Assembly Amendment to Assembly Bill No. 306 (BDR 22-15)
Proposed by: Committee on Government Affairs
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, by deleting line 2 and inserting:
"a new section to read as follows:
1. In a county whose population is 100,000 or more, an agency may exercise the power of eminent domain to acquire property for a redevelopment project only if:
(a) The property sought to be acquired is necessary to carry out the redevelopment plan;
(b) The agency has adopted a resolution of necessity that complies with the requirements set forth in subsection 2; and
(c) The agency has made every reasonable effort to negotiate the purchase of the property.
2. A resolution of necessity required pursuant to paragraph (b) of subsection 1 must set forth:
(a) A statement that the property will be acquired for purposes of redevelopment as authorized pursuant to subsection 17 of NRS 37.010 and subsection 2 of NRS 279.470;
(b) A reasonably detailed description of the property to be acquired;
(c) A finding by the agency that the public interest and necessity require the acquisition of the property;
(d) A finding by the agency that acquisition of the property will be the option for redevelopment that is most compatible with the greatest public good and the least private injury; and
(e) A finding by the agency that acquisition of the property is necessary for purposes of redevelopment.
3. After an agency adopts a resolution of necessity, the resolution so adopted and the findings set forth in the resolution are final and conclusive and are not subject to judicial review unless credible evidence is adduced to suggest that the resolution or the findings set forth therein were procured through bribery or fraud.".
Amend the bill as a whole by deleting sections 2 and 3 and renumbering sections 4 and 5 as sections 2 and 3.
Amend sec. 4, page 2, line 16, by deleting:
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sections 2 and 3" and inserting "section 1".Amend sec. 5, page 2, lines 26 and 27, by deleting:
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and are a menace to the public health, safety or welfare".Amend the bill as a whole by deleting sections 6 and 7, renumbering sec. 8 as sec. 6 and adding new sections designated sections 4 and 5, following sec. 5, to read as follows:
"Sec. 4. NRS 279.438 is hereby amended to read as follows:
Sec. 5. NRS 279.468 is hereby amended to read as follows:
1. From time to time prepare plans for the improvement, rehabilitation and redevelopment of blighted areas.
2. Disseminate redevelopment information.
3. Accept financial or other assistance from any public or private source, for the agency’s activities, powers and duties, and expend any funds so received for any of the purposes of NRS 279.382 to 279.685, inclusive.
4. For each neighborhood within the redevelopment area, create a residential plan for the neighborhood or appoint an advisory council for redevelopment and delegate the authority to create the residential plan to the advisory council. A residential plan created by an advisory council must be approved by the agency, and each residential plan created pursuant to this subsection must include a financing plan.
5. Include in its budget all money received from any source, including, without limitation, money received from a local government for use by an advisory council in carrying out a residential plan approved by the agency.".
Amend sec. 8, page 4, line 22, by deleting "section 2" and inserting "section 1".
Amend the bill as a whole by deleting sec. 9 and renumbering sections 10 through 15 as sections 7 through 12.
Amend sec. 12, page 6, line 5, after "participation" by inserting "and assistance".
Amend sec. 12, page 6, line 6, by deleting:
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.Amend sec. 12, page 6, by deleting lines 8 through 10 and inserting:
"legislative body for the area.".
Amend sec. 14, page 6, by deleting lines 28 through 35 and inserting:
"279.685 1. Except as otherwise provided in
Amend sec. 14, page 7, by deleting lines 6 through 11 and inserting:
"3. The obligation of an agency to set aside an additional 3 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, "existing obligations"".
Amend sec. 14, page 7, line 14, by deleting "July" and inserting "October".
Amend sec. 14, page 7, line 16, by deleting "July" and inserting "October".
Amend sec. 15, page 7, line 32, after "thereto." by inserting:
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Nothing in this section prohibits the payment of relocation benefits to a renter or lessee of real property whose tenancy is from month to month.".Amend the bill as a whole by deleting sections 16 and 17.
Amend the title of the bill by deleting the first through seventh lines and inserting:
"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".