Title 36, Chapter 61, Section 2
( 36-61-2)
As used in this chapter, the term: (1) "Agency" or "urban redevelopment agency" means a public agency created by Code Section 36-61-18. (2) "Area of operation" means the area within the corporate limits
of the municipality or county and the area within five miles of
such limits, except that it shall not include any area which lies
within the territorial boundaries of another incorporated
municipality or another county unless a resolution is adopted by
the governing body of such other municipality or county declaring
a need therefor. (3) "Board" or "commission" means a board, commission, department,
division, office, body, or other unit of the municipality or
county. (4) "Bonds" means any bonds (including refunding bonds), notes,
interim certificates, certificates of indebtedness, debentures, or
other obligations. (5) "Clerk" means the clerk or other official of the municipality
or county who is the custodian of the official records of such
municipality or county. (6) "County" means any county in this state. (7) "Downtown development authority" means an authority created
pursuant to Chapter 42 of this title. (8) "Federal government" means the United States of America or any
agency or instrumentality, corporate or otherwise, of the United
States of America. (9) "Housing authority" means a housing authority created by and
established pursuant to Article 1 of Chapter 3 of Title 8, the
"Housing Authorities Law." (10) "Local governing body" means the council or other legislative
body charged with governing the municipality and the board of
commissioners or governing authority of the county. (11) "Mayor" means the mayor of a municipality or other officer or
body having the duties customarily imposed upon the executive head
of a municipality. (12) "Municipality" means any incorporated city or town in the
state. (13) "Obligee" includes any bondholder, agents, or trustees for
any bondholders, or any lessor demising to the municipality or
county property used in connection with an urban redevelopment
project, or any assignee or assignees of such lessor's interest or
any part thereof, and the federal government when it is a party to
any contract with the municipality or county. (14) "Person" means any individual, firm, partnership,
corporation, company, association, joint-stock association, or
body politic and includes any trustee, receiver, assignee, or
other person acting in a similar representative capacity. (15) "Public body" means the state or any municipality, county,
board, commission, authority, district, housing authority, urban
redevelopment agency, or other subdivision or public body of the
state. (16) "Real property" includes all lands, including improvements
and fixtures thereon and property of any nature appurtenant
thereto or used in connection therewith, and every estate,
interest, right, and use, legal or equitable, therein, including
terms for years and liens by way of judgment, mortgage, or
otherwise. (17) "Rehabilitation" or "conservation" may include the
restoration and redevelopment of a slum area or portion thereof,
in accordance with an urban redevelopment plan, by: (A) Carrying out plans for a program of voluntary or compulsory
repair and rehabilitation of buildings or other improvements; (B) Acquisition of real property and rehabilitation or
demolition and removal of buildings and improvements thereon
where necessary to eliminate unhealthful, unsanitary, or unsafe
conditions, to lessen density, to reduce traffic hazards, to
eliminate obsolete or other uses detrimental to the public
welfare, to otherwise remove or prevent the spread of slums or
deterioration, or to provide land for needed public facilities; (C) Installation, construction, or reconstruction of streets,
utilities, parks, playgrounds, and other improvements necessary
for carrying out in the area the urban redevelopment provisions
of this chapter; and (D) The disposition of any property acquired in such urban
redevelopment area, including sale, initial leasing or retention
by the municipality or county itself, at its fair value for uses
in accordance with the urban redevelopment plan. (18) "Slum area" means an area in which there is a predominance of
buildings or improvements, whether residential or nonresidential,
which by reason of dilapidation, deterioration, age, or
obsolescence; inadequate provision for ventilation, light, air,
sanitation, or open spaces; high density of population and
overcrowding; existence of conditions which endanger life or
property by fire and other causes; or any combination of such
factors is conducive to ill health, transmission of disease,
infant mortality, juvenile delinquency, or crime and is
detrimental to the public health, safety, morals, or welfare.
"Slum area" also means an area which by reason of the presence of
a substantial number of slum, deteriorated, or deteriorating
structures; predominance of defective or inadequate street layout;
faulty lot layout in relation to size, adequacy, accessibility, or
usefulness; unsanitary or unsafe conditions; deterioration of site
or other improvements; tax or special assessment delinquency
exceeding the fair value of the land; the existence of conditions
which endanger life or property by fire and other causes; by
having development impaired by airport or transportation noise or
by other environmental hazards; or any combination of such factors
substantially impairs or arrests the sound growth of a
municipality or county, retards the provisions of housing
accommodations, or constitutes an economic or social liability and
is a menace to the public health, safety, morals, or welfare in
its present condition and use. (19) "Slum clearance and redevelopment" may include: (A) Acquisition of a slum area or portion thereof; (B) Rehabilitation or demolition and removal of buildings and
improvements; (C) Installation, construction, or reconstruction of streets,
utilities, parks, playgrounds, and other improvements necessary
for carrying out in the area the urban redevelopment provisions
of this chapter in accordance with the urban redevelopment plan;
and (D) Making the land available for development or redevelopment
by private enterprise or public agencies (including sale,
initial leasing, or retention by the municipality or county
itself) at its fair value for uses in accordance with the urban
redevelopment plan. (20) "Urban redevelopment area" means a slum area which the local
governing body designates as appropriate for an urban
redevelopment project. (21) "Urban redevelopment plan" means a plan, as it exists from
time to time, for an urban redevelopment project, which plan
shall: (A) Conform to the general plan for the municipality or county
as a whole; and (B) Be sufficiently complete to indicate such land acquisition,
demolition and removal of structures, redevelopment,
improvements, and rehabilitation as may be proposed to be
carried out in the urban redevelopment area; zoning and planning
changes, if any; land uses; maximum densities; building
requirements; and the plan's relationship to definite local
objectives respecting appropriate land uses, improved traffic,
public transportation, public utilities, recreational and
community facilities, and other public improvements. (22) "Urban redevelopment project" may include undertakings or
activities of a municipality or county in an urban redevelopment
area for the elimination and for the prevention of the development
or spread of slums and may involve slum clearance and
redevelopment in an urban redevelopment area, rehabilitation or
conservation in an urban redevelopment area, or any combination or
part thereof, in accordance with an urban redevelopment plan.
Although the power of eminent domain may not be exercised for such
purposes, such undertakings or activities may include: (A) Acquisition, without regard to any requirement that the area
be a slum or blighted area, of air rights in an area consisting
of lands and highways, railway or subway tracks, bridge or
tunnel entrances, or other similar facilities which have a
blighting influence on the surrounding area and over which air
rights sites are to be developed for the elimination of such
blighting influences and for the provision of housing and
related facilities and uses designed for, and limited primarily
to, families and individuals of low or moderate income; and (B) Construction of foundations and platforms necessary for the
provision of air rights sites of housing and related facilities
and uses designed for, and limited primarily to, families and
individuals of low or moderate income or construction of
foundations necessary for the provision of air rights sites for
development of nonresidential facilities. |