§ 160A-503. Definitions.
§ 160A‑503. Definitions.
The following terms where usedin this Article, shall have the following meanings, except where the contextclearly indicates a different meaning:
(1) "Area ofoperation" The area within the territorial boundaries of the city orcounty for which a particular commission is created.
(2) "Blightedarea" shall mean an area in which there is a predominance of buildings orimprovements (or which is predominantly residential in character), and which,by reason of dilapidation, deterioration, age or obsolescence, inadequateprovision for ventilation, light, air, sanitation, or open spaces, high densityof population and overcrowding, unsanitary or unsafe conditions, or theexistence of conditions which endanger life or property by fire and othercauses, or any combination of such factors, substantially impairs the soundgrowth of the community, is conducive to ill health, transmission of disease,infant mortality, juvenile delinquency and crime, and is detrimental to thepublic health, safety, morals or welfare; provided, no area shall be considereda blighted area within the meaning of this Article, unless it is determined bythe planning commission that at least two thirds of the number of buildingswithin the area are of the character described in this subdivision andsubstantially contribute to the conditions making such area a blighted area;provided that if the power of eminent domain shall be exercised under theprovisions of this Article, it may only be exercised to take a blighted parcelas defined in subdivision (2a) of this section, and the property owner orowners or persons having an interest in property shall be entitled to berepresented by counsel of their own selection and their reasonable counsel feesfixed by the court, taxed as a part of the costs and paid by the petitioners.
(2a) "Blightedparcel" shall mean a parcel on which there is a predominance of buildingsor improvements (or which is predominantly residential in character), andwhich, by reason of dilapidation, deterioration, age or obsolescence,inadequate provision for ventilation, light, air, sanitation, or open spaces,high density of population and overcrowding, unsanitary or unsafe conditions,or the existence of conditions which endanger life or property by fire andother causes, or any combination of such factors, substantially impairs thesound growth of the community, is conducive to ill health, transmission ofdisease, infant mortality, juvenile delinquency and crime, and is detrimentalto the public health, safety, morals or welfare; provided, no parcel shall beconsidered a blighted parcel nor subject to the power of eminent domain, withinthe meaning of this Article, unless it is determined by the planning commissionthat the parcel is blighted.
(3) "Bonds" Anybonds, interim certificates, notes, debentures or other obligations of acommission issued pursuant to this Article.
(4) "City" Anycity or town. "The city" shall mean the particular city for which aparticular commission is created.
(5) "Commission"or "redevelopment commission" A public body and a body corporateand politic created and organized in accordance with the provisions of thisArticle.
(6) "Field ofoperation" The area within the territorial boundaries of the city forwhich a particular commission is created.
(7) "Governingbody" In the case of a city or town, the city council or otherlegislative body. The board of county commissioners.
(8) "Government" Includes the State and federal governments or any subdivision, agency or instrumentalitycorporate or otherwise of either of them.
(9) "Municipality" Any incorporated city or town, or any county.
(10) "Nonresidentialredevelopment area" shall mean an area in which there is a predominance ofbuildings or improvements, whose use is predominantly nonresidential, andwhich, by reason of:
a. Dilapidation,deterioration, age or obsolescence of buildings and other structures,
b. Inadequateprovisions for ventilation, light, air, sanitation or open spaces,
c. Defective orinadequate street layout,
d. Faulty lot layout inrelation to size, adequacy, accessibility, or usefulness,
e. Tax or specialassessment delinquency exceeding the fair value of the property,
f. Unsanitary orunsafe conditions,
g. The existence ofconditions which endanger life or property by fire and other causes, or
h. Any combination ofsuch factors
1. Substantiallyimpairs the sound growth of the community,
2. Has seriouslyadverse effects on surrounding development, and
3. Is detrimental tothe public health, safety, morals or welfare;
provided,no such area shall be considered a nonresidential redevelopment area norsubject to the power of eminent domain, within the meaning of this Article,unless it is determined by the planning commission that at least one half ofthe number of buildings within the area are of the character described in thissubdivision and substantially contribute to the conditions making such area anonresidential redevelopment area; provided that if the power of eminent domainshall be exercised under the provisions of this Article, the property owner orowners or persons having an interest in property shall be entitled to berepresented by counsel of their own selection and their reasonable counsel feesfixed by the court, taxed as a part of the costs and paid by the petitioners.
(11) "Obligee of thecommission" or "obligee" Any bondholder, trustee or trusteesfor any bondholders, any lessor demising property to a commission used inconnection with a redevelopment project, or any assignees of such lessor'sinterest, or any part thereof, and the federal government, when it is a partyto any contract with a commission.
(12) "Planningcommission" Any planning commission established by ordinance for amunicipality of this State. "The planning commission" shall mean theparticular planning commission of the city or town in which a particularcommission operates.
(13) "Realproperty" Lands, lands under water, structures and any and alleasements, franchises and incorporeal hereditaments and every estate and righttherein, legal and equitable, including terms for years and liens by way ofjudgment, mortgage or otherwise.
(14) "Redeveloper" Any individual, partnership or public or private corporation that shall enteror propose to enter into a contract with a commission for the redevelopment ofan area under the provisions of this Article.
(15) "Redevelopment" The acquisition, replanning, clearance, rehabilitation or rebuilding of anarea for residential, recreational, commercial, industrial or other purposes,including the provision of streets, utilities, parks, recreational areas andother open spaces; provided, without limiting the generality thereof, the term"redevelopment" may include a program of repair and rehabilitation ofbuildings and other improvements, and may include the exercise of any powersunder this Article with respect to the area for which such program isundertaken.
(16) "Redevelopmentarea" Any area which a planning commission may find to be
a. A blighted areabecause of the conditions enumerated in subdivision (2) of this section;
b. A nonresidentialredevelopment area because of conditions enumerated in subdivision (10) of thissection;
c. A rehabilitation,conservation, and reconditioning area within the meaning of subdivision (21) ofthis section;
d. Any combinationthereof, so as to require redevelopment under the provisions of this Article.
(17) "Redevelopmentcontract" A contract between a commission and a redeveloper for theredevelopment of an area under the provisions of this Article.
(18) "Redevelopmentplan" A plan for the redevelopment of a redevelopment area made by a"commission" in accordance with the provisions of this Article.
(19) "Redevelopmentproject" shall mean any work or undertaking:
a. To acquire blightedor nonresidential redevelopment areas or portions thereof, or individual tractsin rehabilitation, conservation, and reconditioning areas, including lands,structures, or improvements, the acquisition of which is necessary orincidental to the proper clearance, development, or redevelopment of such areasor to the prevention of the spread or recurrence of conditions of blight;
b. To clear any suchareas by demolition or removal of existing buildings, structures, streets,utilities or other improvements thereon and to install, construct, orreconstruct streets, utilities, and site improvements essential to thepreparation of sites for uses in accordance with the redevelopment plan;
c. To sell land in suchareas for residential, recreational, commercial, industrial or other use or forthe public use to the highest bidder as herein set out or to retain such landfor public use, in accordance with the redevelopment plan;
d. To carry out plansfor a program of voluntary or compulsory repair, rehabilitation, orreconditioning of buildings or other improvements in such areas; including themaking of loans therefor; and
e. To engage inprograms of assistance and financing, including the making of loans, forrehabilitation, repair, construction, acquisition, or reconditioning ofresidential units and commercial and industrial facilities in a redevelopmentarea.
Theterm "redevelopment project" may also include the preparation of aredevelopment plan, the planning, survey and other work incident to aredevelopment project, and the preparation of all plans and arrangements forcarrying out a redevelopment project.
(20) "Redevelopmentproposal" A proposal, including supporting data and the form of aredevelopment contract for the redevelopment of all or any part of aredevelopment area.
(21) "Rehabilitation,conservation, and reconditioning area" shall mean any area which theplanning commission shall find, by reason of factors listed in subdivision (2)or subdivision (10), to be subject to a clear and present danger that, in theabsence of municipal action to rehabilitate, conserve, and recondition thearea, it will become in the reasonably foreseeable future a blighted area or anonresidential redevelopment area as defined herein. In such an area, noindividual tract, building, or improvement shall be subject to the power ofeminent domain, within the meaning of this Article, unless it is of thecharacter described in subdivision (2) or subdivision (10) and substantiallycontributes to the conditions endangering the area; provided that if the powerof eminent domain shall be exercised under the provisions of this Article, therespondent or respondents shall be entitled to be represented by counsel oftheir own selection and their reasonable counsel fees fixed by the court, taxedas part of the costs and paid by the petitioners. (1951, c. 1095, s. 3; 1957,c. 502, ss. 1‑3; 1961, c. 837, ss. 2, 3, 4, 6; 1967, c. 1249; 1969, c.1208, s. 1; 1973, c. 426, s. 75; 1981, c. 907, ss. 1, 2; 1985, c. 665, s. 6;2006‑224, ss. 2.1, 2.2; 2006‑259, s. 47.)