(b) A redevelopment corporation may, at any time, whether prior or subsequent to the undertaking of any contract or expense, apply to the planning commission for a ruling as to whether any particular item and amount of cost therein may be included in development cost when finally determined by the planning commission, and the amount thereof. The planning commission shall, within a reasonable time after such the application, render a ruling thereon, and in the event that it shall be if it is ruled that any item of cost may be included in development cost, the amount thereof as so determined of the cost shall be so included in development cost when finally determined.
(4) Regulation of redevelopment corporations. A redevelopment corporation shall do all of the following:
(a) Furnish to the planning commission from time to time, as required by it, but with respect to regular reports not more often than once every 6 months, such financial information, statements, audited reports or other material as such that the commission shall require requires, each of which shall conform to such standards of accounting and financial procedure as that the planning commission may by general regulation prescribe
prescribes, except that the planning commission may not require a regular report more often than once every 6 months.
(b) Establish and maintain such depreciation and other reserves, surplus and other accounts as that the planning commission reasonably requires.
66.41 (title) of the statutes is repealed.
66.41 of the statutes is renumbered 66.1307 (2) (b) and amended to read:
66.1307 (2) (b) No A redevelopment corporation shall may pay any interest on its income debentures or dividends on its stock during any dividend year, unless there shall exist, at the time of any such an intended payment, no a default
exists under any amortization requirements with respect to its indebtedness.
66.411 of the statutes is renumbered 66.1329 and amended to read:
66.1329 Urban redevelopment; enforcement of duties. Whenever If a redevelopment corporation shall not have fails to substantially complied comply with the development plan within the time limits for the completion of each stage thereof as therein stated, reasonable delays caused by unforeseen difficulties excepted, or shall do, permit to be done or fail or omit to do anything contrary to or required of it, as the case may be, by ss. 66.405 to 66.425, or shall be about so to do, permit to be done or fail or omit to have done, as the case may be then any such fact, violates or is about to violate ss. 66.1301 to 66.1329, the failure to comply or actual or possible violation may be certified by the planning commission to the city attorney of the city, who. The city attorney may thereupon commence a proceeding in the circuit court of the county in which the city is in whole or in part situated in the name of the city for the purpose of having such action, failure or omission, or threatened action, failure or omission, established by order of the court or stopped, prevented or otherwise rectified by mandamus, injunction or otherwise. Such proceeding shall be commenced by a petition to the circuit court alleging the violation complained of and praying for appropriate relief. It shall thereupon be the duty of the court to specify the time, not exceeding 45 days after service of a copy of the petition, within which the redevelopment corporation complained of must answer the petition seeking appropriate relief. The court, shall, immediately after a default in answering or after answer, as the case may be, inquire into the facts and circumstances in such the manner
as that the court shall direct directs without other or formal proceedings, and without respect to any technical requirements. Such other persons or corporations as it shall seem to the The court may join as parties any other persons it deems necessary or proper to join as parties in order to make its order or judgment effective may be joined as parties. The final judgment or order in any such the action or proceeding shall dismiss the action or proceeding or establish the failure complained of or direct that a mandamus order, or an injunction, or both, issue, or grant such other relief as the court may deem appropriate relief.
66.412 of the statutes is renumbered 66.1309 (intro.) and amended to read:
66.1309 Urban redevelopment; transfer of land. (intro.) Notwithstanding any requirement of other law to the contrary or the absence of direct provision therefor for transfer of land in the instrument under which a fiduciary is acting, every executor, administrator, trustee, guardian or other person, holding trust funds or acting in a fiduciary capacity, unless the instrument under which such the fiduciary is acting expressly forbids, the state, its subdivisions, cities, all other public bodies, all public officers, corporations organized under or subject to the provisions of the banking law, the division of banking as conservator, liquidator or rehabilitator of any such person, partnership or corporation, persons, partnerships and corporations organized under or subject to the provisions of the banking law, the commissioner of insurance as conservator, liquidator or rehabilitator of any such person, partnership or corporation, any of which owns or holds any real property within a development area, may grant do all of the following:
(1) Grant, sell, lease or otherwise transfer any such real property to a redevelopment corporation, and receive.
(2) Receive and hold any cash, stocks, income debentures, mortgages, or other securities or obligations, secured or unsecured, exchanged therefor for the transfer by such the redevelopment corporation
, and may execute such.
(3) Execute instruments and do such acts as may be deemed that are considered necessary or desirable by them or it and by the redevelopment corporation in connection with the development and the development plan.
66.413 of the statutes is renumbered 66.1311 and amended to read:
66.1311 Urban redevelopment; acquisition of land. (1) A redevelopment corporation may whether before or after the development plan has been approved, acquire real property or secure options in its own name or in the name of nominees to acquire real property, by gift, grant, lease, purchase or otherwise.
(2) A city may, upon request by the a redevelopment corporation, acquire, or obligate itself to acquire, for such the redevelopment corporation any real property included in such a certificate of approval of condemnation, by gift, grant, lease, purchase, condemnation, or otherwise, according to the provisions of any appropriate general, special or local law applicable to the acquisition of real property by the city. Real property acquired by a city for a redevelopment corporation shall be conveyed by such the city to the redevelopment corporation upon payment to the city of all sums expended or required to be expended by the city in the acquisition of such
the real property, or leased by such the city to such the redevelopment corporation, all upon such terms as may be agreed upon between the city and the redevelopment corporation to carry out the purposes of ss. 66.405 66.1301 to 66.425 66.1329.
(3) The provisions of ss. 66.405
66.1301 to 66.425 66.1329 with respect to the condemnation of real property by a city for a redevelopment corporation shall prevail over the provisions of any other general, special or local law.
66.414 of the statutes is renumbered 66.1313 and amended to read:
66.1313 Urban redevelopment; condemnation for. (1) Condemnation proceedings for a redevelopment corporation shall be initiated by a petition to the city to institute proceedings to acquire for the redevelopment corporation any real property in the development area. Such The petition shall be granted or rejected by the local governing body, and the resolution or resolutions granting such the petition shall contain a requirement require that the redevelopment corporation shall pay to the city all sums expended or required to be expended by the city in the acquisition of such the real property, or for any real property to be conveyed to the corporation by the city in connection with the plan, and the time of payment and manner of securing payment thereof, and may require that the city shall receive, before proceeding with the acquisition of such the real property, such assurances as to payment or reimbursement by the redevelopment corporation, or otherwise, as the city may deem deems advisable. Upon the passage of a resolution or resolutions by the local governing body granting the petition, the redevelopment corporation shall cause to be made make 3 copies of surveys or maps of the real property described in the petition, one of which shall be filed in the office of the redevelopment corporation, one in the office of the city attorney of the city, and one in the office in which instruments affecting real property in the county are recorded. The filing of such copies of surveys or maps shall constitute the constitutes acceptance by the redevelopment corporation of the terms and conditions contained in such the resolution
or resolutions. The city may conduct any condemnation proceedings either under ch. 32 or at its option, under other laws applicable to such the city. When title to the real property shall have vested vests in the city, it shall convey or lease the same real property, with any other real property to be conveyed or leased to the redevelopment corporation by the city in connection with said the redevelopment plan, to the redevelopment corporation upon payment by the redevelopment corporation of the sums and the giving of the security required by the resolution granting the petition.
(2) The following provisions shall apply to any proceedings for the assessment of compensation and damages for real property in a development area taken or to be taken by condemnation for a redevelopment corporation:
(a) For the purpose of ss. 66.405 66.1301 to 66.425 66.1329, the award of compensation shall may not be increased by reason of any increase in the value of the real property caused by the assembly, clearance or reconstruction, or proposed assembly, clearance or reconstruction for the purposes of ss. 66.405 66.1301 to 66.425 66.1329, of the real property in the development area. No allowance shall may be made for improvements begun on real property after notice to the owner of such the property of the institution of the proceedings to condemn such the property.
(b) Evidence shall be is admissible
bearing upon that is relevant to the insanitary, unsafe or substandard condition of the premises, or the of their illegal use thereof, or the enhancement of rentals from such illegal use, and such the evidence may be considered in fixing the compensation to be paid, notwithstanding that no steps to remedy or abate such the conditions have been taken by the department or officers having jurisdiction. If a violation order is on file against the premises in any such
the department, it shall constitute constitutes prima facie evidence of the existence of the condition specified in such the order.
(c) If any of the real property in the development area which is to be acquired by condemnation has, prior to such before acquisition, been devoted to another public use, it may nevertheless be acquired provided that no real property belonging to the city or to any other governmental body, or agency or instrumentality thereof of the city or other governmental body, corporate or otherwise, may be acquired without its consent. No real property belonging to a public utility corporation may be acquired without the approval of the public service commission or other officer or tribunal having regulatory power over such the corporation.
(d) Upon the trial a statement, affidavit, deposition, report, transcript of testimony in an action or proceeding, or appraisal made or given by any owner or prior owner of the premises taken, or by any person on the owner's or prior owner's behalf, to any court, governmental bureau, department or agency respecting the value of the real property for tax purposes, shall be is relevant, material and competent upon the issue of value of damage and shall be is admissible on direct examination.
(e) The term "owner", as used in In this section, shall include "owner" includes a person having an estate, interest or easement in the real property to be acquired or a lien, charge or encumbrance thereon on the real property.
66.415 of the statutes is renumbered 66.1315 and amended to read:
66.1315 Urban redevelopment; continued use of land by prior owner. (1) When title to real property has vested in a redevelopment corporation or city by gift, grant, devise, purchase or in condemnation proceedings or otherwise, the redevelopment corporation or city, as the case may be, may agree with the previous owners of such the property, or any tenants continuing to occupy or use it, or any other persons who may occupy or use or seek to occupy or use such the property, that such the former owner, tenant or other persons may occupy or use such the property upon the payment of a fixed sum of money for a definite term or upon the payment periodically of an agreed sum of money. Such The occupation or use shall may not be construed as a tenancy from month to month, nor require the giving of notice by the redevelopment corporation or the city, as the case may be, for the termination of such occupation or use or the right to such occupation or use, but immediately
. Immediately upon the expiration of the term for which payment has been made the redevelopment corporation or city, as the case may be, shall be is entitled to possession of the real property and may maintain summary proceedings, or obtain a writ of assistance, and shall be is entitled to such any other remedy as may be provided by law for obtaining immediate possession thereof. A former owner, tenant or other person occupying or using such real property shall may not be required to give notice to the redevelopment corporation or city, as the case may be, at the expiration of the term for which that person has made payment for such occupation or use, as a condition to that person's cessation of occupation or use and termination of liability therefor.
(2) In the event that If a city has acquired real property for a redevelopment corporation, the city shall, in transferring title to the redevelopment corporation, deduct from the consideration or other moneys which the redevelopment corporation has become obligated to pay to the city for such this purpose, and credit the redevelopment corporation with, the amounts received by the city as payment for temporary occupation and use of the real property by a former owner, tenant, or other person, as in this section provided, less the cost and expense incurred by the city for the maintenance and operation of such
the real property.
66.416 (title) of the statutes is renumbered 66.1317 (title).
66.416 (1) to (4) of the statutes are renumbered 66.1317 (1) to (4), and 66.1317 (1), (2) (a) (intro.), 4. and 5. and (b), (3) and (4), as renumbered, are amended to read:
66.1317 (1) Any A redevelopment corporation may borrow funds and secure the repayment thereof of the funds by mortgage. Every such mortgage shall contain reasonable amortization provisions and shall may be a lien upon no other real property except that forming the whole or a part of a single development area.
(2) (a) (intro.) Certificates, bonds and notes, or part interests therein in, or any part of an issue thereof of, these instruments, which are issued by a redevelopment corporation and secured by a first mortgage on all or part of the real property of the redevelopment corporation, or any part thereof, shall be are securities in which all of the following persons, partnerships or corporations and public bodies or public officers may legally invest the funds within their control:
4. The division of banking as conservator, liquidator or rehabilitator of any such person, partnership or corporation; and persons, partnerships or corporations organized under or subject to chs. 600 to 646.
5. The commissioner of insurance as conservator, liquidator or rehabilitator of any such person, partnership or corporation.
(b) The principal amount of the securities described in par. (a) shall may not exceed the limits, if any, imposed by law for investments by the person, partnership, corporation, public body or public officer making the investment.
(3) Any A mortgage on the real property in a development area, or any part thereof, may create a first lien, or a second 2nd or other junior lien, upon such the real property.
(4) The limits as to principal amount secured by mortgage referred to in sub. (2) shall do not apply to certificates, bonds and notes, or part interests therein
in, or any part of an issue thereof of, these instruments, which are secured by first mortgage on real property in a development area, or any part thereof, which the federal housing administrator has insured or has made a commitment to insure under the national housing act. Any such
A person, partnership, corporation, public body or public officer described in sub. (2) may receive and hold any debentures, certificates or other instruments issued or delivered by the federal housing administrator, pursuant to the national housing act, in compliance with the contract of insurance of a mortgage on all or part of real property in the development area, or any part thereof.
66.417 (title) of the statutes is renumbered 66.1319 (title).
66.417 (1) to (6) of the statutes are renumbered 66.1319 (1) to (6), and 66.1319 (1), (2), (3), (5) and (6), as renumbered, are amended to read:
66.1319 (1) The A local governing body may by resolution determine that real property, title to which is held by the city, specified and described in such the resolution, is not required for use by the city and may authorize the city to sell or lease such the real property to a redevelopment corporation; provided, that, if the title of the city to such the real property be is not declared inalienable by charter of the city, or other similar law or instrument.
(2) Notwithstanding the provisions of any general, special or local law or ordinance, a sale or lease authorized under sub. (1) may be made without appraisal, public notice or public bidding for a price or rental amount and upon terms agreed upon between the city and the redevelopment corporation to carry out the purposes of ss. 66.405 66.1301 to 66.425. In the case of a lease, the 66.1329. The term of the lease shall
may not exceed 60 years with a right of renewal upon the same terms.
(3) Before any sale or lease to a redevelopment corporation shall be is authorized, a public hearing shall be held by the local governing body to consider the proposed sale or lease.
(5) The deed or lease of such real property shall be executed in the same manner as a deed or lease by the city of other real property owned by it and may contain appropriate conditions and provisions to enable the city to reenter the real property in the event of a violation by if the redevelopment corporation violates of any of the provisions of ss. 66.405 66.1301 to
66.425 66.1329 relating to such the redevelopment corporation or of violates the conditions or provisions of such the deed or lease.
(6) A redevelopment corporation purchasing or leasing real property from a city shall may not, without the written approval of the city, use such the real property for any purpose except in connection with its development. The deed shall contain a condition that the redevelopment corporation will devote the real property granted only for the purposes of its development subject to the restrictions of ss. 66.405 66.1301 to 66.425 66.1329, for breach of which the city shall have the right to
may reenter and repossess itself of the real property.
66.418 of the statutes is renumbered 66.1321 and amended to read:
66.1321 Urban redevelopment; city lease to, terms. If real property of a city be is leased to a redevelopment corporation:
(1) The lease may provide that all improvements shall be the property of the lessor;.
(2) The lessor may grant to the redevelopment corporation the right to mortgage the fee of such the real property and thus enable the redevelopment corporation to give as security for its notes or bonds a first lien upon the land and improvements;.
(3) The execution of a lease shall
does not impose upon the lessor any liability or obligation in connection with or arising out of the financing, construction, management or operation of a development involving the leased land so leased. The lessor
shall may not, by executing such the lease, incur any obligation or liability with respect to such the leased premises other than may devolve upon the lessor with respect to premises not owned by it. The lessor, by consenting to the execution by a redevelopment corporation of a mortgage upon the leased land, shall does not thereby assume, and such the consent shall may not be construed as imposing upon the lessor, any liability upon the note or bond secured by the mortgage;.
(4) The lease may reserve such any easements or other rights in connection with the real property as may be that are considered necessary or desirable for the future planning and development of the city and the extension of public facilities therein in the city, including the construction of subways and conduits and the widening and changing of grade of streets. The lease may contain such any other provisions for the protection of the parties as that are not inconsistent with the provisions of ss. 66.405 66.1301 to 66.425 66.1329.
66.419 (title) of the statutes is renumbered 66.1323 (title) and amended to read:
66.1323 (title) Urban redevelopment; aids
by city and appropriations.
66.419 of the statutes is renumbered 66.1323 (1) and amended to read:
66.1323 (1) In addition to the powers conferred upon the city by other provisions of ss. 66.405 to 66.425, the. A local governing body is empowered to may appropriate moneys for the purpose of, and to
may borrow or to accept grants from the federal or state governments or any agency thereof of their agencies, for and in aid of the acquisition of any lands required to carry out the plan or the purposes mentioned in s. 66.42; and to these ends, to 66.1325. The local governing body may enter into
such contracts, mortgages, trust indentures or other agreements as the federal government may require requires.
66.42 of the statutes is renumbered 66.1325, and 66.1325 (intro.) and (1), as renumbered, are amended to read:
66.1325 Urban redevelopment; city improvements. (intro.) For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of any such redevelopment plan located within the area in which it is authorized to act, any a local governing body may, upon such terms, with or without consideration, as it may determine that it determines, do all of the following:
(1) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects;.
66.421 (title) of the statutes is repealed.
66.421 of the statutes is renumbered 66.1323 (2) and amended to read:
66.1323 (2) The A city is authorized to may appropriate moneys for the purpose of making plans and surveys to carry out such redevelopment, and for any purpose required to carry out the intention of ss. 66.405
66.1301 to 66.425 66.1329.
66.422 (title) of the statutes is renumbered 66.1327 (title) and amended to read:
66.1327 (title) Urban redevelopment; construction of statute; conflict of laws; supplemental powers.
66.422 of the statutes is renumbered 66.1327 (1) and amended to read:
66.1327 (1) Sections 66.405 66.1301 to 66.425 66.1329 shall be construed liberally to effectuate the purposes hereof of urban redevelopment, and the enumeration therein of specific powers shall
does not operate to restrict the meaning of any general grant of power contained in ss. 66.405 66.1301 to
66.425 66.1329 or to exclude other powers comprehended in such the general grant.
66.424 (title) of the statutes is repealed.
66.424 of the statutes is renumbered 66.1327 (2) and amended to read:
66.1327 (2) Insofar as If ss. 66.405 66.1301 to 66.425 66.1329 are inconsistent with any other law, the provisions of these sections shall be are controlling.
66.425 (title) of the statutes is repealed.
66.425 of the statutes is renumbered 66.1327 (3) and amended to read:
66.1327 (3) The powers conferred by ss. 66.405 66.1301 to 66.425 shall be 66.1329 are in addition and supplemental to the powers conferred by any other law.
66.43 (title) of the statutes is renumbered 66.1331 (title).
66.43 (1), (2), (2m) and (3) (intro.) and (a) of the statutes are renumbered 66.1331 (1), (2), (2m) and (3) (intro.) and (a), and 66.1331 (2), (2m) and (3) (intro.) and (a), as renumbered, are amended to read:
66.1331 (2) Findings and declaration of necessity. It is hereby found and declared that there have existed and continue to exist in cities within the state, substandard, insanitary, deteriorated, slum and blighted areas which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals and welfare of the residents of the state; that the. The existence of such these areas contributes substantially and increasingly to the spread of disease and crime (necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, punishment, and the treatment of juvenile delinquency and for the maintenance of adequate police, fire and accident protection, and other public services and facilities), constitutes an economic and social liability, substantially impairs or arrests the sound growth of cities, and retards the provision of housing accommodations; that this. This menace is beyond remedy and control solely by regulatory process in the exercise of the police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids herein provided; that the in this section. The acquisition of property for the purpose of eliminating substandard, insanitary, deteriorated, slum or blighted conditions thereon or preventing recurrence of such these conditions in the area, the removal of structures and improvement of sites, the disposition of the property for redevelopment incidental to the foregoing these activities, and any assistance which may be given by cities or any other public bodies in connection therewith, are public uses and purposes for which public money may be expended and the power of eminent domain exercised; and that the. The necessity in the public interest for the provisions herein enacted of this section is hereby declared as a matter of legislative determination. Nothing herein contained shall be deemed to contravene, repeal or rescind the finding and declaration of necessity heretofore set forth in s. 66.43 (2) prior to the recreation thereof on July 10, 1953.
(2m) Discrimination. Persons otherwise entitled to any right, benefit, facility or privilege under this section shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin.
(3) Definitions. (intro.) The following terms whenever used or referred to in In this section shall, for the purposes of this section and, unless a different intent clearly appears from the context, be construed as follows:
(a) "Blighted area" means any area, including a slum area, in which a majority of the structures are residential or 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 and other causes, or any combination of such these factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare.
66.43 (3) (b) of the statutes is repealed.
Note: Repeals a provision that defines a city to be a city. The provision is unnecessary.
66.43 (3) (c) to (L) of the statutes are renumbered 66.1331 (3) (c) to (L), and 66.1331 (3) (d), (h) and (k), as renumbered, are amended to read:
66.1331 (3) (d) "Land" includes bare or vacant land, or the land under buildings, structures or other improvements, also and water and land under water. When employed in connection with "use", as for instance, "use of land" or "land use", "land" also includes buildings, structures and improvements existing or to be placed thereon on land.
(h) "Project area" means a blighted area or portion of a blighted area, as defined in par. (a), of such extent and location as adopted by the planning commission and approved by the local legislative body as an appropriate unit of redevelopment planning for a redevelopment project, separate from the redevelopment projects in other parts of the city. In the provisions of this section relating to leasing or sale by the city, for abbreviation "project area" is used for the remainder of the project area after taking out those pieces of property which shall have been or are to be transferred for public uses.
(k) "Real property" includes land; also includes land together with the buildings, structures, fixtures and other improvements thereon; also includes on the land; liens, estates, easements and other interests therein in the land; and also includes restrictions or limitations upon the use of land, buildings or structures, other than those imposed by exercise of the police power.
66.43 (3) (m) and (n) and (4) to (15) of the statutes are renumbered 66.1331 (3) (m) and (n) and (4) to (15), and 66.1331 (3) (m), (4) (a) and (c), (5), (6) (a) (intro.) and (b) to (g) and (7) to (15), as renumbered, are amended to read:
66.1331 (3) (m) "Redevelopment project" means any work or undertaking to acquire blighted areas or portions thereof of blighted areas, and lands, structures, or improvements, the acquisition of which is necessary or incidental to the proper clearance or redevelopment of such the areas or to the prevention of the spread or recurrence of slum conditions or conditions of blight in such the areas; to clear any such blighted areas by demolition or removal of existing buildings, structures, streets, utilities, or other improvements thereon and; to install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with a redevelopment plan; or to sell, lease or otherwise make available land in such blighted areas for residential, recreational, commercial, industrial or other use or for public use, or to retain such the land for public use, in accordance with a redevelopment plan. The term "redevelopment "Redevelopment project"
may also include includes the preparation of a redevelopment plan, the planning, surveying, and other work incident to a redevelopment project, and the preparation of all plans and arrangements for carrying out a redevelopment project. "Redevelopment plan" means a plan for the acquisition, clearance, reconstruction, rehabilitation or future use of a redevelopment project area.
Note: A separate definition of "redevelopment plan" is created in Section 297
(4) (a) Every A city is granted, in addition to its other powers, may exercise all powers necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following powers in addition to others herein granted all of the following:
1. To prepare or cause to be prepared Prepare redevelopment plans and to undertake and carry out redevelopment projects within its corporate limits.
2. To enter Enter into any contracts determined by the local legislative body to be necessary to effectuate the purposes of this section.