AB710,291,2119
(h) "Local governing body"
shall mean the board of alderpersons, means a 20common council, council, commission or other board or body vested by the charter of
21the a city or other law with jurisdiction to adopt or enact ordinances or local laws.
AB710,291,2422
(n) "Mortgage"
shall mean means a mortgage, trust indenture, deed of trust,
23building and loan contract or other instrument creating a lien on real property, and
24the indebtedness secured by each of them.
AB710,292,3
1(o) "Neighborhood unit"
shall mean
means a primarily residential district
2having the facilities necessary for well-rounded family living, such as schools, parks,
3playgrounds, parking areas and local shopping districts.
AB710,292,74
(p) "Planning commission"
shall mean means the official bureau, board,
5commission or agency of
the a city
established under the general city law or under
6a general or special charter and that is authorized to prepare, adopt
and, amend or
7modify a master plan for the development of the city.
AB710,292,138
(q) "Real property"
shall include includes lands, buildings, improvements, land
9under water, waterfront property, and any
and all easements, franchises and
10hereditaments, corporeal or incorporeal, and every estate, interest, privilege,
11easement, franchise and right
therein, or appurtenant thereto in or appurtenant to
12the real property, legal or equitable, including rights-of-way, terms for years and
13liens, charges, or encumbrances by mortgage, judgment or otherwise.
AB710,292,1814
(r) "Redevelopment"
shall mean means the clearance, replanning,
15reconstruction or rehabilitation of an area or part
thereof of an area, and the
16provision of
such industrial, commercial, residential or public structures or spaces
17as may be appropriate, including recreational and other facilities incidental or
18appurtenant
thereto to the structures or spaces.
AB710,292,2019
(s) "Redevelopment corporation"
shall mean means a corporation carrying out
20a redevelopment plan under ss.
66.405 66.1301 to
66.425 66.1329.
AB710, s. 402
21Section
402. 66.406 (title) of the statutes is renumbered 66.1303 (title).
AB710, s. 403
22Section
403. 66.406 (1), (2) and (3) (intro.) and (a) to (g) of the statutes are
23renumbered 66.1303 (1), (2) and (3) (intro.) and (a) to (g) and amended to read:
AB710,293,3
166.1303
(1) A development plan shall contain
such the information
as that the
2planning commission
shall, by rule or regulation require requires, including
all of the
3following:
AB710,293,44
(a) A metes and bounds description of the development area
;.
AB710,293,75
(b) A statement of the real property in the development area fee title to which
6the city proposes to acquire and a statement of the interests to be acquired in any
7other real property by the city
;.
AB710,293,118
(c) A statement of the various stages, if more than one is intended, by which
9the development is proposed to be constructed or undertaken, and the time limit for
10the completion of each stage, together with a metes and bounds description of the real
11property to be included in each stage
;.
AB710,293,1312
(d) A statement of the existing buildings or improvements in the development
13area, to be demolished immediately
, if any;.
AB710,293,1714
(e) A statement of the existing buildings or improvements, in the development
15area not to be demolished immediately
, if any, and the approximate period of time
16during which the demolition
, if any, of each
such building or improvement is to take
17place
;.
AB710,293,2118
(f) A statement of the proposed improvements
, if any, to each building not to
19be demolished immediately, any proposed repairs or alterations to
such the building,
20and the approximate period of time during which
such improvements, repairs or
21alterations are to be made
;.
AB710,293,2522
(g) A statement of the type, number and character of each new industrial,
23commercial, residential or other building or improvement to be erected or made
; and
24a statement of the maximum limitations upon the bulk of
such buildings or
25improvements to be permitted at various stages of the development plan
;.
AB710,294,5
1(h) A statement of those portions
, if any, of the development area which may
2be permitted or will be required to be left as open space, the use to which each
such 3open space is to be put, the period of time each
such open space will be required to
4remain an open space and the manner in which it will be improved and maintained
,
5if at all;.
AB710,294,86
(i) A statement of the proposed changes
, if any, in zoning ordinances or maps,
7necessary or desirable for the development and its protection against blighting
8influences
;.
AB710,294,109
(j) A statement of the proposed changes
, if any, in streets or street levels and
10any of proposed street closings
;.
AB710,294,1511
(k) A statement of the character of the existing dwelling accommodations
, if
12any, in the development area, the approximate number of families residing
therein 13in the development area, together with a schedule of the rentals being paid by them,
14and a schedule of the vacancies in
such the accommodations, together with the rental
15demanded
therefor; for the vacant accommodations.
AB710,294,1916
(L) A statement of the character, approximate number of units, approximate
17rentals and approximate date of availability of the proposed dwelling
18accommodations
, if any, to be furnished during construction and upon completion of
19the development
;.
AB710,294,2220
(m) A statement of the proposed method of financing the development, in
21sufficient detail to evidence the probability that the redevelopment corporation will
22be able to finance or arrange to finance the development
;
.
AB710,294,2523
(n) A statement of persons who it is proposed will be active in or associated with
24the management of the
redevelopment corporation during a period of at least one
25year from the date of the approval of the development plan.
AB710,295,7
1(o)
The development plan, and any application to the planning commission or
2local governing body for approval thereof, may contain in addition such other Other 3statements or material
as may be deemed that are considered relevant by the
4proposer thereof applicant, including suggestions for the clearance, replanning,
5reconstruction or rehabilitation of one or more areas which may be larger than the
6development area but which include it, and any other provisions for
the 7redevelopment
of such area or areas.
AB710,295,10
8(2) No development
shall may be
actually initiated until the adoption of a
9resolution of approval of the development plan
therefor by both the planning
10commission and the local governing body.
AB710,295,12
11(3) (intro.) The planning commission may approve a development plan after a
12public hearing, and shall determine
all of the following:
AB710,295,1813
(a) That the area within which the development area is included is substandard
14or insanitary and that the redevelopment of the development area in accordance with
15the development plan is necessary or advisable to effectuate the public purposes
16declared in s.
66.405 66.1301 (2); if the area is comprised of vacant land it shall be
17established that
such the vacant land impairs the economic value of surrounding
18areas in accordance with the general purposes expressed in s.
66.405 66.1301 (2)
;.
AB710,295,2019
(b) That the development plan is in accord with the master plan
, if any, of the
20city
;.
AB710,296,521
(c) That the development area is not less than 100,000 square feet in area,
22except that it may be smaller in area when undertaken in connection with a public
23improvement
, but in any event if it is of sufficient size to allow its redevelopment in
24an efficient and economically satisfactory manner and to contribute substantially to
25the improvement of the area in which the development is located
; but whenever. If
1the local governing body makes a finding to the effect that an area is in urgent need
2of development, and that
such development will contribute to the progress and
3expansion of an area whose economic growth is vital to the community,
then in such
4instance the development area
shall may not be less than 25,000 square feet subject
5to the requirements of par. (d)
;.
AB710,296,126
(d) That the various stages
, if any, by which the development is proposed to be
7constructed or undertaken, as stated in the development plan, are practicable and
8in the public interest and where the area to be developed consists either of vacant
9land or of substandard or insanitary buildings or structures as provided in s.
66.405 1066.1301 (3) (a), and
such the area is less than 100,000 square feet but more than
1125,000 square feet as provided in par. (c) then the new structures to be constructed
12on
such the vacant land
shall may not be less than 1,000,000 cubic feet
in area;.
AB710,296,1513
(e) That the public facilities
, based on whether the development
be a is 14residential, industrial or commercial
one, are
presently adequate or will be adequate
15at the time that the development is ready for use to serve the development area
;.
AB710,296,1916
(f) That the proposed changes
, if any, in the city map, in zoning ordinances or
17maps and in streets and street levels, or any proposed street closings, are necessary
18or desirable for the development and its protection against blighting influences and
19for the city
as a whole;.
AB710,297,620
(g) Upon data submitted by or on behalf of the redevelopment corporation, or
21upon data otherwise available to the planning commission, that there will be
22available for occupation by families
, if any, then occupying dwelling accommodations
23in the development area legal accommodations at substantially similar rentals in the
24development area or elsewhere in a suitable location in the city, and that
the carrying
25into effect of implementing the development plan will not cause undue hardship to
1such those families. The notice of the public hearing to be held by the planning
2commission prior to
its approval
by it of the development plan shall contain separate
3statements to the effect that before the development plan is approved, the planning
4commission must make the determination required in this paragraph, and that if the
5development plan is approved, real property in the development area is subject to
6condemnation.
AB710, s. 404
7Section
404. 66.406 (3) (h) of the statutes is renumbered 66.1303 (3m) and
8amended to read:
AB710,297,179
66.1303
(3m) Any such A determination
upon approval by the local governing
10body, shall be made under sub. (3) is conclusive evidence of the facts so determined
11except upon proof of fraud or wilful misfeasance. In arriving at
such the 12determination, the planning commission shall consider only those elements of the
13development plan relevant to
such the determination under
pars. (a) to (g) sub. (3) 14and to the type of development which is physically desirable for the development
15area concerned from a city planning viewpoint, and from a neighborhood unit
16viewpoint
, if the development plan provides that the development area is to be
17primarily residential.
AB710, s. 405
18Section
405. 66.406 (4) (intro.), (a) and (b) of the statutes are renumbered
1966.1303 (4) (intro.), (a) and (b), and 66.1303 (4) (intro.), as renumbered, is amended
20to read:
AB710,298,321
66.1303
(4) (intro.) The local governing body, by a two-thirds vote of the
22members elect thereof members-elect, may approve a development plan, but no
23resolution of approval
shall may be adopted by it unless
and until the planning
24commission
shall has first
have approved
thereof the development plan and
there
25has the plan and planning commission determination have been filed with the local
1governing body
the development plan, the determination by the planning
2commission, and unless
and until the local governing body
shall determine 3determines all of the following:
AB710, s. 406
4Section
406. 66.406 (4) (c) of the statutes is renumbered 66.1303 (4m) and
5amended to read:
AB710,298,106
66.1303
(4m) Any such A determination
shall be under sub. (4) is conclusive
7evidence of the facts
so determined except upon proof of fraud or wilful misfeasance.
8In considering whether
or not a resolution of approval of the development plan
shall 9will be adopted, the local governing body shall consider those elements of the
10development plan relevant to
such the determination under
pars. (a) and (b) sub. (4).
AB710, s. 407
11Section
407. 66.406 (5) to (8) of the statutes are renumbered 66.1303 (5) to (8)
12and amended to read:
AB710,298,2213
66.1303
(5) The planning commission and the local governing body, by a
14two-thirds vote of the
members elect thereof members-elect, may approve an
15amendment
or amendments to a development plan,
but no such amendment to a
16development plan which has theretofore been approved by the planning commission
17and the local governing body shall be approved unless and until
if an application
18therefor for the amendment has been filed with the planning commission by the
19redevelopment corporation containing that part of the material required by sub. (1)
20which
shall be is relevant to the proposed amendment
, and
unless and until if the
21planning commission and the local governing body
shall make the determinations
22required by sub. (3) or (4) which
shall be are relevant to the proposed amendment.
AB710,299,4
23(6) The planning commission and the local governing body may, for the
24guidance of prospective proponents of development plans, fix general standards to
25which a development plan shall conform. Variations from
such the standards may
1be allowed for the accomplishment of the purposes of ss.
66.405 66.1301 to
66.425.
2Such 66.1329. The standards may contain provisions more restrictive than those
3imposed by applicable planning, zoning, sanitary and building laws, ordinances and
4regulations.
AB710,299,11
5(7) Local housing authorities organized under ss.
66.40 66.1201 to
66.404 666.1211, redevelopment authorities organized under s.
66.431 66.1333, and
7community development authorities organized under s.
66.4325 66.1335 may render
8such advisory services in connection with the preliminary surveys, studies and
9preparation of a development plan as
may be requested by the city planning
10commission or the local governing body and charge fees for
such advisory services
11based on
the their actual cost
thereof.
AB710,299,17
12(8) Notwithstanding any other provision of law, the local legislative body may
13designate, by ordinance or resolution, the local housing authority, the local
14redevelopment authority, or both jointly, or the local community development
15authority, to perform all acts, except the development of the general plan of the city,
16which are otherwise performed by the planning commission under ss.
66.405 66.1301 17to
66.425 66.1329.
AB710, s. 408
18Section
408. 66.407 of the statutes is renumbered 66.1305, and 66.1305 (1)
19(intro.) and (a) to (h), as renumbered, are amended to read:
AB710,299,2120
66.1305
(1) (intro.) No redevelopment corporation
shall may do any of the
21following:
AB710,299,2422
(a) Undertake any clearance, reconstruction, improvement, alteration or
23construction in connection with any development until the approvals required by s.
2466.406 66.1303 have been made
;.
AB710,300,5
1(b)
Change, alter, amend, add to or depart from Amend the development plan
2until the planning commission and the local governing body have approved that
3portion of
such change, alteration, amendment, addition or departure the
4amendment relevant to the determination required to be made by it as set forth in
5s.
66.406; 66.1303.
AB710,300,106
(c) After a development has been commenced, sell, transfer or assign any real
7property in the development area without first obtaining the consent of the local
8governing body
, which consent. Consent may be withheld only if the sale, transfer
9or assignment is made for the purpose of evading the provisions of ss.
66.405 66.1301 10to
66.425; 66.1329.
AB710,300,1511
(d) Pay
as compensation
for services to
, or enter into contracts for the payment
12of compensation for services to, its officers or employes in an amount greater than
13the limit
thereon contained in the development plan, or
in if a default
thereof of the
14development plan occurs, then in an amount greater than the reasonable value of the
15services performed
or to be performed by
such the officers or employes
;.
AB710,300,1916
(e) Lease an entire building or improvement in the development area to any
17person or corporation without obtaining the approval of the local governing body
18which may be withheld only if the lease is being made for the purpose of evading the
19provisions of ss.
66.405 66.1301 to
66.425; 66.1329.
AB710,300,2120
(f) Mortgage any of its real property without obtaining the approval of the local
21governing body
;.
AB710,300,2322
(g) Make any guarantee without obtaining the approval of the local governing
23body
;.
AB710,301,524
(h) Dissolve without obtaining the approval of the local governing body, which
25may be given upon
such conditions
as said body may deem deemed necessary or
1appropriate to the protection of the interest of the city in the proceeds of the sale of
2the real property as to any property or work turned into the development by the city.
3Such The approval
is to shall be indorsed on the certificate of dissolution and
such 4the certificate
is may not
to be filed in the office of the secretary of state in the absence
5of
such the indorsement
;
.
AB710, s. 409
6Section
409. 66.408 (title) of the statutes is renumbered 66.1307 (title).
AB710, s. 410
7Section
410. 66.408 (1), (2), (3) and (4) of the statutes are renumbered 66.1307
8(1), (2) (a), (3) and (4) and amended to read:
AB710,301,139
66.1307
(1) Application of other corporation laws to redevelopment
10corporations. The provisions of the general corporation law
as presently in effect
11and as hereafter from time to time amended, shall apply to redevelopment
12corporations,
except where such unless the provisions are in conflict with the
13provisions of ss.
66.405 66.1301 to
66.425 66.1329.
AB710,301,16
14(2) (a) No redevelopment corporation
shall may issue stocks, bonds or income
15debentures, except for money or property actually received for the use and lawful
16purposes of the corporation or services actually performed for the corporation.
AB710,301,24
17(3) Determination of development cost. (a) Upon the completion of a
18development a redevelopment corporation shall, or upon the completion of a
19principal part of a development a redevelopment corporation may, file with the
20planning commission an audited statement of the development cost
thereof. Within
21a reasonable time after the filing of
such the statement, the planning commission
22shall determine the development cost applicable to the development or
such portion
23thereof of the development and shall issue to the redevelopment corporation a
24certificate stating the amount
thereof as of the development cost so determined.
AB710,302,9
1(b) A redevelopment corporation may,
at any time, whether prior or subsequent
2to the undertaking of any contract or expense, apply to the planning commission for
3a ruling as to whether any particular item
and amount of cost
therein may be
4included in development cost when finally determined by the planning commission
,
5and the amount thereof. The planning commission shall, within a reasonable time
6after
such the application, render a ruling
thereon, and
in the event that it shall be 7if it is ruled that any item of cost may be included in development cost, the amount
8thereof as so determined of the cost shall be
so included in development cost when
9finally determined.
AB710,302,11
10(4) Regulation of redevelopment corporations. A redevelopment corporation
11shall
do all of the following:
AB710,302,1812
(a) Furnish to the planning commission
from time to time, as required by it, but
13with respect to regular reports not more often than once every 6 months, such 14financial information, statements, audited reports or other material
as such that the 15commission
shall require requires, each of which shall conform to such standards of
16accounting and financial procedure
as that the planning commission
may by general
17regulation
prescribe prescribes, except that the planning commission may not
18require a regular report more often than once every 6 months.
AB710,302,2019
(b) Establish and maintain
such depreciation and other reserves, surplus and
20other accounts
as that the planning commission reasonably requires.
AB710, s. 411
21Section
411. 66.41 (title) of the statutes is repealed.
AB710, s. 412
22Section
412. 66.41 of the statutes is renumbered 66.1307 (2) (b) and amended
23to read:
AB710,303,224
66.1307
(2) (b)
No A redevelopment corporation
shall may pay
any interest on
25its income debentures or dividends on its stock during any dividend year, unless
1there shall exist, at the time of
any such an intended payment
, no a default
exists 2under any amortization requirements with respect to its indebtedness.
AB710, s. 413
3Section
413. 66.411 of the statutes is renumbered 66.1329 and amended to
4read:
AB710,304,7
566.1329 Urban redevelopment; enforcement of duties. Whenever If a
6redevelopment corporation
shall not have fails to substantially
complied comply 7with the development plan within the time limits for the completion of each stage
8thereof as therein stated, reasonable delays caused by unforeseen difficulties
9excepted, or
shall do, permit to be done or fail or omit to do anything contrary to or
10required of it, as the case may be, by ss. 66.405 to 66.425, or shall be about so to do,
11permit to be done or fail or omit to have done, as the case may be then any such fact, 12violates or is about to violate ss. 66.1301 to 66.1329, the failure to comply or actual
13or possible violation may be certified by the planning commission to the city attorney
14of the city
, who. The city attorney may
thereupon commence a proceeding in the
15circuit court of the county in which the city is in whole or in part situated in the name
16of the city for the purpose of
having such action, failure or omission, or threatened
17action, failure or omission, established by order of the court or stopped, prevented or
18otherwise rectified by mandamus, injunction or otherwise. Such proceeding shall be
19commenced by a petition to the circuit court alleging the violation complained of and
20praying for appropriate relief. It shall thereupon be the duty of the court to specify
21the time, not exceeding 45 days after service of a copy of the petition, within which
22the redevelopment corporation complained of must answer the petition seeking
23appropriate relief. The court
, shall, immediately after a default in answering or after
24answer,
as the case may be, inquire into the facts and circumstances in
such the 25manner
as that the court
shall direct directs without other or formal proceedings,
1and without respect to any technical requirements.
Such other persons or
2corporations as it shall seem to the The court
may join as parties any other persons
3it deems necessary or proper
to join as parties in order to make its order or judgment
4effective
may be joined as parties. The final judgment or order in
any such the action
5or proceeding shall dismiss the action or proceeding or
establish the failure
6complained of or direct that a mandamus order, or an injunction, or both, issue, or 7grant
such other relief as the court may deem appropriate
relief.
AB710, s. 414
8Section
414. 66.412 of the statutes is renumbered 66.1309 (intro.) and
9amended to read:
AB710,304,22
1066.1309 Urban redevelopment; transfer of land. (intro.) Notwithstanding
11any
requirement of other law
to the contrary or the absence of direct provision
12therefor for transfer of land in the instrument under which a fiduciary is acting,
13every executor, administrator, trustee, guardian or other person, holding trust funds
14or acting in a fiduciary capacity, unless the instrument under which
such the 15fiduciary is acting expressly forbids, the state, its subdivisions, cities, all other public
16bodies, all public officers, corporations organized under or subject to the provisions
17of the banking law, the division of banking as conservator, liquidator or rehabilitator
18of any
such person, partnership or corporation, persons, partnerships and
19corporations organized under or subject to the provisions of the banking law, the
20commissioner of insurance as conservator, liquidator or rehabilitator of any
such 21person, partnership or corporation, any of which owns or holds any real property
22within a development area, may
grant do all of the following:
AB710,304,24
23(1) Grant, sell, lease or otherwise transfer any
such real property to a
24redevelopment corporation
, and receive.
AB710,305,3
1(2) Receive and hold any cash, stocks, income debentures, mortgages, or other
2securities or obligations, secured or unsecured, exchanged
therefor for the transfer 3by
such the redevelopment corporation
, and may execute such.
AB710,305,6
4(3) Execute instruments and do
such acts
as may be deemed that are
5considered necessary or desirable by them or it and by the redevelopment
6corporation in connection with the development and the development plan.
AB710, s. 415
7Section
415. 66.413 of the statutes is renumbered 66.1311 and amended to
8read:
AB710,305,12
966.1311 Urban redevelopment; acquisition of land. (1) A redevelopment
10corporation may
whether before or after the development plan has been approved, 11acquire real property or secure options in its own name or in the name of nominees
12to acquire real property, by gift, grant, lease, purchase or otherwise.
AB710,305,24
13(2) A city may, upon request by
the
a redevelopment corporation, acquire, or
14obligate itself to acquire, for
such the redevelopment corporation
any real property
15included in
such a certificate of approval of condemnation, by gift, grant, lease,
16purchase, condemnation, or otherwise, according to the provisions of any
17appropriate general, special or local law applicable to the acquisition of real property
18by the city. Real property acquired by a city for a redevelopment corporation shall
19be conveyed by
such the city to the redevelopment corporation upon payment to the
20city of all sums expended or required to be expended by the city in the acquisition of
21such the real property, or leased by
such the city to
such the redevelopment 22corporation,
all upon
such terms
as may be agreed upon between the city and the
23redevelopment corporation to carry out the purposes of ss.
66.405 66.1301 to
66.425 2466.1329.
AB710,306,3
1(3) The provisions of ss.
66.405 66.1301 to
66.425 66.1329 with respect to the
2condemnation of real property by a city for a redevelopment corporation
shall prevail
3over the provisions of any other
general, special or local law.
AB710, s. 416
4Section
416. 66.414 of the statutes is renumbered 66.1313 and amended to
5read:
AB710,307,8
666.1313 Urban redevelopment; condemnation for. (1) Condemnation
7proceedings for a redevelopment corporation shall be initiated by a petition to the
8city to institute proceedings to acquire for the redevelopment corporation any real
9property in the development area.
Such The petition shall be granted or rejected by
10the local governing body, and the resolution or resolutions granting
such the petition
11shall
contain a requirement require that the redevelopment corporation
shall pay
to 12the city all sums expended or required to be expended by the city in the acquisition
13of
such the real property, or for any real property to be conveyed to the corporation
14by the city in connection with the plan, and the time of payment and manner of
15securing payment
thereof, and may require that the city
shall receive, before
16proceeding with the acquisition of
such the real property, such assurances as to
17payment or reimbursement by the redevelopment corporation, or otherwise, as the
18city
may deem deems advisable. Upon the passage of a resolution
or resolutions by
19the local governing body granting the petition, the redevelopment corporation shall
20cause to be made make 3 copies of surveys or maps of the real property described in
21the petition, one of which shall be filed in the office of the redevelopment corporation,
22one in the office of the city attorney of the city, and one in the office in which
23instruments affecting real property in the county are recorded. The filing of
such 24copies of surveys or maps
shall constitute the constitutes acceptance by the
25redevelopment corporation of the terms and conditions contained in
such the
1resolution
or resolutions. The city may conduct
any condemnation proceedings
2either under ch. 32 or
at its option, under other laws applicable to
such the city. When
3title to
the real property
shall have vested vests in the city, it shall convey or lease
4the
same real property, with any other real property to be conveyed or leased to the
5redevelopment corporation by the city in connection with
said the redevelopment 6plan, to the redevelopment corporation upon payment by the redevelopment
7corporation of the sums and the giving of the security required by the resolution
8granting the petition.
AB710,307,11
9(2) The following provisions
shall apply to any proceedings for the assessment
10of compensation and damages for real property in a development area taken or to be
11taken by condemnation for a redevelopment corporation:
AB710,307,1812
(a) For the purpose of ss.
66.405 66.1301 to
66.425 66.1329, the award of
13compensation
shall may not be increased by reason of any increase in the value of
14the real property caused by the assembly, clearance or reconstruction, or proposed
15assembly, clearance or reconstruction for the purposes of ss.
66.405 66.1301 to
66.425 1666.1329, of the real property in the development area. No allowance
shall may be
17made for improvements begun on real property after notice to the owner of
such the 18property of the institution of the proceedings to condemn
such the property.
AB710,308,219
(b) Evidence
shall be is admissible
bearing upon that is relevant to the
20insanitary, unsafe or substandard condition of the premises, or
the of their illegal use
21thereof, or the enhancement of rentals from
such illegal use, and
such the evidence
22may be considered in fixing the compensation to be paid, notwithstanding that no
23steps to remedy or abate
such the conditions have been taken by the department or
24officers having jurisdiction. If a violation order is on file against the premises in
any
1such the department, it
shall constitute constitutes prima facie evidence of the
2existence of the condition specified in
such the order.
AB710,308,103
(c) If
any of the real property in the development area which is to be acquired
4by condemnation has,
prior to such before acquisition, been devoted to another public
5use, it may
nevertheless be acquired provided that no real property belonging to the
6city or to any other governmental body, or agency or instrumentality
thereof of the
7city or other governmental body, corporate or otherwise, may be acquired without its
8consent. No real property belonging to a public utility corporation may be acquired
9without the approval of the
public service commission or other officer or tribunal
10having regulatory power over
such the corporation.
AB710,308,1711
(d) Upon the trial a statement, affidavit, deposition, report, transcript of
12testimony in an action or proceeding, or appraisal made or given by any owner or
13prior owner of the premises taken, or by any person on the owner's or prior owner's
14behalf, to any court, governmental bureau, department or agency respecting the
15value of the real property for tax purposes,
shall be
is relevant, material and
16competent upon the issue of value of damage and
shall be is admissible on direct
17examination.
AB710,308,2018
(e)
The term "owner", as used in In this section,
shall include "owner" includes 19a person having an estate, interest or easement in the real property to be acquired
20or a lien, charge or encumbrance
thereon on the real property.
AB710, s. 417
21Section
417. 66.415 of the statutes is renumbered 66.1315 and amended to
22read:
AB710,309,19
2366.1315 Urban redevelopment; continued use of land by prior owner. 24(1) When title to real property has vested in a redevelopment corporation or city
by
25gift, grant, devise, purchase or in condemnation proceedings or otherwise, the
1redevelopment corporation or city
, as the case may be, may agree with the previous
2owners of
such the property,
or any tenants continuing to occupy or use it, or any
3other persons who may occupy or use or seek to occupy or use
such the property, that
4such the former owner, tenant or other persons may occupy or use
such the property
5upon the payment of a fixed sum of money for a definite term or upon the payment
6periodically of an agreed sum of money.
Such The occupation or use
shall may not
7be construed as a tenancy from month to month, nor require the giving of notice by
8the redevelopment corporation or the city
, as the case may be, for the termination of
9such occupation or use or the right to
such occupation or use
, but immediately.
10Immediately upon the expiration of the term for which payment has been made the
11redevelopment corporation or city
, as the case may be, shall be is entitled to
12possession of the real property and may maintain summary proceedings
, or obtain
13a writ of assistance, and
shall be is entitled to
such any other remedy
as may be 14provided by law for obtaining immediate possession
thereof. A former owner, tenant
15or other person occupying or using
such real property
shall may not be required to
16give notice to the redevelopment corporation or city
, as the case may be, at the
17expiration of the term for which that person has made payment for
such occupation
18or use, as a condition to that person's cessation of occupation or use and termination
19of liability
therefor.
AB710,310,2
20(2) In the event that If a city has acquired real property for a redevelopment
21corporation, the city shall, in transferring title to the redevelopment corporation,
22deduct from the consideration or other moneys which the redevelopment corporation
23has become obligated to pay to the city for
such
this purpose, and credit the
24redevelopment corporation with, the amounts received by the city as payment for
25temporary occupation and use of the real property by a former owner, tenant, or other
1person
, as in this section provided, less the cost and expense incurred by the city for
2the maintenance and operation of
such the real property.