paragraph (b) of subsection 1 of NRS 279.676 may be

5-42 irrevocably pledged for the payment of the principal of and interest on

5-43 those loans, advances or indebtedness.

6-1 Sec. 11. NRS 279.685 is hereby amended to read as follows:

6-2 279.685 1. Except as otherwise provided in [subsection 2 or 3,] this

6-3 section, an agency of a city whose population is 200,000 or more that

6-4 receives revenue from taxes pursuant to paragraph (b) of subsection 1 of

6-5 NRS 279.676 shall set aside not less than 15 percent of that revenue

6-6 received on or before October 1, 1999, and 18 percent of that revenue

6-7 received after October 1, 1999, to increase, improve and preserve the

6-8 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 of

6-10 the revenue from taxes allocated to and received by the agency pursuant to

6-11 paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any

6-12 existing obligations of the agency. As used in this subsection, "existing

6-13 obligations" means the principal and interest, when due, on any bonds,

6-14 notes or other indebtedness whether funded, refunded, assumed or

6-15 otherwise incurred by the agency before July 1, 1993, to finance or

6-16 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 after

6-18 July 1, 1993, shall be deemed existing obligations if the net proceeds are

6-19 used to refinance existing obligations of the agency.

6-20 3. The obligation of an agency to set aside an additional 3 percent of

6-21 the revenue from taxes allocated to and received by the agency pursuant

6-22 to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any

6-23 existing obligations of the agency. As used in this subsection, "existing

6-24 obligations" means the principal and interest, when due, on any bonds,

6-25 notes or other indebtedness whether funded, refunded, assumed or

6-26 otherwise incurred by the agency before October 1, 1999, to finance or

6-27 refinance in whole or in part, the redevelopment of a redevelopment

6-28 area. For the purposes of this subsection, obligations incurred by an

6-29 agency after October 1, 1999, shall be deemed existing obligations if the

6-30 net proceeds are used to refinance existing obligations of the agency.

6-31 4. The agency may expend or otherwise commit money for the

6-32 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:

6-34 342.045 Before undertaking a project that will result in the

6-35 displacement of a natural person or a business, each governmental body , or

6-36 person acting on behalf of, under contract with or in cooperation with

6-37 the governmental body, shall adopt policies pursuant to NRS 342.015 to

6-38 342.075, inclusive, to provide relocation assistance and make relocation

6-39 payments to each person , whether an owner or a tenant, who is displaced

6-40 from his dwelling or business establishment as a result of the acquisition of

6-41 property in a manner substantially similar to and in amounts equal to or

6-42 greater than those which are provided for in the federal Uniform Relocation

6-43 Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.

§§ 4601-4655, and the regulations adopted pursuant thereto. Nothing in

7-1 this section prohibits the payment of relocation benefits to a renter or

7-2 lessee of real property whose tenancy is from month to month.

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