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; 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 279.438 is hereby amended to read as follows:

2-22 279.438 A redevelopment plan adopted before July 1, 1987, and any

2-23 amendments to the plan must terminate at the end of the fiscal year in

2-24 which the principal and interest of the last maturing of the securities issued

2-25 before that date are fully paid or [at the time provided in NRS 279.439,] 45

2-26 years after the date on which the original redevelopment plan was

2-27 adopted, whichever is later.

2-28 Sec. 4. NRS 279.468 is hereby amended to read as follows:

2-29 279.468 An agency may:

2-30 1. From time to time prepare plans for the improvement, rehabilitation

2-31 and redevelopment of blighted areas.

2-32 2. Disseminate redevelopment information.

2-33 3. Accept financial or other assistance from any public or private

2-34 source, for the agency’s activities, powers and duties, and expend any funds

2-35 so received for any of the purposes of NRS 279.382 to 279.685, inclusive.

2-36 4. For each neighborhood within the redevelopment area, create a

2-37 residential plan for the neighborhood or appoint an advisory council for

2-38 redevelopment and delegate the authority to create the residential plan to

2-39 the advisory council. A residential plan created by an advisory council

2-40 must be approved by the agency, and each residential plan created

2-41 pursuant to this subsection must include a financing plan.

2-42 5. Include in its budget all money received from any source,

2-43 including, without limitation, money received from a local government

3-1 for use by an advisory council in carrying out a residential plan approved

3-2 by the agency.

3-3 Sec. 5. NRS 279.470 is hereby amended to read as follows:

3-4 279.470 Within the redevelopment area or for purposes of

3-5 redevelopment an agency may:

3-6 1. Purchase, lease, obtain option upon, acquire by gift, grant, bequest,

3-7 devise or otherwise, any real or personal property, any interest in property

3-8 and any improvements thereon.

3-9 2. [Acquire] Except as otherwise provided in section 1 of this act,

3-10 acquire real property by eminent domain.

3-11 3. Clear buildings, structures or other improvements from any real

3-12 property acquired.

3-13 4. Sell, lease, exchange, subdivide, transfer, assign, pledge, encumber

3-14 by mortgage, deed of trust or otherwise, or otherwise dispose of any real or

3-15 personal property or any interest in property.

3-16 5. Insure or provide for the insurance of any real or personal property

3-17 or operations of the agency against risks or hazards.

3-18 6. Rent, maintain, manage, operate, repair and clear such real property.

3-19 Sec. 6. NRS 279.478 is hereby amended to read as follows:

3-20 279.478 1. An agency shall provide assistance for relocation and

3-21 shall make all [of] the payments required [in] by chapter 342 of NRS and

3-22 the regulations adopted by the director of the department of transportation

3-23 pursuant [to NRS 342.005] thereto for programs or projects for which

3-24 federal financial assistance is received to pay all or any part of the cost of

3-25 that program or project.

3-26 2. This section does not limit any other authority which an agency may

3-27 have to make other payments for assistance for relocation or to make any

3-28 payment for that assistance which exceeds the amount authorized in

3-29 regulations adopted by the director of the department of transportation

3-30 pursuant to chapter 342 of NRS . [342.105.]

3-31 Sec. 7. NRS 279.482 is hereby amended to read as follows:

3-32 279.482 1. An agency may obligate lessees or purchasers of property

3-33 acquired in a redevelopment project to:

3-34 (a) Use the property for the purpose designated in the redevelopment

3-35 plans.

3-36 (b) Begin the redevelopment of the area within a period of time which

3-37 the agency fixes as reasonable.

3-38 (c) Comply with other conditions which the agency deems necessary to

3-39 carry out the purposes of NRS 279.382 to 279.685, inclusive [.] ,

3-40 including, without limitation, the provisions of an employment plan or a

3-41 contract approved for a redevelopment project.

4-1 2. As appropriate for the particular project, each proposal for a

4-2 redevelopment project must also include an employment plan. The

4-3 employment plan must include:

4-4 (a) A description of the existing opportunities for employment within

4-5 the area;

4-6 (b) A projection of the effect that the redevelopment project will have

4-7 on opportunities for employment within the area; and

4-8 (c) A description of the manner in which an employer relocating his

4-9 business into the area plans to employ persons living within the area of

4-10 operation who are:

4-11 (1) Economically disadvantaged;

4-12 (2) Physically handicapped;

4-13 (3) Members of racial minorities;

4-14 (4) Veterans; or

4-15 (5) Women.

4-16 Sec. 8. NRS 279.566 is hereby amended to read as follows:

4-17 279.566 1. Every redevelopment plan must provide for the

4-18 participation and assistance in the redevelopment of property in the

4-19 redevelopment area by the owners of all or part of that property if the

4-20 owners agree to participate in conformity with the redevelopment plan

4-21 adopted by the legislative body for the area.

4-22 2. With respect to each redevelopment area, each agency shall, before

4-23 the adoption of the redevelopment plan, adopt and make available for

4-24 public inspection rules to implement the operation of this section in

4-25 connection with that plan.

4-26 3. Every redevelopment plan must contain [alternative] provisions for

4-27 redevelopment of the property if the owners fail to participate in the

4-28 redevelopment . [as agreed.]

4-29 Sec. 9. NRS 279.680 is hereby amended to read as follows:

4-30 279.680 [In] Except as otherwise provided in NRS 279.685, in any

4-31 redevelopment plan, or in the proceedings for the advance of money, or the

4-32 making of loans, or the incurring of any indebtedness, whether funded,

4-33 refunded, assumed or otherwise, by the redevelopment agency to finance or

4-34 refinance, in whole or in part, the redevelopment project, the portion of

4-35 taxes mentioned in paragraph (b) of subsection 1 of NRS 279.676 may be

4-36 irrevocably pledged for the payment of the principal of and interest on

4-37 those loans, advances or indebtedness.

4-38 Sec. 10. NRS 279.685 is hereby amended to read as follows:

4-39 279.685 1. Except as otherwise provided in [subsection 2 or 3,] this

4-40 section, an agency of a city whose population is 200,000 or more that

4-41 receives revenue from taxes pursuant to paragraph (b) of subsection 1 of

4-42 NRS 279.676 shall set aside not less than 15 percent of that revenue

4-43 received on or before October 1, 1999, and 18 percent of that revenue

5-1 received after October 1, 1999, to increase, improve and preserve the

5-2 number of dwelling units in the community for low-income households.

5-3 2. The obligation of an agency to set aside not less than 15 percent of

5-4 the revenue from taxes allocated to and received by the agency pursuant to

5-5 paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any

5-6 existing obligations of the agency. As used in this subsection, "existing

5-7 obligations" means the principal and interest, when due, on any bonds,

5-8 notes or other indebtedness whether funded, refunded, assumed or

5-9 otherwise incurred by the agency before July 1, 1993, to finance or

5-10 refinance in whole or in part, the redevelopment of a redevelopment area.

5-11 For the purposes of this subsection, obligations incurred by an agency after

5-12 July 1, 1993, shall be deemed existing obligations if the net proceeds are

5-13 used to refinance existing obligations of the agency.

5-14 3. The obligation of an agency to set aside an additional 3 percent of

5-15 the revenue from taxes allocated to and received by the agency pursuant

5-16 to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any

5-17 existing obligations of the agency. As used in this subsection, "existing

5-18 obligations" means the principal and interest, when due, on any bonds,

5-19 notes or other indebtedness whether funded, refunded, assumed or

5-20 otherwise incurred by the agency before October 1, 1999, to finance or

5-21 refinance in whole or in part, the redevelopment of a redevelopment

5-22 area. For the purposes of this subsection, obligations incurred by an

5-23 agency after October 1, 1999, shall be deemed existing obligations if the

5-24 net proceeds are used to refinance existing obligations of the agency.

5-25 4. The agency may expend or otherwise commit money for the

5-26 purposes of subsection 1 outside the boundaries of the redevelopment area.

5-27 Sec. 11. NRS 342.045 is hereby amended to read as follows:

5-28 342.045 Before undertaking a project that will result in the

5-29 displacement of a natural person or a business, each governmental body , or

5-30 person acting on behalf of, under contract with or in cooperation with

5-31 the governmental body, shall adopt policies pursuant to NRS 342.015 to

5-32 342.075, inclusive, to provide relocation assistance and make relocation

5-33 payments to each person , whether an owner or a tenant, who is displaced

5-34 from his dwelling or business establishment as a result of the acquisition of

5-35 property in a manner substantially similar to and in amounts equal to or

5-36 greater than those which are provided for in the federal Uniform Relocation

5-37 Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.

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

5-38 this section prohibits the payment of relocation benefits to a renter or

5-39 lessee of real property whose tenancy is from month to month.

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