Sec. 8-125. Definitions.
Sec. 8-125. Definitions. As used in this chapter:
(1) "Redevelopment" means improvement by the rehabilitation or demolition of
structures, by the construction of new structures, improvements or facilities, by the
location or relocation of streets, parks and utilities, by replanning or by two or more of
these methods;
(2) "Redevelopment area" means an area within the state that is deteriorated, deteriorating, substandard or detrimental to the safety, health, morals or welfare of the community. An area may consist partly or wholly of vacant or unimproved land or of land with
structures and improvements thereon, and may include structures not in themselves
substandard or insanitary which are found to be essential to complete an adequate unit
of development, if the redevelopment area is deteriorated, deteriorating, substandard or
detrimental to the safety, health, morals or welfare of the community. An area may
include properties not contiguous to each other. An area may include all or part of the
territorial limits of any fire district, sewer district, fire and sewer district, lighting district,
village, beach or improvement association or any other district or association, wholly
within a town and having the power to make appropriations or to levy taxes, whether
or not such entity is chartered by the General Assembly;
(3) A "redevelopment plan" means a plan that includes: (A) (i) A description of the
redevelopment area and the condition, type and use of the structures therein, and (ii)
specification of each parcel proposed to be acquired, including parcels to be acquired
by eminent domain; (B) the location and extent of the land uses proposed for and within
the redevelopment area, such as housing, recreation, business, industry, schools, civic
activities, open spaces or other categories of public and private uses; (C) the location
and extent of streets and other public utilities, facilities and works within the redevelopment area; (D) schedules showing the number of families displaced by the proposed
improvement, the method of temporary relocation of such families and the availability
of sufficient suitable living accommodations at prices and rentals within the financial
reach of such families and located within a reasonable distance of the area from which
such families are displaced; (E) present and proposed zoning regulations in the redevelopment area; (F) a description of how the redevelopment area is deteriorated, deteriorating, substandard or detrimental to the safety, health, morals or welfare of the community;
and (G) any other detail including financial aspects of redevelopment which, in the
judgment of the redevelopment agency authorized herein, is necessary to give it adequate
information;
(4) "Planning agency" means the existing city or town plan commission or, if such
agency does not exist or is not created, the legislative body or agency designated by it;
(5) "Redeveloper" means any individual, group of individuals or corporation or
any municipality or other public agency including any housing authority established
pursuant to chapter 128;
(6) "Real property" means land, subterranean or subsurface rights, structures, any
and all easements, air rights and franchises and every estate, right or interest therein; and
(7) "Deteriorated" or "deteriorating" with respect to a redevelopment area means
an area within which at least twenty per cent of the buildings contain one or more building
deficiencies or environmental deficiencies, including, but not limited to: (A) Defects
that warrant clearance; (B) conditions from a defect that are not correctable by normal
maintenance; (C) extensive minor defects that collectively have a negative effect on the
surrounding area; (D) inadequate original construction or subsequent alterations; (E)
inadequate or unsafe plumbing, heating or electrical facilities; (F) overcrowding or improper location of structures on land; (G) excessive density of dwelling units; (H) conversion of incompatible types of uses, such as conversion of a structure located near
family dwelling units to rooming houses; (I) obsolete building types, such as large residences or other buildings which because of lack of use or maintenance have a blighting
influence; (J) detrimental land uses or conditions, such as incompatible uses, structures
in mixed use, or adverse influences from noise, smoke or fumes; (K) unsafe, congested,
poorly designed, or otherwise deficient streets; (L) inadequate public utilities or community facilities that contribute to unsatisfactory living conditions or economic decline;
or (M) other equally significant building deficiencies or environmental deficiencies.
(1949 Rev., S. 979; 1953, 1955, S. 484d; 1957, P.A. 13, S. 51; 1959, P.A. 397, S. 2; 1967, P.A. 880; 1972, P.A. 99, S.
1; P.A. 07-141, S. 5; 07-207, S. 1.)
History: 1959 act added "deteriorating" in Subdiv. (b); 1967 act amended Subsec. (b) to allow inclusion of all or parts
of listed types of districts and associations and others in areas whether or not such districts and associations are chartered
by general assembly; 1972 act added Subsec. (f) defining "real property"; P.A. 07-141 redesignated Subsecs. (a) to (f) as
Subdivs. (1) to (6) and redefined "redevelopment area" and "redevelopment plan", effective October 1, 2007, and applicable
to redevelopment plans adopted on or after that date; P.A. 07-207 added Subdiv. (7) defining "deteriorated" or "deteriorating" with respect to a redevelopment area, effective October 1, 2007, and applicable to redevelopment plans adopted on
or after that date.
Subsec. (b):
Inclusion within area of certain properties which are not substandard does not constitute unreasonable or arbitrary
action because it is condition obtaining as to entire area and not as to individual properties which is determinative. 147 C.
321. Addition of word "deteriorating" indicates legislative intent that subsection is to be liberally construed. Id. Cited. 148
C. 517. In determination whether property which is not substandard is essential to plan of redevelopment, condition
obtaining as to entire area and not as to individual properties is determinative. Condition of plaintiff's buildings and use
to which they are devoted have significance on question whether they could be successfully integrated into overall plan
for area in order to achieve its objective. If they could not be, then acquisition of the property was essential to complete
an adequate unit of development, even though the property was not, in itself, substandard. 150 C. 42. Property that is not
substandard and is the subject of a taking within a redevelopment area must be essential to the redevelopment plan in order
for the agency to justify its taking. 259 C. 592.
Legislature has delegated to redevelopment agencies power to determine what properties are necessary to take in order
to accomplish public policy behind redevelopment. 85 CA 38.
Subsec. (f):
Real property for purpose of taking includes every structure affixed to the soil so as to become part of real estate. 173
C. 525.