senate Bill S6779

Relates to blighted property and blighted areas; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Mar / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 28 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Establishes what is and what is not blighted property and blighted areas.

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Bill Details

See Assembly Version of this Bill:
A7887
Versions:
S6779
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
New York State Urban Development Corporation Act
Laws Affected:
Amd §§2, 3 & 10, rpld §3 sub 12, UDC Act; amd §§103 & 204, add §204-a, EDP L

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Corporations, Authorities and Commissions committee vote details

Sponsor Memo

BILL NUMBER:S6779

TITLE OF BILL: An act to amend the New York state urban development
corporation act and the eminent domain procedure law, in relation to
blighted property and blighted areas; and to repeal certain provisions
of the New York state urban development corporation act relating
thereto

PURPOSE: To provide an objective, measurable standard for determining
whether a property, group of properties or an area is "blighted" in
the context of the exercise of eminent domain.

SUMMARY OF PROVISIONS:

Section 1 amends Section 2 of the Urban Development Corporation Act
("UDC") to update the purpose of the UDC to include such important
public policies as consideration for the environment, comprehensive
planning and concern for those individuals and businesses displaced by
redevelopment.

Section 2 amends Section (3) (12) to repeal the existing definition of
"substandard and insanitary" and replace it with an objective
definition of blight. A property or group of properties would be found
to be blighted only if they met certain detailed criteria of
deterioration. Further, in order far an area to be found to be
blighted, 60 percent of the individual properties would have to be
found to be blighted and these properties would have to represent a
geographical majority of the redevelopment area. Finally, a
declaration of blight would expire after 10 years.

Section 3 amends Section 10 of the UDC to make the "findings" required
by the statute consistent with the new definition of blight.

Section 4 amends Section 103 of the eminent domain procedure law to
amend the law's definition of blight to conform to the amended UDC.

Section 5 amends the eminent domain procedure law to add a section to
define blight to conform to the amended UDC.

Section 6 amends the eminent domain procedure law to add a section to
define blight to conform to the amended UDC.

Section 7 provides that the act will take effect immediately.

Effects of the present law which this bill would alter: This bill
would replace the vague definition of "substandard and insanitary"
found in the UDC and the eminent domain procedure law with an
objective definition of blight.

JUSTIFICATION: That "private property shall not be taken for public
use without just compensation" is a right guaranteed by the New York
Constitution. The words "public use" are meant to protect property
owners from the State's power to transfer property from one private
property owner to another. Over the last decade, courts have
considered the question of whether economic development constitutes a
"public use." In the most notable of these cases, Kelo v. City of New
London, the Supreme Court allowed for the forcible transfer of


property from one private owner to another in support of economic
development. This decision has prompted legislative reform in forty
three states and it is time for New York to follow suit.

In a decision by the New York Court of Appeals addressing the use of
eminent domain in the context of economic development, Chief Judge
Lippman stated that "it may be that the bar has now been set too low'
that what will now pass as 'blight,' as that expression has been come
to be understood and used by political appointees to public
corporations relying upon studies paid for developers, should not be
permitted to constitute a predicate for the invasion of property
rights and the razing of homes and businesses. But any such limitation
upon the sovereign power of eminent domain as it has come to be
defined in the urban renewal context is a matter for the Legislature,
not the courts." Matter of Goldstein v. New York State Urban Dev.,
(2009 NY Slip op 08677) (emphasis added). I am taking up Chief Judge
Lippman's invitation to further define blight.

This bill provides objective, quantifiable standards by which to
determine whether a property or area is indeed blighted. It will
ensure that condemnors under the Urban Development Corporation Act and
the eminent domain procedure law use consistent and predictable
factors related to the public's health and safety to evaluate the
blight status of a neighborhood. The bill requires that 50 percent of
the properties within the redevelopment area be considered blighted
and that these properties cover a majority of the geographical area of
the project.

Eminent domain can be a useful and even necessary tool for urban
redevelopment, particularly for older built-out cities like those in
New York State. Its application, however, must balance the rights of
property owners with the need for economic development. This bill
provides much needed standards to be used when such rights are
balanced against the need for development.

FISCAL IMPLICATION: None.

EFFECTIVE DATE: Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6779

                            I N  S E N A T E

                             March 10, 2014
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions

AN ACT to amend the New York state urban development corporation act and
  the eminent domain procedure law, in relation to blighted property and
  blighted areas; and to repeal certain provisions of the New York state
  urban development corporation act relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 2 of section 1 of chapter 174 of the laws of 1968,
constituting  the  New York state urban development corporation act, the
ninth undesignated paragraph as added by chapter 280 of the laws of 1984
and the tenth undesignated paragraph as amended by chapter  747  of  the
laws of 2005, is amended to read as follows:
  S  2.  Statement  of  legislative  findings and purposes. It is hereby
found and declared that there exists in [urban] SOME areas of this state
a condition of substantial and persistent unemployment and  underemploy-
ment  which  causes  hardship  to  many individuals and families, wastes
vital human resources, increases the public assistance  burdens  of  the
state  and municipalities, impairs the security of family life, contrib-
utes to the growth of crime and delinquency, prevents many of our  youth
from  finishing  their  [educations] EDUCATION, impedes the economic and
physical development of municipalities and adversely affects the welfare
and prosperity of all the people of the  state.  [Many  existing  indus-
trial,  manufacturing  and commercial facilities in such urban areas are
obsolete and inefficient, dilapidated, and without adequate mass  trans-
portation  facilities  and  public services. Many of such facilities are
underutilized or in the process of being  vacated,  creating  additional
unemployment.  Technological advances and the provision of modern, effi-
cient facilities in other states will speed the obsolescence  and  aban-
donment  of existing facilities causing serious injury to the economy of
the state. Many  existing  and  planned  industrial,  manufacturing  and
commercial  facilities  are, moreover, far from or not easily accessible
to the places of residence of substantial numbers of unemployed persons.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03585-05-3

S. 6779                             2

As a result, problems of chronic unemployment are not  being  alleviated
but are aggravated. New industrial, manufacturing and commercial facili-
ties  are  required  to  attract and house new industries and thereby to
reduce  the  hazards  of  unemployment.  The  unaided efforts of private
enterprise have not met and cannot meet  the  needs  of  providing  such
facilities  due  to problems encountered in assembling suitable building
sites]
  IT IS FURTHER FOUND AND DECLARED THAT THE UNAIDED EFFORTS  OF  PRIVATE
INDUSTRIAL,  MANUFACTURING  AND  COMMERCIAL  BUSINESSES  ARE  NEGATIVELY
AFFECTED BY AGING AND INEFFICIENT FACILITIES,  DIFFICULTIES  IN  FINDING
SUITABLE  BUILDING  SITES  FOR  NEW  FACILITIES, lack of adequate public
services, the unavailability of private capital for development [in such
urban areas], and the inability of private enterprise alone  to  plan[,]
AND  finance  DEVELOPMENT  and  TO coordinate [industrial and commercial
development] SUCH DEVELOPMENT with [residential developments for persons
and families of low income and  with]  AFFORDABLE  HOUSING  DEVELOPMENT,
COMMUNITY  DEVELOPMENT PROGRAMS, public services and mass transportation
facilities.
  It is further found and declared that  there  exist  in  many  munici-
palities  within  this  state  [residential, nonresidential, commercial,
industrial or vacant areas, and combinations thereof, which are slum  or
blighted,  or  which  are  becoming  slum  or  blighted areas because of
substandard,  insanitary,  deteriorated  or  deteriorating   conditions,
including  obsolete  and dilapidated buildings and structures, defective
construction, outmoded design, lack of  proper  sanitary  facilities  or
adequate  fire  or  safety protection, excessive land coverage, insuffi-
cient light and ventilation, excessive population density, illegal  uses
and  conversions,  inadequate  maintenance,  buildings  abandoned or not
utilized in whole or substantial part, obsolete  systems  of  utilities,
poorly  or improperly designed street patterns and intersections, inade-
quate access to areas, traffic congestion hazardous to the public  safe-
ty,  lack of suitable off-street parking, inadequate loading and unload-
ing facilities, impractical street widths, sizes and shapes, blocks  and
lots  of  irregular  form,  shape  or insufficient size, width or depth,
unsuitable topography, subsoil or other  physical  conditions,  all  of]
BLIGHTED PROPERTIES AND BLIGHTED AREAS, WHICH ARE CHARACTERIZED BY PREM-
ISES  UNFIT FOR HUMAN HABITATION AND DANGEROUS TO LIFE AND PROPERTY, AND
which hamper or impede proper and economic development of such areas and
which impair or arrest the sound growth of the area, community or  muni-
cipality, and the state as a whole.
  It is further found and declared that there is a serious need through-
out the state for adequate educational, recreational, cultural and other
community  facilities, the lack of which threatens and adversely affects
the health, safety[, morals] and welfare of the people of the state.
  It is further  found  and  declared  that  there  continues  to  exist
throughout  the  state  a seriously inadequate supply of [safe and sani-
tary] ACCEPTABLE dwelling accommodations for persons and families of low
income. This condition is contrary to the public interest and  threatens
the  health,  safety, welfare, comfort and security of the people of the
state. The ordinary operations of private enterprise cannot  provide  an
adequate  supply  of  safe  and  sanitary  dwelling  accommodations  [at
rentals] which persons and families of low income can afford.
  It is hereby declared to be the policy  of  the  state  to  promote  a
vigorous  and  growing  economy,  to  prevent economic stagnation and to
encourage the creation of new job  opportunities  in  order  to  protect
against  the hazards of unemployment, reduce the level of public assist-

S. 6779                             3

ance to now indigent individuals and families, increase revenues to  the
state  and  to  its municipalities and to achieve stable and diversified
local economies. In furtherance of these goals, it is the policy of  the
state  to  retain  existing  industries  and  to  attract new industries
through the acquisition,  construction,  FINANCING,  reconstruction  and
rehabilitation  of  industrial  and  manufacturing plants and commercial
facilities, and to develop  sites  for  new  industrial  and  commercial
building.  It  is  further  declared  to  be  the policy of the state to
promote the development of such plants and facilities, reasonably acces-
sible to residential facilities, in those areas where substantial  unem-
ployment  or  underemployment exists, to the end that the industrial and
commercial development [of our urban areas] will proceed in sound  fash-
ion and in coordination with development of housing, mass transportation
and  public  services,  and  that job opportunities will be available in
those areas where people lack jobs.
  IT IS FURTHER FOUND AND DECLARED THAT  THERE  IS  AN  URGENT  NEED  TO
PROTECT AND ENHANCE THE QUALITY OF THE NATURAL ENVIRONMENT, TO ENCOURAGE
THE  DEVELOPMENT  AND  EXPANSION  OF EXISTING AND ALTERNATIVE SOURCES OF
ENERGY AND THE CONSERVATION OF ENERGY, AND  TO  ABATE  AND  PREVENT  THE
GENERATION  OF  HAZARDOUS  WASTE,  TOXIC BY-PRODUCTS, AND OTHER TYPES OF
ENVIRONMENTAL POLLUTION.
  It is further declared to be the policy of the state  to  promote  the
safety,  health[,  morals] and welfare of the people of the state and to
promote the sound growth and development of our  municipalities  through
the  [correction of such substandard, insanitary, blighted, deteriorated
or deteriorating conditions, factors and characteristics by  the  clear-
ance,  replanning, reconstruction, redevelopment, rehabilitation, resto-
ration or conservation of such areas,] REDEVELOPMENT OF  BLIGHTED  AREAS
and  [of  areas reasonably accessible thereto] the undertaking of public
and  private  improvement  programs  [related  thereto],  including  the
provision  of educational, recreational and cultural facilities, and the
encouragement of participation in these programs by private  enterprise.
IN  FURTHERANCE  OF THESE GOALS, IT IS THE POLICY OF THE STATE TO ENGAGE
AND EMPOWER THE PUBLIC THROUGH EDUCATIONAL PROGRAMS, COMMUNITY OUTREACH,
AND AN OPEN AND INCLUSIVE REDEVELOPMENT PLANNING PROCESS; TO  COORDINATE
REDEVELOPMENT  PROJECTS  AND  IMPROVEMENT PROGRAMS WITH LOCAL GOVERNMENT
PLANNING GOALS; TO RESPECT COMMUNITIES'  EXISTING  SOCIAL  AND  CULTURAL
FABRIC AND TO LIMIT RESIDENTIAL AND BUSINESS DISPLACEMENT TO THE MAXIMUM
EXTENT  POSSIBLE;  TO  REUSE  EXISTING  RESOURCES AND INFRASTRUCTURE AND
RECYCLE MATERIALS AND STRUCTURES; TO  ENCOURAGE  ENERGY  EFFICIENCY  AND
SUSTAINABLE  BUILDING; TO CONSERVE UNDEVELOPED LAND AND ENCOURAGE INFILL
AND BROWNFIELD DEVELOPMENT; TO IMPROVE OR RESTORE NATURAL  SYSTEMS  SUCH
AS  STREAMBEDS, DRAINAGE COURSES, WETLANDS, RIVERS, AND OTHER ECOLOGICAL
FEATURES, AND TO ENCOURAGE THE CREATION OF PUBLICLY AVAILABLE OPEN SPAC-
ES; TO ENSURE THAT ENVIRONMENTAL POLLUTION DOES NOT  DISPARATELY  AFFECT
AREAS WITH A SUBSTANTIAL NUMBER OF MINORITY OR LOW INCOME HOUSEHOLDS; TO
INCORPORATE  CULTURAL  RESOURCES  AND LANDSCAPES INTO PROJECT DESIGNS BY
PRESERVING AND REHABILITATING BUILDINGS  WITH  CULTURAL,  HISTORICAL  OR
ARCHITECTURAL SIGNIFICANCE, ENCOURAGING ADAPTIVE REUSE AS AN ALTERNATIVE
TO DEMOLITION AND NEW CONSTRUCTION, AND ENCOURAGING COMPATIBLE DESIGN OF
NEW CONSTRUCTION; TO ENCOURAGE THE RETENTION AND CONSTRUCTION OF AFFORD-
ABLE HOUSING THROUGH INCENTIVES, LOANS, AND OTHER PROGRAMS; TO ENCOURAGE
DEVELOPMENT  THAT  IS ACCESSIBLE AND INVITING TO PEDESTRIANS, BICYCLISTS
AND TRANSIT USERS, AND TO DISCOURAGE  DEVELOPMENT  THAT  IS  RELIANT  ON
PERSONAL   AUTOMOBILE  TRANSPORTATION;  TO  INCREASE  OPPORTUNITIES  FOR
PRIVATE ENTERPRISE, ESPECIALLY FOR SMALL BUSINESSES,  LOCAL  BUSINESSES,

S. 6779                             4

AND  BUSINESSES  OWNED  BY MINORITIES AND WOMEN, THROUGH PROCEDURES THAT
ARE FAIR, OPEN, EQUITABLE, TRANSPARENT, AND DEMONSTRATED TO BE THE  BEST
CHOICE  FOR  THE  PUBLIC  INTEREST; TO PROVIDE SUFFICIENT SAFEGUARDS AND
PROTECTIONS  IN  THE EVENT THAT PRIVATE DEVELOPERS WITHDRAW FROM PARTIC-
IPATION IN A REDEVELOPMENT PROJECT OR IMPROVEMENT PROGRAM;  TO  INCREASE
EMPLOYMENT  OPPORTUNITIES  FOR  LOCAL  RESIDENTS,  ESPECIALLY LOW INCOME
RESIDENTS, AND PERSONS WITH OTHER BARRIERS TO  EMPLOYMENT,  THROUGH  JOB
TRAINING,  LOCAL  HIRING AND OTHER ASSISTANCE PROGRAMS; AND TO ENCOURAGE
THE CREATION OF QUALITY JOBS.
  It is further declared to be the policy of the state  to  promote  the
safety,  health[, morals] and welfare of the people of the state through
the provision of adequate, safe and sanitary dwelling accommodations and
facilities incidental or appurtenant thereto for persons and families of
low income.
  For these purposes, there should be created a  corporate  governmental
agency to be known as the "New York state urban development corporation"
which,  through  issuance  of  bonds and notes to the private, investing
public, by encouraging maximum participation by the  private  sector  of
the  economy,  including the sale or lease of the corporation's interest
in projects at the earliest time deemed feasible,  and  through  partic-
ipation  in  programs undertaken by the state, its agencies and subdivi-
sions, and by municipalities and the federal government, may provide  or
obtain  the  capital  resources  necessary to acquire, construct, recon-
struct, rehabilitate or improve such industrial, manufacturing,  commer-
cial,  educational,  recreational  and  cultural facilities, and housing
accommodations for persons and families of low  income,  and  facilities
incidental  or  appurtenant  thereto,  and  to carry out the [clearance,
replanning, reconstruction and rehabilitation of  such  substandard  and
insanitary] REDEVELOPMENT OF BLIGHTED areas.
  It is further declared to be the policy of New York state to encourage
the development of research and development facilities and high technol-
ogy  industrial  incubator  space  at  institutions  of higher education
located in this state and authorized to confer degrees by law or by  the
board  of  regents,  or  on lands in reasonable proximity to such insti-
tutions provided that (i) in the case of research and development facil-
ities such facilities are for the cooperative use of one  or  more  such
institutions  and  one or more business corporations, research consortia
or other industrial organizations  involved  in  research,  development,
demonstration,  or other technologically oriented industrial activities;
and (ii) in the case of high technology industrial incubator space, such
space shall be for rental to business concerns which are in their  form-
ative  stages  and  which  are  involved  in high technology activities,
including but not limited to business concerns  initiated  by  students,
employees  of  such  institution,  including  faculty  members and other
persons or firms academically associated with such institution.
  It is hereby declared that the acquisition,  construction,  FINANCING,
reconstruction,  rehabilitation or improvement of such industrial, manu-
facturing and commercial facilities, and of such  cultural,  educational
and  recreational  facilities  including  but  not limited to facilities
identified as projects and called for to implement  a  state  designated
heritage  area  management  plan  as  provided  in title G of the parks,
recreation and historic preservation law;  the  [clearance,  replanning,
reconstruction  and  rehabilitation  of such substandard and insanitary]
REDEVELOPMENT OF BLIGHTED areas; and the provision of adequate, safe and
sanitary housing accommodations for persons and families of  low  income
and  such  facilities  as  may  be incidental or appurtenant thereto are

S. 6779                             5

public uses and public purposes for which public money may be loaned and
private property may be acquired and tax exemption granted, and that the
powers and duties of the New York state urban development corporation as
hereinafter  prescribed  are  necessary  and  proper  for the purpose of
achieving the ends here recited.
  S 2. Subdivision 12 of section 3 of section 1 of chapter  174  of  the
laws  of  1968, constituting the New York state urban development corpo-
ration act, is REPEALED and a new subdivision 12 is  added  to  read  as
follows:
  (12)  "BLIGHTED  PROPERTY  OR  BLIGHTED  AREA".  BLIGHTED  PROPERTY OR
BLIGHTED AREA MEANS PROPERTY THAT IS DECLARED BLIGHTED.   (A)  A  SINGLE
PROPERTY  MAY  BE  DECLARED  BLIGHTED  IF  IT MEETS ANY OF THE FOLLOWING
CONDITIONS:
  1. IS UNFIT FOR HUMAN HABITATION. THIS MEANS A PREMISE WHICH HAS IDEN-
TIFIABLE CONDITIONS THAT ENDANGER THE LIFE, HEALTH  AND  SAFETY  OF  THE
OWNERS,  OCCUPANTS,  OR  THE  PUBLIC.  CONDITIONS RENDERING THE PROPERTY
UNFIT FOR HUMAN HABITATION INCLUDE, BUT ARE NOT LIMITED TO,  SUBSTANTIAL
STRUCTURAL  DEFECTS, DILAPIDATION OR DETERIORATIONS, VERMIN INFESTATION,
LACK OF NECESSARY UTILITIES AND FIRE HAZARDS.
  2. HAS DETERIORATED TO THE POINT WHERE SUCH PREMISES:
  (A) IS STRUCTURALLY UNSOUND OR POSES AN IMMEDIATE THREAT  TO  LIFE  OR
OTHER PROPERTY, OR
  (B)  THE COST OF REHABILITATION SIGNIFICANTLY EXCEEDS THE POST-REHABI-
LITATION MARKET VALUE; AND
  3. THE OWNER FAILS TO REMEDY THE PROBLEMS  WITHIN  A  REASONABLE  TIME
AFTER  RECEIVING  NOTICE  OF VIOLATION BY THE APPROPRIATE GOVERNING BODY
REQUIRING THE OWNER TO:
  (A) REHABILITATE THE BUILDING TO CONFORM TO MINIMUM CODE  HABITABILITY
REQUIREMENTS; OR
  (B) DEMOLISH THE BUILDING FOR HEALTH AND SAFETY REASONS.
  4. IS AN ABANDONED PROPERTY. ABANDONED PROPERTY MEANS:
  (A) UNOCCUPIED PROPERTY WHICH HAS BEEN TAX DELINQUENT FOR AT LEAST TWO
YEARS; OR
  (B) A BUILDING THAT:
  (I) IS UNOCCUPIED BY THE OWNER OR TENANTS; AND
  (II) IS UNFIT FOR HUMAN HABITATION; AND
  (III) HAS DETERIORATED TO THE POINT WHERE:
  A.  THE  BUILDING IS STRUCTURALLY UNSOUND OR POSES AN IMMEDIATE THREAT
TO LIFE OR OTHER PROPERTY; OR
  B. THE COST OF REHABILITATION SIGNIFICANTLY EXCEEDS THE POST-REHABILI-
TATION MARKET VALUE; AND
  C. THE OWNER IS UNKNOWN OR THE  OWNER  FAILS  TO  RESPOND  WITHIN  SIX
MONTHS TO A VIOLATION NOTICE FROM THE APPROPRIATE GOVERNING BODY REQUIR-
ING THE OWNER TO:
  (1)  REHABILITATE  THE  BUILDING  TO  CONFORM  TO MINIMUM HABITABILITY
REQUIREMENTS; OR
  (2) DEMOLISH THE BUILDING FOR HEALTH AND SAFETY REASONS.
  5. A VACANT LOT ON WHICH A BUILDING HAS BEEN DEMOLISHED AND FOR  WHICH
A MUNICIPAL LIEN FOR DEMOLITION COSTS REMAINS UNPAID FOR SIX MONTHS.
  6.  IS  ENVIRONMENTALLY CONTAMINATED REQUIRING REMEDIATION FOR CURRENT
OR FUTURE USE UNDER STATE OR FEDERAL LAW, IF THE OWNER FAILS  TO  ESTAB-
LISH  A PLAN TO REMEDY THE PROBLEM WITHIN SIX MONTHS OF RECEIVING NOTICE
OF VIOLATION FROM THE APPROPRIATE GOVERNING BODY AND HAS TAKEN STEPS  TO
REMEDY THE VIOLATION.
  7. BECAUSE OF CONDITION OR USE, IS REGARDED AS A PUBLIC NUISANCE OR AN
ATTRACTIVE NUISANCE AT COMMON LAW OR HAS BEEN DECLARED A PUBLIC NUISANCE

S. 6779                             6

OR  AN  ATTRACTIVE  NUISANCE  UNDER  A NEW YORK STATUTE OR AN APPLICABLE
MUNICIPAL CODE, AND THE OWNER FAILS TO ABATE  THE  NUISANCE  WITHIN  SIX
MONTHS  OF  RECEIVING NOTICE OF VIOLATION FROM THE APPROPRIATE GOVERNING
BODY.
  8.  DEFECTIVE OR UNUSUAL CONDITIONS OF TITLE THAT MAKE THE FREE TRANS-
FER OR ALIENATION OF THE PROPERTY IMPOSSIBLE.
  9. THAT HAS TAX DELINQUENCIES EXCEEDING  THE  VALUE  OF  THE  PROPERTY
WHERE THE PROPERTY IS OCCUPIED OR UNOCCUPIED.
  (B)  PROPERTY SHALL IN NO CASE BE DECLARED BLIGHTED IF IT MEETS EITHER
OF THE FOLLOWING CRITERIA:
  1. VACANT AND UNIMPROVED PROPERTY LOCATED IN  ANY  RURAL  OR  SUBURBAN
AREA WHICH IS NOT SERVED BY EXISTING UTILITIES.
  2.  PROPERTY  WHICH SATISFIES THE DEFINITION OF "FARM WOODLAND", "LAND
USED IN AGRICULTURAL PRODUCTION", "UNIQUE AND IRREPLACEABLE AGRICULTURAL
LAND", OR "VIABLE AGRICULTURAL LAND", AS  THOSE  TERMS  ARE  DEFINED  IN
SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
  (C)  FOR  PURPOSES OF THIS SUBDIVISION, A BUILDING CONTAINING MULTIPLE
UNITS SHALL BE TREATED AS A SINGLE PROPERTY.
  (D) FOR PURPOSES OF ACQUIRING MULTIPLE UNITS OF  PROPERTY  BY  EMINENT
DOMAIN, AN AREA MAY BE DECLARED BLIGHTED ONLY IF:
  1. AN AREA IS LOCATED IN AN URBAN OR SUBURBAN AREA GENERALLY SERVED BY
UTILITIES AND INFRASTRUCTURE; AND
  2.  SIXTY  PERCENT  OF THE INDIVIDUAL PARCELS IN THE AREA ARE DECLARED
BLIGHTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND REPRESENT A MAJORI-
TY OF THE GEOGRAPHICAL AREA OF THE PROJECT.
  (E) A CONDEMNOR MAY USE EMINENT DOMAIN TO ACQUIRE ANY UNIT OF PROPERTY
WITHIN A BLIGHTED PROJECT AREA.
  (F) PROPERTIES OWNED BY A DEVELOPER OR CONDEMNOR INVOLVED IN  A  REDE-
VELOPMENT  PROJECT MAY BE INCLUDED IN ANY BLIGHTED PROJECT AREA DETERMI-
NATION.
  (G) FOR PURPOSES OF THIS SUBDIVISION  IF  A  DEVELOPER,  CONDEMNOR  OR
AGENCY  INVOLVED  IN A REDEVELOPMENT PROJECT HAS CAUSED OR BROUGHT ABOUT
BY ACTION OR INACTION OR MAINTAINED FOR MORE THAN SEVEN YEARS  A  CONDI-
TION  LISTED  IN  SUBPARAGRAPH  ONE OF PARAGRAPH (A) OF THIS SUBDIVISION
WITHIN THE PROPOSED PROJECT AREA, THAT CONDITION MAY NOT BE USED IN  THE
DETERMINATION OF BLIGHT.
  (H) FOR PURPOSES OF THIS SUBDIVISION, IF PROPERTY LOCATED IN AN URBAN-
IZED  AREA  GENERALLY  SERVED  BY MUNICIPAL INFRASTRUCTURE AND UTILITIES
MEETS ONE OR MORE OF THE CONDITIONS LISTED IN SUBPARAGRAPH ONE OF  PARA-
GRAPH  (A)  OF THIS SUBDIVISION DUE TO FAILURE ON THE PART OF THE APPRO-
PRIATE GOVERNING BODY  TO  PROVIDE  NECESSARY  UTILITY  SERVICES  AND/OR
INFRASTRUCTURE,  THAT  CONDITION MAY NOT BE USED IN THE DETERMINATION OF
BLIGHT.
  (I) ANY DECLARATION MADE PURSUANT TO THIS SUBDIVISION SHALL  BE  VALID
FOR A PERIOD OF UP TO TEN YEARS.
  S  3.  Section  10  of  section  1 of chapter 174 of the laws of 1968,
constituting the New  York  state  urban  development  corporation  act,
subdivision  (d) as amended by chapter 847 of the laws of 1971, subdivi-
sions (e) and (f) as added and subdivisions (g) and (h) as relettered by
chapter 839 of the laws of 1987, is amended to read as follows:
  S 10. Findings of the corporation. Notwithstanding any other provision
of this act, the corporation shall not be  empowered  to  undertake  the
acquisition, construction, reconstruction, rehabilitation or improvement
of a project unless the corporation finds:
  (a) in the case of a residential project:

S. 6779                             7

  (1)  That  there  exists,  in  the  area in which the project is to be
located, or in an area reasonably accessible to such area,  a  need  for
safe  and sanitary housing accommodations for persons or families of low
income, which the operations of private enterprise cannot provide;
  (2)  That  the  project  has  been  approved as a project of a housing
company pursuant to the provisions of the private housing finance law.
  (b) in the case of an industrial project:
  (1) That the area in  which  the  project  is  to  be  located  is  [a
substandard  or insanitary area, or is in danger of becoming a substand-
ard or insanitary area, wherein] FOUND TO BE BLIGHTED AND there exists a
condition of substantial and persistent unemployment or underemployment;
  (2) That the acquisition or construction and operation of such project
will prevent, eliminate or reduce  unemployment  or  underemployment  in
such area;
  (3)  That  such project shall consist of a building or buildings which
are suitable for manufacturing, warehousing or research or other  indus-
trial, business or commercial purposes[.];
  (4)  That adequate provision has been, or will be made for the payment
of the cost of the acquisition, construction, operation, maintenance and
upkeep of such project[.];
  (5) That the acquisition and construction, proposed leasing, operation
and use of such project will aid in the development, growth and prosper-
ity of the state and the area in which such project is located;
  (6) That the plans and  specifications  assure  adequate  light,  air,
sanitation and fire protection.
  (c) in the case of a land use improvement project:
  (1)  That  the  area  in  which  the  project  is  to be located is [a
substandard or insanitary area, or is in danger of becoming a  substand-
ard  or  insanitary  area]  FOUND  TO BE BLIGHTED and tends to impair or
arrest the sound growth and development of the municipality;
  (2) That the project consists of a plan or undertaking for the  clear-
ance, replanning, reconstruction and rehabilitation of such area and for
recreational and other facilities incidental or appurtenant thereto;
  (3)  That  the  plan  or  undertaking  affords maximum opportunity for
participation by private enterprise, consistent with the sound needs  of
the municipality as a whole.
  (d) in the case of a civic project:
  (1)  That THE AREA IN WHICH THE PROJECT IS TO BE LOCATED IS A BLIGHTED
AREA WHEREIN there exists [in the area in which the  project  is  to  be
located,] a need for the educational, cultural, recreational, community,
municipal,  public service or other civic facility to be included in the
project;
  (2) That the project shall consist of a building or buildings or other
facilities which are suitable for educational,  cultural,  recreational,
community, municipal, public service or other civic purposes;
  (3)  That  such  project will be leased to or owned by the state or an
agency or instrumentality  thereof,  a  municipality  or  an  agency  or
instrumentality thereof, a public corporation, or any other entity which
is  carrying  out  a community, municipal, public service or other civic
purpose, and that adequate provision has been, or will be, made for  the
payment of the cost of acquisition, construction, operation, maintenance
and upkeep of the project;
  (4)  That  the plans and specifications assure or will assure adequate
light, air, sanitation and fire protection.
  (e) in the case of an industrial effectiveness project:

S. 6779                             8

  (1) That a feasibility study or productivity assessment exists  demon-
strating  the  potential for future profitability of the firm requesting
financial assistance and such study or assessment has been reviewed  and
approved by the commissioner of economic development;
  (2)  That  for  loans  to implement a corporate restructuring or turn-
around plan, the management of the industrial firm requesting assistance
is capable and the firm has  a  sound  business  development  plan  that
includes  measures  to  ensure  labor  and management cooperation and to
effect changes required to continue as a successful business;
  (3) That the requested financial  assistance  is  not  available  from
other public or private financing sources; and
  (4)  That  the  area  in  which  the  project  is  to be located is [a
substandard or insanitary area, or is in danger of becoming a  substand-
ard or insanitary area, wherein] FOUND TO BE BLIGHTED AND there exists a
condition of substantial and persistent unemployment or underemployment.
  (f)  in  the  case  of  a  small  and medium-sized business assistance
project:
  (1) That the area in which the project will be located is [a substand-
ard or insanitary area, or is in danger of  becoming  a  substandard  or
insanitary area, wherein] FOUND TO BE BLIGHTED AND there exists a condi-
tion of substantial and persistent unemployment or underemployment;
  (2)  That  the  project  demonstrates market, management and financial
feasibility and has a clear likelihood of success;
  (3) That the [industrial] firm provides at least a ten percent  equity
contribution  and  such  contribution  is not derived from other govern-
mental sources;
  (4) That the requested financial  assistance  is  not  available  from
other  public  or private financing sources on terms compatible with the
successful completion of the project;
  (5) That the project will not result in the relocation of any  [indus-
trial]  firm  from  one municipality within the state to another munici-
pality, OR IN THE ABANDONMENT OF ONE OR MORE OF  THE  FIRMS'  PLANTS  OR
FACILITIES  LOCATED  WITHIN  THE AREA, except under one of the following
conditions: (i) when [an industrial] A firm is relocating within a muni-
cipality with a population of at least one million where  the  governing
body of such municipality approves such relocation; [or] (ii) the corpo-
ration notifies each municipality from which such [industrial] firm will
be  relocated  and each municipality agrees to such relocation; OR (III)
THE CORPORATION SHALL DETERMINE ON THE BASIS OF THE  APPLICATION  BEFORE
IT  THAT THE PROJECT IS REASONABLY NECESSARY TO DISCOURAGE THE FIRM FROM
RELOCATING TO A LOCATION OUTSIDE THE STATE AND TO PRESERVE  THE  COMPET-
ITIVE POSITION OF THE FIRM WITHIN ITS RESPECTIVE INDUSTRY; and
  (6) That the project is not for the purpose of refinancing any portion
of  the  total  project  cost  or  other  existing loans or debts of the
project sponsor or owner.
  (g) in the case of all projects, that [there is a feasible method  for
the  relocation  of  families and individuals displaced from the project
area into decent, safe and sanitary dwellings] THE DISPLACEMENT OF RESI-
DENTS AND BUSINESSES IS LIMITED TO THE MAXIMUM EXTENT POSSIBLE, AND THAT
ALL DISPLACED RESIDENTS AND BUSINESSES WILL BE AFFORDED ADEQUATE COMPEN-
SATION AND/OR ASSISTANCE TO BE  RELOCATED  TO  SUBSTANTIALLY  COMPARABLE
PROPERTIES,  which are or will be [provided] LOCATED in the project area
or in [other areas] AN AREA REASONABLY PROXIMATE TO THE PROJECT AREA AND
not generally less desirable in regard to public  utilities  and  public
and  commercial  facilities, at SUBSTANTIALLY COMPARABLE rents or prices
[within the financial  means  of  such  families  or  individuals],  and

S. 6779                             9

reasonably  accessible  to  their  places of DWELLING AND/OR employment.
[Insofar as is feasible, the] THE corporation shall offer  SUBSTANTIALLY
COMPARABLE  housing  accommodations  to  [such families and individuals]
DISPLACED  RESIDENTS in [residential] projects [of the corporation] THAT
INCLUDE A RESIDENTIAL COMPONENT, AND INSOFAR AS IS FEASIBLE, THE  CORPO-
RATION  SHALL  ASSIST  IN FINDING SUBSTANTIALLY COMPARABLE INDUSTRIAL OR
COMMERCIAL ACCOMMODATIONS  TO  DISPLACED  BUSINESSES  IN  PROJECTS  THAT
INCLUDE  AN  INDUSTRIAL  OR  COMMERCIAL  COMPONENT.  The corporation may
render to business and commercial tenants  and  [to  families  or  other
persons]  displaced  [from  the  project area,] RESIDENTS ANY OTHER such
assistance as it may deem [necessary to enable them to relocate]  APPRO-
PRIATE.
  (h)  in  the  case  of  all projects, the corporation shall [state the
basis for its findings.]:
  (1) IN THE CASE OF A SINGLE PROPERTY, MAKE WRITTEN FINDINGS  IDENTIFY-
ING  THE  SPECIFIC  CONDITIONS  WHICH RENDER THE PROPERTY BLIGHTED UNDER
SUBDIVISION TWELVE OF SECTION THREE OF THIS ACT;
  (2) IN THE CASE OF MULTIPLE PROPERTIES OR PROJECT AREAS, MAKE  WRITTEN
FINDINGS  DEMONSTRATING  THAT  THE REQUIREMENTS OF SUBDIVISION TWELVE OF
SECTION THREE OF THIS ACT HAVE BEEN MET. IN ORDER  TO  DEMONSTRATE  THAT
SIXTY  PERCENT  OF  THE PROPERTIES IN THE AREA ARE INDIVIDUALLY BLIGHTED
AND COMPRISE A MAJORITY OF THE GEOGRAPHICAL AREA OF  THE  PROJECT,  EACH
BLIGHTED PROPERTY MUST BE IDENTIFIED AND THE SPECIFIC CONDITIONS RENDER-
ING  IT  BLIGHTED  UNDER SUBDIVISION TWELVE OF SECTION THREE OF THIS ACT
MUST BE IDENTIFIED.
  S 4. Section 103 of the eminent domain procedure  law  is  amended  by
adding three new subdivisions (H), (I) and (J) to read as follows:
  (H) "BLIGHTED PROPERTY OR BLIGHTED AREA". BLIGHTED PROPERTY OR BLIGHT-
ED AREA MEANS PROPERTY THAT IS DECLARED BLIGHTED.  (1) A SINGLE PROPERTY
MAY BE DECLARED BLIGHTED IF IT MEETS ANY OF THE FOLLOWING CONDITIONS:
  (A)  IS  UNFIT  FOR  HUMAN  HABITATION. THIS MEANS A PREMISE WHICH HAS
IDENTIFIABLE CONDITIONS THAT ENDANGER THE LIFE, HEALTH AND SAFETY OF THE
OWNERS, OCCUPANTS, OR THE  PUBLIC.  CONDITIONS  RENDERING  THE  PROPERTY
UNFIT  FOR HUMAN HABITATION INCLUDE, BUT ARE NOT LIMITED TO, SUBSTANTIAL
STRUCTURAL DEFECTS, DILAPIDATION OR DETERIORATIONS, VERMIN  INFESTATION,
LACK OF NECESSARY UTILITIES AND FIRE HAZARDS.
  (B) HAS DETERIORATED TO THE POINT WHERE SUCH PREMISES:
  (I)  IS  STRUCTURALLY  UNSOUND OR POSES AN IMMEDIATE THREAT TO LIFE OR
OTHER PROPERTY, OR
  (II) THE COST OF REHABILITATION SIGNIFICANTLY EXCEEDS THE POST-REHABI-
LITATION MARKET VALUE; AND
  (C) THE OWNER FAILS TO REMEDY THE PROBLEMS WITHIN  A  REASONABLE  TIME
AFTER  RECEIVING  NOTICE  OF VIOLATION BY THE APPROPRIATE GOVERNING BODY
REQUIRING THE OWNER TO:
  (I) REHABILITATE THE BUILDING TO CONFORM TO MINIMUM CODE  HABITABILITY
REQUIREMENTS; OR
  (II) DEMOLISH THE BUILDING FOR HEALTH AND SAFETY REASONS.
  (D) IS AN ABANDONED PROPERTY. ABANDONED PROPERTY MEANS:
  (I) UNOCCUPIED PROPERTY WHICH HAS BEEN TAX DELINQUENT FOR AT LEAST TWO
YEARS; OR
  (II) A BUILDING THAT:
  1. IS UNOCCUPIED BY THE OWNER OR TENANTS; AND
  2. IS UNFIT FOR HUMAN HABITATION; AND
  3. HAS DETERIORATED TO THE POINT WHERE:
  A.  THE  BUILDING IS STRUCTURALLY UNSOUND OR POSES AN IMMEDIATE THREAT
TO LIFE OR OTHER PROPERTY; OR

S. 6779                            10

  B. THE COST OF REHABILITATION SIGNIFICANTLY EXCEEDS THE POST-REHABILI-
TATION MARKET VALUE; AND
  C.  THE  OWNER  IS  UNKNOWN  OR  THE OWNER FAILS TO RESPOND WITHIN SIX
MONTHS TO A VIOLATION NOTICE FROM THE APPROPRIATE GOVERNING BODY REQUIR-
ING THE OWNER TO:
  (1) REHABILITATE THE  BUILDING  TO  CONFORM  TO  MINIMUM  HABITABILITY
REQUIREMENTS; OR
  (2) DEMOLISH THE BUILDING FOR HEALTH AND SAFETY REASONS.
  (E) A VACANT LOT ON WHICH A BUILDING HAS BEEN DEMOLISHED AND FOR WHICH
A MUNICIPAL LIEN FOR DEMOLITION COSTS REMAINS UNPAID FOR SIX MONTHS.
  (F)  IS ENVIRONMENTALLY CONTAMINATED REQUIRING REMEDIATION FOR CURRENT
OR FUTURE USE UNDER STATE OR FEDERAL LAW, IF THE OWNER FAILS  TO  ESTAB-
LISH  A PLAN TO REMEDY THE PROBLEM WITHIN SIX MONTHS OF RECEIVING NOTICE
OF VIOLATION FROM THE APPROPRIATE GOVERNING BODY AND HAS TAKEN STEPS  TO
REMEDY THE VIOLATION.
  (G)  BECAUSE  OF CONDITION OR USE, IS REGARDED AS A PUBLIC NUISANCE OR
AN ATTRACTIVE NUISANCE AT COMMON LAW  OR  HAS  BEEN  DECLARED  A  PUBLIC
NUISANCE OR AN ATTRACTIVE NUISANCE UNDER A NEW YORK STATUTE OR AN APPLI-
CABLE  MUNICIPAL  CODE, AND THE OWNER FAILS TO ABATE THE NUISANCE WITHIN
SIX MONTHS OF RECEIVING NOTICE OF VIOLATION FROM THE APPROPRIATE GOVERN-
ING BODY.
  (H) DEFECTIVE OR UNUSUAL CONDITIONS OF TITLE THAT MAKE THE FREE TRANS-
FER OR ALIENATION OF THE PROPERTY IMPOSSIBLE.
  (I) THAT HAS TAX DELINQUENCIES EXCEEDING THE  VALUE  OF  THE  PROPERTY
WHERE THE PROPERTY IS OCCUPIED OR UNOCCUPIED.
  (2)  PROPERTY SHALL IN NO CASE BE DECLARED BLIGHTED IF IT MEETS EITHER
OF THE FOLLOWING CRITERIA:
  (A) VACANT AND UNIMPROVED PROPERTY LOCATED IN ANY  RURAL  OR  SUBURBAN
AREA WHICH IS NOT SERVED BY EXISTING UTILITIES.
  (B)  PROPERTY WHICH SATISFIES THE DEFINITION OF "FARM WOODLAND", "LAND
USED IN AGRICULTURAL PRODUCTION", "UNIQUE AND IRREPLACEABLE AGRICULTURAL
LAND", OR "VIABLE AGRICULTURAL LAND", AS  THOSE  TERMS  ARE  DEFINED  IN
SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
  (3)  FOR  PURPOSES OF THIS SUBDIVISION, A BUILDING CONTAINING MULTIPLE
UNITS SHALL BE TREATED AS A SINGLE PROPERTY.
  (4) FOR PURPOSES OF ACQUIRING MULTIPLE UNITS OF  PROPERTY  BY  EMINENT
DOMAIN, AN AREA MAY BE DECLARED BLIGHTED ONLY IF:
  (A)  AN  AREA IS LOCATED IN AN URBAN OR SUBURBAN AREA GENERALLY SERVED
BY UTILITIES AND INFRASTRUCTURE; AND
  (B) SIXTY PERCENT OF THE INDIVIDUAL PARCELS IN THE AREA  ARE  DECLARED
BLIGHTED UNDER PARAGRAPH ONE OF THIS SUBDIVISION AND REPRESENT A MAJORI-
TY OF THE GEOGRAPHICAL AREA OF THE PROJECT.
  (5) A CONDEMNOR MAY USE EMINENT DOMAIN TO ACQUIRE ANY UNIT OF PROPERTY
WITHIN A BLIGHTED PROJECT AREA.
  (6)  PROPERTIES  OWNED BY A DEVELOPER OR CONDEMNOR INVOLVED IN A REDE-
VELOPMENT PROJECT MAY BE INCLUDED IN ANY BLIGHTED PROJECT AREA  DETERMI-
NATION.
  (7)  FOR  PURPOSES  OF  THIS  SUBDIVISION IF A DEVELOPER, CONDEMNOR OR
AGENCY INVOLVED IN A REDEVELOPMENT PROJECT HAS CAUSED OR  BROUGHT  ABOUT
BY  ACTION  OR INACTION OR MAINTAINED FOR MORE THAN SEVEN YEARS A CONDI-
TION LISTED IN SUBPARAGRAPH (A) OF PARAGRAPH  ONE  OF  THIS  SUBDIVISION
WITHIN  THE PROPOSED PROJECT AREA, THAT CONDITION MAY NOT BE USED IN THE
DETERMINATION OF BLIGHT.
  (8) FOR PURPOSES OF THIS SUBDIVISION, IF PROPERTY LOCATED IN AN URBAN-
IZED AREA GENERALLY SERVED BY  MUNICIPAL  INFRASTRUCTURE  AND  UTILITIES
MEETS  ONE OR MORE OF THE CONDITIONS LISTED IN SUBPARAGRAPH (A) OF PARA-

S. 6779                            11

GRAPH ONE OF THIS SUBDIVISION DUE TO FAILURE ON THE PART OF  THE  APPRO-
PRIATE  GOVERNING  BODY  TO  PROVIDE  NECESSARY  UTILITY SERVICES AND/OR
INFRASTRUCTURE, THAT CONDITION MAY NOT BE USED IN THE  DETERMINATION  OF
BLIGHT.
  (9)  ANY  DECLARATION MADE PURSUANT TO THIS SUBDIVISION SHALL BE VALID
FOR A PERIOD OF UP TO TEN YEARS.
  (I) "SLUM" MEANS PROPERTY THAT IS DECLARED BLIGHTED UNDER SECTION  TWO
HUNDRED FOUR-A OF THIS CHAPTER.
  (J)  "SUBSTANDARD  AND  UNSANITARY  PROPERTY"  MEANS  PROPERTY THAT IS
DECLARED BLIGHTED UNDER SECTION TWO HUNDRED FOUR-A OF THIS CHAPTER.
  S 5. Paragraph 4 of subdivision (B) of  section  204  of  the  eminent
domain  procedure  law is amended and a new paragraph 5 is added to read
as follows:
  (4) such other factors as it considers relevant[.];
  (5) THE FINDINGS REQUIRED PURSUANT TO SUBDIVISION (D) OF  SECTION  TWO
HUNDRED FOUR-A OF THIS ARTICLE.
  S  6.  The  eminent  domain  procedure  law is amended by adding a new
section 204-a to read as follows:
  S 204-A. BLIGHTED PROPERTIES AND AREAS. (A) SUBJECT TO THE  EXCEPTIONS
LISTED  IN  PARAGRAPH TWO OF SUBDIVISION (B) OF THIS SECTION, ANY SINGLE
PROPERTY MAY BE DECLARED BLIGHTED IF  IT  MEETS  ANY  OF  THE  FOLLOWING
CONDITIONS:
  (1) ANY PREMISES, WHICH BECAUSE OF DILAPIDATION, DETERIORATION, STRUC-
TURAL DEFECTS, VERMIN INFESTATION, HEALTH HAZARDS, FIRE HAZARDS, LACK OF
UTILITIES, LACK OF FACILITIES OR EQUIPMENT REQUIRED BY STATUTE OR MUNIC-
IPAL CODE, NEGLECT, OR LACK OF MAINTENANCE:
  (A) IS UNFIT FOR HUMAN HABITATION;
  (B) HAS DETERIORATED TO THE POINT WHERE:
  (I)  THE BUILDING IS STRUCTURALLY UNSOUND OR POSES AN IMMEDIATE THREAT
TO LIFE OR OTHER PROPERTY; OR
  (II) THE COST OF REHABILITATION SIGNIFICANTLY EXCEEDS THE POST-REHABI-
LITATION MARKET VALUE; AND
  (C) THE OWNER FAILS TO REMEDY THE PROBLEM  WITHIN  A  REASONABLE  TIME
AFTER  RECEIVING  NOTICE  OF VIOLATION BY THE APPROPRIATE GOVERNING BODY
REQUIRING THE OWNER TO:
  (I) REHABILITATE THE BUILDING TO CONFORM TO MINIMUM CODE  HABITABILITY
REQUIREMENTS; OR
  (II) DEMOLISH THE BUILDING FOR HEALTH AND SAFETY REASONS.
  (2)  ANY  ABANDONED  PROPERTY AS DEFINED IN SUBDIVISION (H) OF SECTION
ONE HUNDRED THREE OF THIS CHAPTER.
  (3) PROPERTY THAT IS ENVIRONMENTALLY  CONTAMINATED  REQUIRING  REMEDI-
ATION FOR CURRENT OR FUTURE USE UNDER STATE OR FEDERAL LAW, IF THE OWNER
FAILS  TO  REMEDY  THE  PROBLEM WITHIN SIX MONTHS OF RECEIVING NOTICE OF
VIOLATION FROM THE APPROPRIATE GOVERNING BODY.
  (4) A PREMISES  WHICH,  BECAUSE  OF  PHYSICAL  CONDITION  OR  USE,  IS
REGARDED  AS  A  PUBLIC  NUISANCE  AT  COMMON LAW OR HAS BEEN DECLARED A
PUBLIC NUISANCE UNDER A STATUTE OR AN APPLICABLE MUNICIPAL CODE, AND THE
OWNER FAILS TO ABATE THE NUISANCE WITHIN SIX MONTHS OF RECEIVING  NOTICE
OF VIOLATION FROM THE APPROPRIATE GOVERNING BODY.
  (5)  PROPERTY THAT HAS BECOME OVERGROWN WITH WEEDS, IS A PLACE FOR THE
ACCUMULATION OF TRASH AND DEBRIS, OR A HAVEN FOR VERMIN,  IF  THE  OWNER
FAILS  TO REMEDY THE PROBLEM WITHIN SIX MONTHS AFTER RECEIVING NOTICE OF
VIOLATION BY THE APPROPRIATE GOVERNING BODY REQUIRING THE OWNER TO REHA-
BILITATE THE PROPERTY TO CONFORM WITH MINIMUM CODE REQUIREMENTS.
  (6) DEFECTIVE OR UNUSUAL CONDITIONS OF TITLE THAT MAKE THE FREE TRANS-
FER OR ALIENATION OF THE PROPERTY IMPOSSIBLE.

S. 6779                            12

  (7) OCCUPIED OR UNOCCUPIED PROPERTY THAT HAS TAX DELINQUENCIES EXCEED-
ING THE VALUE OF THE PROPERTY.
  (8) PROPERTY THAT DOES NOT OTHERWISE MEET ANY OF THE CONDITIONS LISTED
IN THIS SECTION MAY NOT BE DECLARED BLIGHTED.
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE FOLLOWING EXCEPTIONS SHALL APPLY:
  (1)  PROPERTY SHALL IN NO CASE BE DECLARED BLIGHTED IF IT MEETS ONE OR
MORE OF THE FOLLOWING CRITERIA:
  (A) VACANT AND UNIMPROVED PROPERTY LOCATED IN ANY  RURAL  OR  SUBURBAN
AREA WHICH IS NOT SERVED BY EXISTING UTILITIES.
  (B)  PROPERTY WHICH SATISFIES THE DEFINITION OF "FARM WOODLAND", "LAND
USED IN AGRICULTURAL PRODUCTION", "UNIQUE AND IRREPLACEABLE AGRICULTURAL
LAND", OR "VIABLE AGRICULTURAL LAND", AS  THOSE  TERMS  ARE  DEFINED  IN
SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
  (2) FOR PURPOSES OF THIS SECTION, IF A DEVELOPER OR CONDEMNOR INVOLVED
IN  A  REDEVELOPMENT  PROJECT  HAS  CAUSED OR BROUGHT ABOUT BY ACTION OR
INACTION OR MAINTAINED FOR MORE THAN SEVEN YEARS A CONDITION  LISTED  IN
SUBDIVISION  (A)  OF THIS SECTION WITHIN THE PROPOSED PROJECT AREA, THAT
CONDITION MAY NOT BE USED IN THE DETERMINATION OF BLIGHT.
  (3) FOR PURPOSES OF THIS SECTION, IF PROPERTY LOCATED IN AN  URBANIZED
AREA  GENERALLY  SERVED  BY MUNICIPAL INFRASTRUCTURE AND UTILITIES MEETS
ONE OR MORE OF THE CONDITIONS LISTED IN SUBDIVISION (A) OF THIS  SECTION
DUE  TO FAILURE ON THE PART OF THE APPROPRIATE GOVERNING BODY TO PROVIDE
NECESSARY UTILITY SERVICES AND/OR INFRASTRUCTURE, THAT CONDITION MAY NOT
BE USED IN THE DETERMINATION OF BLIGHT.
  (C) MULTIPLE PROPERTIES AND PROJECT AREAS MAY BE DECLARED BLIGHTED  IF
THEY MEET ANY OF THE FOLLOWING CONDITIONS:
  (1)  FOR  PURPOSES  OF ACQUIRING MULTIPLE UNITS OF PROPERTY BY EMINENT
DOMAIN, AN AREA MAY BE DECLARED GENERALLY BLIGHTED ONLY IF:
  (A) THE AREA IS LOCATED IN AN URBAN OR SUBURBAN AREA GENERALLY  SERVED
BY EXISTING UTILITIES AND INFRASTRUCTURE; AND
  (B)  SIXTY  PERCENT OF THE INDIVIDUAL PARCELS IN THE AREA ARE DECLARED
BLIGHTED UNDER SUBDIVISION (A) OF THIS SECTION.
  (2) A CONDEMNOR MAY USE EMINENT DOMAIN TO ACQUIRE ANY UNIT OF PROPERTY
WITHIN A BLIGHTED PROJECT AREA.
  (3) PROPERTIES OWNED BY A DEVELOPER OR CONDEMNOR INVOLVED IN  A  REDE-
VELOPMENT  PROJECT MAY BE INCLUDED IN ANY BLIGHTED PROJECT AREA DETERMI-
NATION.
  (4) FOR PURPOSES OF THIS SECTION, A BUILDING CONTAINING MULTIPLE UNITS
SHALL BE TREATED AS A SINGLE PROPERTY.
  (D) THE FOLLOWING FINDINGS SHALL BE  REQUIRED  BEFORE  A  PROPERTY  OR
PROJECT AREA MAY BE DECLARED BLIGHTED:
  (1)  TO  DECLARE ANY SINGLE PROPERTY BLIGHTED, THE CONDEMNOR MUST MAKE
WRITTEN FINDINGS IDENTIFYING THE SPECIFIC CONDITIONS  WHICH  RENDER  THE
PROPERTY BLIGHTED UNDER SUBDIVISION (A) OF THIS SECTION.
  (2)  TO  DECLARE  MULTIPLE  PROPERTIES  OR PROJECT AREAS BLIGHTED, THE
CONDEMNOR MUST MAKE WRITTEN FINDINGS DEMONSTRATING THAT THE REQUIREMENTS
OF SUBDIVISION (C) OF THIS SECTION HAVE BEEN MET.  TO  DEMONSTRATE  THAT
SEVENTY-FIVE PERCENT OF THE PARCELS IN THE AREA ARE INDIVIDUALLY BLIGHT-
ED,  EACH BLIGHTED PARCEL MUST BE IDENTIFIED AND THE SPECIFIC CONDITIONS
RENDERING IT BLIGHTED UNDER SUBDIVISION (A)  OF  THIS  SECTION  MUST  BE
IDENTIFIED.
  (E)  ANY  DECLARATION MADE PURSUANT TO SUBDIVISION (D) OF THIS SECTION
SHALL BE VALID FOR A PERIOD OF TEN YEARS.
  S 7. This act shall take effect immediately.

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