Title 36, Chapter 61, Section 7
( 36-61-7)
(a) A municipality or county shall not approve an urban
redevelopment plan for an urban redevelopment area unless the
governing body, by resolution, has determined such area to be a slum
area and designated such area as appropriate for an urban
redevelopment project. Authority is vested in every municipality and
county to prepare, to adopt, and to revise, from time to time, a
general plan for the physical development of the municipality or
county as a whole (giving due regard to the environs and
metropolitan surroundings), to establish and maintain a planning
commission for such purpose and related municipal and county
planning activities, and to make available and to appropriate the
necessary funds therefor. A municipality or county shall not acquire
real property for an urban redevelopment project unless the local
governing body has approved the urban redevelopment plan in
accordance with subsection (d) of this Code section. (b) The municipality or county may itself prepare or cause to be
prepared an urban redevelopment plan; alternatively, any person or
agency, public or private, may submit a plan to a municipality or
county. (c) The local governing body of the municipality or county shall
hold or shall cause some agency of the municipality or county to
hold a public hearing on an urban redevelopment plan or a
substantial modification of an approved urban redevelopment plan,
after public notice thereof by publication in a newspaper having a
general circulation in the area of operation of the municipality or
county. The notice shall describe the time, date, place, and purpose
of the hearing, shall generally identify the urban redevelopment
area covered by the plan, and shall outline the general scope of the
urban redevelopment project under consideration. (d) Following such hearing, the local governing body may approve an
urban redevelopment plan if it finds that: (1) A feasible method exists for the relocation of families who
will be displaced from the urban redevelopment area in decent,
safe, and sanitary dwelling accommodations within their means and
without undue hardship to such families; (2) The urban redevelopment plan conforms to the general plan of
the municipality or county as a whole; and (3) The urban redevelopment plan will afford maximum opportunity,
consistent with the sound needs of the municipality or county as a
whole, for the rehabilitation or redevelopment of the urban
redevelopment area by private enterprise. (e) An urban redevelopment plan may be modified at any time,
provided that, if modified after the lease or sale by the
municipality or county of real property in the urban redevelopment
project area, such modification shall be subject to such rights at
law or in equity as a lessee or purchaser or his successor or
successors in interest may be entitled to assert. Any proposed
modification which will substantially change the urban redevelopment
plan as previously approved by the local governing body shall be
subject to the requirements of this Code section, including the
requirement of a public hearing, before it may be approved.
(f) Upon the approval of an urban redevelopment plan by a
municipality or county, the provisions of the plan with respect to
the future use and building requirements applicable to the property
covered by the plan shall be controlling with respect thereto. |