§5115. Transfer, sale or lease of real property in urban renewal area








1. Sale or lease of property. 
The authority, for the purpose of this chapter, may sell or lease for such sums
as may be agreed upon all or any part of a renewal area to the redeveloper or, if
the property is to be used for public purposes, to any appropriate public agency.





A. The authority shall determine the consideration paid for the sale or lease of the
property, and the municipality may appropriate and authorize the expenditure of money
to compensate for any portion of the difference between the acquisition cost of the
property and the sale or lease price of the property at a lesser consideration to
the redeveloper.





(1) A sale or lease price may not be lower than the use value of the property, unless
the sale or lease is to a public agency to be used for public purposes. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]

















B. Each contract for sale or lease to a redeveloper must provide, among other things,
that:





(1) The property transferred will be developed and used in accordance with the renewal
plan or that plan as modified with the authority's approval;








(2) The building of the improvements will be begun within a period of time which
the authority fixes as reasonable; and








(3) All transfers of properties by the redeveloper will be subject to the consent
of the authority until construction or improvements are completed. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]

















C. The municipal officers must approve any contract for sale or lease before its final
approval by the authority. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]











[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]








2. Temporary operation by authority. 
The authority may temporarily operate and maintain real property in a renewal project
area pending the disposition of the property for renewal, without regard to subsection
1, for any uses and purposes that are considered desirable even though not in conformity
with the renewal plan.


[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]








3. Federally designated development areas. 
Notwithstanding any other provisions of this chapter, where the municipality is
located in an area designated as a redevelopment area under the United States Area
Redevelopment Act, Public Law 87-27, the public body or corporation for redevelopment
may, in accordance with the urban renewal plan, dispose of land in an urban renewal
project area designated under the urban renewal plan for industrial or commercial
uses to any public body or nonprofit corporation for subsequent disposition as promptly
as practicable. Only the purchaser from or lessee of the public body or corporation,
and their assignees, is required to assume the obligation of beginning the construction
of improvements within a reasonable time. Any disposition of land to a public body
or corporation under this subsection must be made at its fair value for uses in accordance
with the urban renewal plan.


[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]








4. Contracts; federal conditions. 
The authority may arrange or contract for the furnishing or repair, by any person
or agency, public or private, of services, privileges, works, streets, roads, public
utilities or other facilities for or in connection with a renewal project. The authority
may agree to any conditions that it considers reasonable and appropriate attached
to federal financial assistance and imposed under federal law relating to the determination
of prevailing salaries or wages or compliance with labor standards, in the undertaking
or carrying out of a renewal project, and may include in any contract let in connection
with such a project provisions to fulfill any of these conditions that it considers
reasonable and appropriate.


[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]








5. Powers; contractual provisions. 
Within its area of operation, the authority may:





A. Purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise or
otherwise any real or personal property, or any interest in property, together with
any improvements on the property, necessary or incidental to a renewal project; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














B. Hold, improve, clear or prepare for urban renewal any property obtained under subsection
1; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














C. Sell, lease, exchange, transfer, assign, subdivide, mortgage, pledge, hypothecate
or otherwise encumber or dispose of any real or personal property or any interest
in property; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














D. Enter into contracts with redevelopers of property containing:





(1) Covenants, restrictions and conditions regarding the use of the property for
residential, commercial, industrial, recreational purposes or for public purposes
in accordance with the renewal plan; and








(2) Any other covenants, restrictions and conditions that the authority considers
necessary to prevent a recurrence of slum or blighted areas or to accomplish the purposes
of this chapter; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]

















E. Make any of the covenants, restrictions or conditions of the foregoing contracts
or covenants running with the land, and may provide appropriate remedies for any breach
of these covenants or conditions, including the authority's right to terminate the
contracts and any interest in the property created under the contracts; [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














F. Insure or provide for the insurance of any real or personal property or operations
of the authority against any risks or hazards, including the power to pay premiums
on any such insurance; and [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














G. Enter into any contracts necessary to accomplish the purposes of this chapter. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]











[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]








6. General authority. 
The authority may exercise all or any part or combination of powers granted.


[
1987, c. 737, Pt. A, §2 (NEW);
1987, c. 737, Pt. C, §106 (NEW);
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD)
.]





SECTION HISTORY

1987, c. 737, §§A2,C106 (NEW).
1989, c. 6, (AMD).
1989, c. 9, §2 (AMD).
1989, c. 104, §§C8,10 (AMD).