Title 36, Chapter 61, Section 10
( 36-61-10)
(a) A municipality or county may sell, lease, or otherwise transfer
real property in an urban redevelopment area or any interest therein
acquired by it and may enter into contracts with respect thereto,
for residential, recreational, commercial, industrial, or other uses
or for public use; or the municipality or county may retain such
property or interest for public use, in accordance with the urban
redevelopment plan, subject to such covenants, conditions, and
restrictions, including covenants running with the land and
including the incorporation by reference therein of the provisions
of an urban redevelopment plan or any part thereof, as it may deem
to be in the public interest or necessary or desirable to assist in
preventing the development or spread of future slums or to otherwise
carry out the purposes of this chapter. Such sale, lease, other
transfer, or retention and any agreement relating thereto may be
made only after the approval of the urban redevelopment plan by the
local governing body. The purchasers or lessees and their successors
and assigns shall be obligated to devote such real property only to
the uses specified in the urban redevelopment plan and may be
obligated to comply with such other requirements as the municipality
or county may determine to be in the public interest, including the
obligation to begin within a reasonable time any improvements on the
real property required by the urban redevelopment plan. Such real
property or interest shall be sold, leased, otherwise transferred,
or retained at not less than its fair value for uses in accordance
with the urban redevelopment plan. In determining the fair value of
real property for uses in accordance with the urban redevelopment
plan, a municipality or county shall take into account and give
consideration to the uses provided in such plan; the restrictions
upon and the covenants, conditions, and obligations assumed by the
purchaser or lessee or by the municipality or county retaining the
property; and the objectives of such plan for the prevention of the
recurrence of slum areas. The municipality or county in any
instrument of conveyance to a private purchaser or lessee may
provide that such purchaser or lessee shall be without power to
sell, lease, or otherwise transfer the real property without the
prior written consent of the municipality or county until he has
completed the construction of any and all improvements which he has
obligated himself to construct thereon. Real property acquired by a
municipality or county which, in accordance with the provisions of
the urban redevelopment plan, is to be transferred shall be
transferred as rapidly as feasible in the public interest consistent
with the carrying out of the provisions of the urban redevelopment
plan. The inclusion in any such contract or conveyance to a
purchaser or lessee of any such covenants, restrictions, or
conditions, including the incorporation by reference therein of the
provisions of an urban redevelopment plan or any part thereof, shall
not prevent the filing of the contract or conveyance in the land
records of the county in such manner as to afford actual or
constructive notice thereof. (b)(1) A municipality or county may dispose of real property in an
urban redevelopment area to private persons only under such
reasonable competitive bidding procedures as it shall prescribe or
as are provided in this subsection. A municipality or county, by
public notice by publication once each week for two consecutive
weeks in a newspaper having a general circulation in the
community, prior to the execution of any contract to sell, lease,
or otherwise transfer real property and prior to the delivery of
any instrument of conveyance with respect thereto under this Code
section, may invite proposals from and make available all
pertinent information to private redevelopers or any persons
interested in undertaking to redevelop or rehabilitate an urban
redevelopment area or any part thereof. The notice shall identify
the area or portion thereof and shall state that such further
information as is available may be obtained at such office as
shall be designated in the notice. The municipality or county
shall consider all such redevelopment or rehabilitation proposals
and the financial and legal ability of the persons making such
proposals to carry them out and may negotiate with any persons for
proposals for the purchase, lease, or other transfer of any real
property acquired by the municipality or county in the urban
redevelopment area. The municipality or county may accept such
proposal as it deems to be in the public interest and in
furtherance of the purposes of this chapter. The municipality or
county may execute contracts in accordance with subsection (a) of
this Code section and deliver deeds, leases, and other instruments
and take all steps necessary to effectuate such contracts. (2) Notwithstanding the provisions or requirements of this Code
section, any municipality or county may exchange real property or
land, whether vacant or improved, in any urban redevelopment area
for real property or land, whether vacant or improved, owned by
any post, barracks, encampment, chapter, subsidiary, or any other
division or unit of any veterans' organization chartered by the
United States Congress, provided such real property or land was
owned by the veterans' organization on March 6, 1962, and,
provided, further, that the municipality or county owning such
urban redevelopment area desires to obtain the real property or
land owned by the veterans' organization for civic improvements,
including, but not limited to, the building of art theaters,
stadiums, parks, playgrounds, auditoriums, civic theaters, and
performing arts theaters. (c) A municipality or county may temporarily operate and maintain
real property acquired in an urban redevelopment area, pending the
disposition of the property for redevelopment, without regard to
subsection (a) of this Code section, for such uses and purposes as
may be deemed desirable, even if such uses and purposes are not in
conformity with the urban redevelopment plan. |