How can your elected officials use an urban renewal authority to condem their own building and build themselves a new one. The information center is a town owned building, did it meet the definitions as defined by state statutes? It would be interesting to find out how many urban renewal authorities have "blighted" town buildings.
31-25-103. Definitions.
Statute text
As used in this part 1, unless the context otherwise requires:
(1) "Authority" or "urban renewal authority" means a corporate body organized pursuant to the provisions of this part 1 for the purposes, with the powers, and subject to the restrictions set forth in this part 1.
(2) "Blighted area" means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare:
(a) Slum, deteriorated, or deteriorating structures;
(b) Predominance of defective or inadequate street layout;
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(d) Unsanitary or unsafe conditions;
(e) Deterioration of site or other improvements;
(f) Unusual topography or inadequate public improvements or utilities;
(g) Defective or unusual conditions of title rendering the title nonmarketable;
(h) The existence of conditions that endanger life or property by fire or other causes;
(i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities;
(j) Environmental contamination of buildings or property;
(k) (Deleted by amendment, L. 2004, p. 1745, § 3, effective June 4, 2004.)
(k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or
(l) If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, "blighted area" also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation.
(3) "Bonds" means any bonds (including refunding bonds), notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, debentures, or other obligations.
(3.3) "Business concern" has the same meaning as "business" as set forth in section 24-56-102 (1), C.R.S.
(3.5) "Displaced person" has the same meaning as set forth in section 24-56-102 (2), C.R.S., and for purposes of this part 1 shall also include any individual, family, or business concern displaced by the acquisition by eminent domain of real property by an authority.
(3.7) "Governing body" means the governing body of the municipality within which an authority has been established in accordance with the requirements of this part 1.
(4) "Obligee" means any bondholder, agent, or trustee for any bondholder, or any lessor demising to an authority property used in connection with an urban renewal project of the authority, or any assignee of such lessor's interest or any part thereof, and the federal government when it is a party to any contract or agreement with the authority.
(5) "Public body" means the state of Colorado or any municipality, quasi-municipal corporation, board, commission, authority, or other political subdivision or public corporate body of the state.
(6) "Real property" means lands, lands under water, structures, and any and all easements, franchises, incorporeal hereditaments, and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise.
(7) "Slum area" means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, and 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, or the existence of conditions which endanger life or property by fire or 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.
(8) "Urban renewal area" means a slum area, or a blighted area, or a combination thereof which the local governing body designates as appropriate for an urban renewal project.
(9) "Urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan conforms to a general or master plan for the physical development of the municipality as a whole and which is 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 renewal 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.
(10) "Urban renewal project" means undertakings and activities in an urban renewal area for the elimination and for the prevention of the development or spread of slums and blight and may involve slum clearance and redevelopment, or rehabilitation, or conservation, or any combination or part thereof, in accordance with an urban renewal plan. Such undertakings and activities may include:
(a) Acquisition of a slum area or a blighted area or portion thereof;
(b) Demolition and removal of buildings and improvements;
(c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of this part 1 in accordance with the urban renewal plan;
(d) Disposition of any property acquired or held by the authority as a part of its undertaking of the urban renewal project for the urban renewal areas (including sale, initial leasing, or temporary retention by the authority itself) at the fair value of such property for uses in accordance with the urban renewal plan;
(e) Carrying out plans for a program through voluntary action and the regulatory process for the repair, alteration, and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; and
(f) Acquisition of any other property where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration or to provide land for needed public facilities.
History
Source: L. 75: Entire title R&RE, p. 1159, § 1, effective July 1. L. 99: (2) amended, p. 529, § 1, effective May 3. L. 2004: (2)(f), (2)(h), (2)(j), (2)(k), and (2)(l) amended and (2)(k.5), (3.3), (3.5), and (3.7) added, p. 1745, §§ 3, 2, effective June 4.
Annotations
Editor's note: (1) This section was contained in this title when it was repealed and reenacted in 1975. Provisions of this section, as it existed in 1975, are similar to those contained in 31-25-103 as said section existed in 1974, the year prior to the repeal and reenactment of this title. For a detailed comparison, see the table located at the back of the index.
(2) Section 7 of chapter 367, Session Laws of Colorado 2004, provides that the act amending subsections (2)(f), (2)(h), (2)(j), (2)(k), and (2)(l) and enacting subsections (2)(k.5), (3.3), (3.5), and (3.7) applies to any property for which a blight determination is made on or after sixty days following June 4, 2004.
Annotations
ANNOTATION
Annotations
Law reviews. For comment on Rabinoff v. District Court, appearing below, see 35 U. Colo. L. Rev. 269 (1963).
Basis for finding area blighted. The fact that there were not widespread violations of building and health ordinances does not of itself establish arbitrariness on the part of the responsible authorities in the finding that the area was slum and blighted. Rabinoff v. District Court, 145 Colo. 225, 360 P.2d 114 (1961).
One well-kept building does not in itself defeat the determination of a blighted area. If the building owned by plaintiff, be, as claimed, a magnificent victorian type edifice such would not in itself defeat the determination that the area, taken as a whole, is a slum and blighted area. Interstate Trust Bldg. Co. v. Denver Urban Renewal Auth., 172 Colo. 427, 473 P.2d 978 (1970).
"Blighted area" construed. The definition of "blighted area" contained in subsection (2) is broad and not only encompasses those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration. The absence of widespread violations of building and health ordinances does not of itself establish arbitrariness on the part of a city council in finding blight. Tracy v. City of Boulder, 635 P.2d 907 (Colo. App. 1981).
Determination of "blighted area" by council is legislative question. A city council's determination as to whether an area is blighted, when such determination relates to the need for an ordinance, is a legislative question and scope of review by the judiciary is restricted. Tracy v. City of Boulder, 635 P.2d 907 (Colo. App. 1981).
If actual purpose behind a particular urban renewal plan is not the elimination or prevention of blight or slums, the urban renewal authority does not have the power to condemn land in furtherance of that plan because the determination of necessity is not supported by the record. City & County of Denver v. Block 173, 814 P.2d 824 (Colo. 1991).
Proper purpose for which a condemnation action may be instituted in the context of urban renewal is limited to plans adopted to remedy identified slum or blight conditions, and fact that such conditions were found to exist is not dispositive if the purpose in designating a large study area and in targeting block 173 as part of that area was to acquire block 173 for private purposes. City & County of Denver v. Block 173, 814 P.2d 824 (Colo. 1991).
Applied in Bailey v. People, 200 Colo. 549, 617 P.2d 549 (1980).
