Sec. 8-127a. Limits on redevelopment agency's use of eminent domain under a redevelopment plan.
               	 		
      Sec. 8-127a. Limits on redevelopment agency's use of eminent domain under 
a redevelopment plan. (a)(1) No real property may be acquired by a redevelopment 
agency by eminent domain pursuant to section 8-128 under a redevelopment plan under 
this chapter for the primary purpose of increasing local tax revenue.
      (2) The redevelopment agency shall conduct a public hearing on any proposed acquisition of real property by eminent domain. The redevelopment agency shall cause 
notice of the time, place and subject of the hearing to be published in a newspaper having 
a substantial circulation in the municipality not more than ten days before the date set 
for the hearing. Not less than ten days before the date of the hearing, the redevelopment 
agency shall send, by first class mail, notice of the time, place and subject of the hearing 
to the owners of record of the real property and to all owners of real property within 
one hundred feet of the real property to be acquired by eminent domain.
      (3) (A) No parcel of real property may be acquired by eminent domain under section 8-128, pursuant to a redevelopment plan under this chapter, except by approval by 
vote of a majority of the members of the redevelopment agency. Such approval shall 
be by (i) separate vote on each parcel of real property to be acquired, or (ii) a vote on 
one or more groups of such parcels, provided each parcel to be acquired is identified 
for the purposes of a vote on a group of such parcels under this subparagraph. The 
redevelopment agency shall not approve the use of eminent domain unless the redevelopment agency has (I) considered the benefits to the public and any private entity that will 
result from the redevelopment project and determined that the public benefits outweigh 
any private benefits, (II) determined that the current use of the real property cannot be 
feasibly integrated into the overall redevelopment plan, and (III) determined that the 
acquisition of the real property by eminent domain is reasonably necessary to successfully achieve the objectives of the redevelopment plan.
      (B) The redevelopment agency shall cause notice of any approved acquisition by 
eminent domain under this subdivision to be published in a newspaper having a substantial circulation in the municipality not more than ten days after such approval.
      (C) (i) The redevelopment agency shall acquire any property identified in the plan 
as property to be acquired by eminent domain by a date that is five years after the date 
the first property is acquired by eminent domain under the plan unless the redevelopment 
agency approves an extension of the time for acquisition, except that no property may 
be acquired by eminent domain under the plan more than ten years after the first property 
is acquired by eminent domain under the plan.
      (ii) With respect to a redevelopment plan for a project that is funded in whole or in 
part by federal funds, the provisions of this subparagraph shall not apply to the extent 
that such provisions are prohibited by federal law.
      (4) The owner-occupant of property acquired by eminent domain under section 8-128, pursuant to a redevelopment plan under this chapter, may file an application in the 
superior court for the judicial district in which the municipality is located to enjoin the 
acquisition of such property. The court may issue such injunction if the court finds that 
the redevelopment agency failed to comply with the requirements of this chapter. The 
filing of an application to enjoin the acquisition of property by eminent domain, in a 
court of competent jurisdiction, shall toll the five-year period or ten-year period set forth 
in subparagraph (C) of subdivision (3) of this subsection with respect to such property 
until the date a final judgment is entered in any such action, or any appeal thereof, 
whichever date is later.
      (b) (1) With respect to real property acquired by eminent domain on or after June 
25, 2007, under section 8-128, pursuant to a redevelopment plan under this chapter, if 
the municipality does not use the real property for the purpose for which it was acquired 
or for some other public use and seeks to sell the property, the municipality shall first 
offer the real property for sale pursuant to subdivision (2) of this subsection to the person 
from whom the real property was acquired, or heirs of the person designated pursuant 
to subdivision (2) of this subsection, if any, for a price not to exceed the lesser of (A) 
the amount paid by the redevelopment agency to acquire the property, or (B) the fair 
market value of the property at the time of any sale under this subsection. After the 
municipality provides notice pursuant to subdivision (2) of this subsection, the municipality may not sell such property to a third party unless the municipality has permitted 
the person or named heirs six months during which to exercise the right to purchase the 
property, and an additional six months to finalize the purchase if the person or named 
heirs provide the municipality with notice of intent to purchase the property within the 
initial six-month period.
      (2) For the purposes of any offer of sale pursuant to this subsection, the municipality 
shall provide a form to any person whose property is acquired by eminent domain pursuant to section 8-128, pursuant to a redevelopment plan under this chapter, to permit such 
person to provide an address for notice of sale to be sent, or to provide the name and 
address of an agent to receive such notice. Such form shall be designed to permit the 
person to designate heirs of the person who shall be eligible to purchase such property 
pursuant to this subsection. The person or agent shall update information in the form in 
writing. If the person or agent does not provide or update the information in the form 
in a manner that permits the municipality to send notice of sale pursuant to this subsection, no such notice shall be required.
      (3) With respect to a redevelopment plan for a project that is funded in whole or in 
part by federal funds, the provisions of this subsection shall not apply to the extent that 
such provisions are prohibited by federal law.
      (P.A. 07-141, S. 2; June Sp. Sess. P.A. 07-5, S. 39-41.)
      History: P.A. 07-141 effective June 25, 2007, and applicable to property acquired on or after that date; June Sp. Sess. 
P.A. 07-5 amended Subsecs. (a)(3) and (4) and (b)(1) and (2) to substitute "section 8-128, pursuant to a redevelopment 
plan under this chapter" for "this section", effective October 6, 2007.