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 279.438 is hereby amended to read as follows: 279.438 A redevelopment plan adopted before July 1, 1987, and any2-23
amendments to the plan must terminate at the end of the fiscal year in2-24
which the principal and interest of the last maturing of the securities issued2-25
before that date are fully paid or2-26
years after the date on which the original redevelopment plan was2-27
adopted, whichever is later.2-28
Sec. 4. NRS 279.468 is hereby amended to read as follows: 279.468 An agency may:2-30
1. From time to time prepare plans for the improvement, rehabilitation2-31
and redevelopment of blighted areas.2-32
2. Disseminate redevelopment information.2-33
3. Accept financial or other assistance from any public or private2-34
source, for the agency’s activities, powers and duties, and expend any funds2-35
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 a2-37
residential plan for the neighborhood or appoint an advisory council for2-38
redevelopment and delegate the authority to create the residential plan to2-39
the advisory council. A residential plan created by an advisory council2-40
must be approved by the agency, and each residential plan created2-41
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 government3-1
for use by an advisory council in carrying out a residential plan approved3-2
by the agency.3-3
Sec. 5. NRS 279.470 is hereby amended to read as follows: 279.470 Within the redevelopment area or for purposes of3-5
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 property3-8
and any improvements thereon.3-9
2.3-10
acquire real property by eminent domain.3-11
3. Clear buildings, structures or other improvements from any real3-12
property acquired.3-13
4. Sell, lease, exchange, subdivide, transfer, assign, pledge, encumber3-14
by mortgage, deed of trust or otherwise, or otherwise dispose of any real or3-15
personal property or any interest in property.3-16
5. Insure or provide for the insurance of any real or personal property3-17
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: 279.478 1. An agency shall provide assistance for relocation and3-21
shall make all3-22
the regulations adopted by the director of the department of transportation3-23
pursuant3-24
federal financial assistance is received to pay all or any part of the cost of3-25
that program or project.3-26
2. This section does not limit any other authority which an agency may3-27
have to make other payments for assistance for relocation or to make any3-28
payment for that assistance which exceeds the amount authorized in3-29
regulations adopted by the director of the department of transportation3-30
pursuant to chapter 342 of NRS .3-31
Sec. 7. NRS 279.482 is hereby amended to read as follows: 279.482 1. An agency may obligate lessees or purchasers of property3-33
acquired in a redevelopment project to:3-34
(a) Use the property for the purpose designated in the redevelopment3-35
plans.3-36
(b) Begin the redevelopment of the area within a period of time which3-37
the agency fixes as reasonable.3-38
(c) Comply with other conditions which the agency deems necessary to3-39
carry out the purposes of NRS 279.382 to 279.685, inclusive3-40
including, without limitation, the provisions of an employment plan or a3-41
contract approved for a redevelopment project.4-1
2. As appropriate for the particular project, each proposal for a4-2
redevelopment project must also include an employment plan. The4-3
employment plan must include:4-4
(a) A description of the existing opportunities for employment within4-5
the area;4-6
(b) A projection of the effect that the redevelopment project will have4-7
on opportunities for employment within the area; and4-8
(c) A description of the manner in which an employer relocating his4-9
business into the area plans to employ persons living within the area of4-10
operation who are:4-11
(1) Economically disadvantaged;4-12
(2) Physically handicapped;4-13
(3) Members of racial minorities;4-14
(4) Veterans; or4-15
(5) Women.4-16
Sec. 8. NRS 279.566 is hereby amended to read as follows: 279.566 1. Every redevelopment plan must provide for the4-18
participation and assistance in the redevelopment of property in the4-19
redevelopment area by the owners of all or part of that property if the4-20
owners agree to participate in conformity with the redevelopment plan4-21
adopted by the legislative body for the area.4-22
2. With respect to each redevelopment area, each agency shall, before4-23
the adoption of the redevelopment plan, adopt and make available for4-24
public inspection rules to implement the operation of this section in4-25
connection with that plan.4-26
3. Every redevelopment plan must contain4-27
redevelopment of the property if the owners fail to participate in the4-28
redevelopment .4-29
Sec. 9. NRS 279.680 is hereby amended to read as follows: 279.6804-31
redevelopment plan, or in the proceedings for the advance of money, or the4-32
making of loans, or the incurring of any indebtedness, whether funded,4-33
refunded, assumed or otherwise, by the redevelopment agency to finance or4-34
refinance, in whole or in part, the redevelopment project, the portion of4-35
taxes mentioned in paragraph (b) of subsection 1 of NRS 279.676 may be4-36
irrevocably pledged for the payment of the principal of and interest on4-37
those loans, advances or indebtedness.4-38
Sec. 10. NRS 279.685 is hereby amended to read as follows: 279.685 1. Except as otherwise provided in4-40
section, an agency of a city whose population is 200,000 or more that4-41
receives revenue from taxes pursuant to paragraph (b) of subsection 1 of4-42
NRS 279.676 shall set aside not less than 15 percent of that revenue4-43
received on or before October 1, 1999, and 18 percent of that revenue5-1
received after October 1, 1999, to increase, improve and preserve the5-2
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 of5-4
the revenue from taxes allocated to and received by the agency pursuant to5-5
paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any5-6
existing obligations of the agency. As used in this subsection, "existing5-7
obligations" means the principal and interest, when due, on any bonds,5-8
notes or other indebtedness whether funded, refunded, assumed or5-9
otherwise incurred by the agency before July 1, 1993, to finance or5-10
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 after5-12
July 1, 1993, shall be deemed existing obligations if the net proceeds are5-13
used to refinance existing obligations of the agency.5-14
3. The obligation of an agency to set aside an additional 3 percent of5-15
the revenue from taxes allocated to and received by the agency pursuant5-16
to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any5-17
existing obligations of the agency. As used in this subsection, "existing5-18
obligations" means the principal and interest, when due, on any bonds,5-19
notes or other indebtedness whether funded, refunded, assumed or5-20
otherwise incurred by the agency before October 1, 1999, to finance or5-21
refinance in whole or in part, the redevelopment of a redevelopment5-22
area. For the purposes of this subsection, obligations incurred by an5-23
agency after October 1, 1999, shall be deemed existing obligations if the5-24
net proceeds are used to refinance existing obligations of the agency.5-25
4. The agency may expend or otherwise commit money for the5-26
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: 342.045 Before undertaking a project that will result in the5-29
displacement of a natural person or a business, each governmental body , or5-30
person acting on behalf of, under contract with or in cooperation with5-31
the governmental body, shall adopt policies pursuant to NRS 342.015 to5-32
342.075, inclusive, to provide relocation assistance and make relocation5-33
payments to each person , whether an owner or a tenant, who is displaced5-34
from his dwelling or business establishment as a result of the acquisition of5-35
property in a manner substantially similar to and in amounts equal to or5-36
greater than those which are provided for in the federal Uniform Relocation5-37
Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.§§ 4601-4655, and the regulations adopted pursuant thereto.
Nothing in5-38
this section prohibits the payment of relocation benefits to a renter or5-39
lessee of real property whose tenancy is from month to month.~