USA Statutes : nevada
Title : Title 22 - COOPERATIVE AGREEMENTS BY PUBLIC AGENCIES; PLANNING AND ZONING; DEVELOPMENT AND REDEVELOPMENT
Chapter : CHAPTER 279 - REDEVELOPMENT OF COMMUNITIES
The provisions contained in NRS 279.382
to 279.685 , inclusive, may be cited as the Community
Redevelopment Law.
(Added to NRS by 1959, 648; A 1987, 1683; 1999, 3612 ; 2005, 2214 )
As used in NRS 279.382 to 279.685 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 279.386 to 279.414
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1959, 648; A 1985, 2068; 1993, 1329; 1999, 1090
; 2003, 1286 ; 2005, 2214 )
“Agency” means a redevelopment
agency created under NRS 279.382 to
279.685 , inclusive, or a legislative
body which has elected to exercise the powers granted to an agency under
NRS 279.382 to 279.685 , inclusive.
(Added to NRS by 1959, 648)
1. Except as otherwise provided in subsection 2, “blighted area”
means an area which is characterized by at least four of the following
factors:
(a) The existence of buildings and structures, used or intended to
be used for residential, commercial, industrial or other purposes, or any
combination thereof, which are unfit or unsafe for those purposes and are
conducive to ill health, transmission of disease, infant mortality,
juvenile delinquency or crime because of one or more of the following
factors:
(1) Defective design and character of physical construction.
(2) Faulty arrangement of the interior and spacing of
buildings.
(3) Inadequate provision for ventilation, light, sanitation,
open spaces and recreational facilities.
(4) Age, obsolescence, deterioration, dilapidation, mixed
character or shifting of uses.
(b) An economic dislocation, deterioration or disuse.
(c) The subdividing and sale of lots of irregular form and shape
and inadequate size for proper usefulness and development.
(d) The laying out of lots in disregard of the contours and other
physical characteristics of the ground and surrounding conditions.
(e) The existence of inadequate streets, open spaces and utilities.
(f) The existence of lots or other areas which may be submerged.
(g) Prevalence of depreciated values, impaired investments and
social and economic maladjustment to such an extent that the capacity to
pay taxes is substantially reduced and tax receipts are inadequate for
the cost of public services rendered.
(h) A growing or total lack of proper utilization of some parts of
the area, resulting in a stagnant and unproductive condition of land
which is potentially useful and valuable for contributing to the public
health, safety and welfare.
(i) A loss of population and a reduction of proper use of some
parts of the area, resulting in its further deterioration and added costs
to the taxpayer for the creation of new public facilities and services
elsewhere.
(j) The environmental contamination of buildings or property.
(k) The existence of an abandoned mine.
2. If the subject of the redevelopment is an eligible railroad or
facilities related to an eligible railroad, “blighted area” means an area
which is characterized by at least four of the factors set forth in
subsection 1 or characterized by one or more of the following factors:
(a) The existence of railroad facilities, used or intended to be
used, for commercial, industrial or other purposes, or any combination
thereof, which are unfit or unsafe for those purposes because of age,
obsolescence, deterioration or dilapidation.
(b) A growing or total lack of proper utilization of the railroad
facilities resulting in a stagnant and unproductive condition of land
which is potentially useful and valuable for contributing to the public
health, safety and welfare.
(c) The lack of adequate rail facilities that has resulted or will
result in an economic hardship to the community.
(Added to NRS by 1959, 648; A 1985, 2068; 2005, 2214 )
“Bonds” means any bonds, notes,
interim certificates, debentures or other obligations issued by an agency
pursuant to NRS 279.382 to 279.685
, inclusive.
(Added to NRS by 1959, 649)
“Community” means a city or
county.
(Added to NRS by 1959, 649)
“Eligible railroad”
means a railroad in existence on or before July 1, 2005:
1. That is located in a county whose population is less than
100,000; and
2. Of which no less than one-half of the ownership interest in the
railroad is held by a governmental entity or nonprofit organization, or
both.
(Added to NRS by 2005, 2213 )
“Federal Government”
means the United States or any of its agencies or instrumentalities.
(Added to NRS by 1959, 649)
“Legislative body” means
the city council, board of county commissioners or other legislative body
of a community.
(Added to NRS by 1959, 649)
“Low-income
household” means a household, which may include one or more persons,
whose total gross income is less than 80 percent of the median gross
income for households of the same size within the same geographic region.
(Added to NRS by 1993, 1328)
“Obligee” includes any bondholder,
his trustee, any lessor demising to the agency property used in
connection with a redevelopment area or any assignee of all or part of
his interest, and the Federal Government if it is a party to any contract
with the agency.
(Added to NRS by 1959, 649; A 1985, 2069)
“Planning commission”
means a planning commission established pursuant to law or charter.
(Added to NRS by 1959, 649)
“Public body” means the State,
or any city, county, district or any other political subdivision of the
State.
(Added to NRS by 1959, 649)
“Real property” means:
1. Land, including land under water and waterfront property.
2. Buildings, structures, fixtures and improvements on land.
3. Any property appurtenant to or used in connection with land.
4. Every estate, interest, privilege, easement, franchise and
right in land, including rights-of-way, terms for years and liens,
charges or encumbrances by way of judgment, mortgage or otherwise and the
indebtedness secured by such liens.
(Added to NRS by 1959, 649)
1. “Redevelopment” means the planning, development, replanning,
redesign, clearance, reconstruction or rehabilitation, or any combination
of these, of all or part of a redevelopment area, and the provision of
such residential, commercial, industrial, public or other structures or
spaces as may be appropriate or necessary in the interest of the general
welfare, including:
(a) Recreational and other facilities appurtenant thereto.
(b) Eligible railroads or facilities related to eligible railroads.
(c) The alteration, improvement, modernization, reconstruction or
rehabilitation, or any combination thereof, of existing structures in a
redevelopment area.
(d) Provision for uses involving open space, such as:
(1) Streets and other public grounds;
(2) Space around buildings, structures and improvements;
(3) Improvements of recreational areas; and
(4) Improvement of other public grounds.
(e) The replanning, redesign or original development of undeveloped
areas where:
(1) The areas are stagnant or used improperly because of
defective or inadequate layouts of streets, faulty layouts of lots in
relation to size, shape, accessibility or usefulness, or for other
causes; or
(2) The areas require replanning and assembly of land for
reclamation or development in the interest of the general welfare because
of widely scattered ownership, tax delinquency or other reasons.
2. “Redevelopment” does not exclude the continuance of existing
buildings or uses whose demolition and rebuilding or change of use are
not deemed essential to the redevelopment and rehabilitation of the area.
(Added to NRS by 1959, 649; A 1985, 2069; 2005, 2215 )
“Redevelopment area”
means an area of a community whose redevelopment is necessary to
effectuate the public purposes declared in NRS 279.382 to 279.685 ,
inclusive.
(Added to NRS by 1959, 650; A 1985, 2070)
“Redevelopment
project” means any undertaking of an agency pursuant to NRS 279.382
to 279.685 , inclusive.
(Added to NRS by 1959, 650)
“State” includes any state agency or
instrumentality.
(Added to NRS by 1959, 650)
It is found and declared that there
exist in many communities blighted areas which constitute either social
or economic liabilities, or both, requiring redevelopment in the interest
of the health, safety and general welfare of the people of those
communities and of the State.
(Added to NRS by 1959, 650; A 1985, 2070)
It is further found and
declared that:
1. The existence of blighted areas constitutes a serious and
growing menace which is condemned as injurious and inimical to the public
health, safety and welfare of the people of the communities in which they
exist and of the people of the State.
2. Such blighted areas present difficulties and handicaps which
are beyond remedy and control solely by regulatory processes in the
exercise of the police power.
3. They contribute substantially and increasingly to the problems
of, and necessitate excessive and disproportionate expenditures for,
crime prevention, correction, prosecution and punishment, the treatment
of juvenile delinquency, the preservation of the public health and
safety, and the maintaining of adequate police, fire and accident
protection and other public services and facilities.
4. This menace is becoming increasingly direct and substantial in
its significance and effect.
5. The benefits which will result from the remedying of such
conditions and the redevelopment of blighted areas will accrue to all the
inhabitants and property owners of the communities in which they exist.
(Added to NRS by 1959, 650)
It is
further found and declared that:
1. Conditions of blight tend to further obsolescence,
deterioration and disuse because of the lack of incentive to the
individual landowner and his inability to improve, modernize or
rehabilitate his property while the condition of the neighboring
properties remains unchanged.
2. As a consequence the process of deterioration of a blighted
area frequently cannot be halted or corrected except by redeveloping the
entire area, or substantial portions of it.
3. Such conditions of blight are chiefly found in areas subdivided
into small parcels, held in divided and widely scattered ownerships,
frequently under defective titles, and in many such instances the private
assembly of the land in blighted areas for redevelopment is so difficult
and costly that it is uneconomic and as a practical matter impossible for
owners to undertake because of lack of legal power and excessive costs.
4. The remedying of such conditions may require the public
acquisition at fair prices of adequate areas, the clearance of the areas
through demolition of existing obsolete, inadequate, unsafe and
insanitary buildings, and the redevelopment of the areas suffering from
such conditions under proper supervision, with appropriate planning, and
continuing land use and construction policies.
(Added to NRS by 1959, 651)
It is
further found and declared that blighted areas may include housing areas
constructed as temporary government-owned wartime housing projects, and
that such areas may be characterized by one or more of the conditions
enumerated in NRS 279.388 .
(Added to NRS by 1959, 651)
It is declared to be the
policy of the State:
1. To protect and promote the sound development and redevelopment
of blighted areas and the general welfare of the inhabitants of the
communities in which they exist by remedying such injurious conditions
through the employment of all appropriate means.
2. That whenever the redevelopment of blighted areas cannot be
accomplished by private enterprise alone, without public participation
and assistance in the acquisition of land, in planning and in the
financing of land assembly, in the work of clearance, and in the making
of improvements necessary therefor, it is in the public interest to
employ the power of eminent domain, to advance or expend public funds for
these purposes, and to provide a means by which blighted areas may be
redeveloped or rehabilitated.
3. That the redevelopment of blighted areas and the provision for
appropriate continuing land use and construction policies in them
constitute public uses and purposes for which public money may be
advanced or expended and private property acquired, and are governmental
functions of state concern in the interests of health, safety and welfare
of the people of the State and of the communities in which the areas
exist.
4. That the necessity in the public interest for the provisions of
NRS 279.382 to 279.685 , inclusive, is declared to be a matter of
legislative determination.
(Added to NRS by 1959, 651)
It is further found and
declared that:
1. The provision of housing is a fundamental purpose of the
Community Redevelopment Law and that a generally inadequate supply of
decent, safe and sanitary housing available to low-income households
threatens the accomplishment of the primary purposes of the Community
Redevelopment Law, including, without limitation, creating new employment
opportunities, attracting new private investments of money in the area
and creating physical, economic, social and environmental conditions to
remove and prevent the recurrence of blight.
2. The provision and improvement of housing which can be rented or
sold to families with low incomes and which is inside or outside the
boundaries of the redevelopment area can be of direct benefit to the
redevelopment area in assisting the accomplishment of project objectives
whether or not the redevelopment plan provides for housing within the
project area.
3. The provision of affordable housing by redevelopment agencies
and the use of taxes allocated to the agency pursuant thereto is of
statewide benefit and assistance to all local governmental agencies in
the areas where housing is provided.
(Added to NRS by 1993, 1328)
AGENCIES
There is in each
community a public body, corporate and politic known as the redevelopment
agency of the community.
(Added to NRS by 1959, 652)
An agency shall not transact any business or
exercise any powers under NRS 279.382
to 279.685 , inclusive, unless, by
resolution, the legislative body declares that there is need for an
agency to function in the community.
(Added to NRS by 1959, 652)
In any proceeding involving the validity or enforcement of,
or relating to, any contract by an agency, the agency is conclusively
deemed to have been established and authorized to transact business and
exercise its powers upon proof of the adoption of such a resolution.
(Added to NRS by 1959, 652)
For the purpose of aiding and cooperating in the planning, undertaking,
construction or operation of redevelopment projects located within the
area in which it is authorized to act, any public body, upon the terms
and with or without consideration as it determines, may:
1. Dedicate, sell, convey or lease any of its property to a
redevelopment agency.
2. 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 redevelopment projects.
3. Furnish, dedicate, close, pave, install, grade, regrade, plan
or replan streets, roads, roadways, alleys, sidewalks or other places
which it is otherwise empowered to undertake.
4. Plan or replan, zone or rezone any part of such area and make
any legal exceptions from building regulations and ordinances.
5. Enter into agreements with the Federal Government respecting
action to be taken by such public body pursuant to any of the powers
granted by NRS 279.382 to 279.685
, inclusive. Such agreements may extend
over any period, notwithstanding any law to the contrary.
6. Purchase or legally invest in any of the bonds of an agency and
exercise all of the rights of any holder of such bonds.
(Added to NRS by 1959, 652)
Execution or other judicial process shall
not issue against the real property of an agency nor shall any judgment
against an agency be a charge or lien upon its real property. This
section does not apply to or limit the right of obligees to foreclose or
otherwise enforce any mortgage, deed of trust or other encumbrance of an
agency or the right of obligees to pursue any remedies for the
enforcement of any pledge or lien given by an agency on its rents, fees
or revenues.
(Added to NRS by 1959, 652)
If an agency has
not redeveloped or acquired land for, or commenced the redevelopment of a
project, or entered into contracts for redevelopment within 2 years after
the adoption of a resolution, as provided in NRS 279.428 , the legislative body may by resolution
declare that there is no further need for the agency. Upon the adoption
of the resolution the offices of the agency members are vacated and the
capacity of the agency to transact business or exercise any powers is
suspended until the legislative body adopts a resolution declaring the
need for the agency to function.
(Added to NRS by 1959, 652)
A redevelopment plan adopted before
July 1, 1987, and any amendments to the plan must terminate at the end of
the fiscal year in which the principal and interest of the last maturing
of the securities issued before that date are fully paid or 45 years
after the date on which the original redevelopment plan was adopted,
whichever is later.
(Added to NRS by 1959, 653; A 1987, 1683; 1997, 2557; 1999, 3613
)
A redevelopment plan adopted on or
after July 1, 1987, and any amendments to the plan must terminate not
later than 30 years after the date on which the original redevelopment
plan is adopted.
(Added to NRS by 1987, 1683; A 1997, 2557)
Except as
otherwise provided in NRS 279.443 and
279.444 , when the legislative body
adopts a resolution declaring the need for an agency, the mayor or other
executive officer of a city or chairman of the board of county
commissioners, with the approval of the legislative body, shall appoint
five resident electors of the community as members of the agency.
(Added to NRS by 1959, 653; A 2003, 1286 )
A member may
not be an employee of the community, but notwithstanding any other law,
he may be a member or employee of any other agency or authority of, or
created for, the community.
(Added to NRS by 1959, 653; A 2003, 1286 )
1. As an alternative to the appointment of five members of the
agency pursuant to NRS 279.440 and as
an alternative to the procedures set forth in NRS 279.444 :
(a) At the time of the adoption of a resolution pursuant to NRS
279.428 , the legislative body may
appoint not more than 11 of the following persons as members of the
agency:
(1) Resident electors of the community;
(2) Members of the legislative body; or
(3) A combination of resident electors of the community and
members of the legislative body; or
(b) At any time after the adoption of a resolution pursuant to NRS
279.428 , the legislative body may
direct the mayor or other executive officer of the city or chairman of
the board of county commissioners to appoint not more than 11 of the
following persons as members of the agency:
(1) Resident electors of the community;
(2) Members of the legislative body; or
(3) A combination of resident electors of the community and
members of the legislative body.
2. The terms of any resident electors of the community first
appointed as members of the agency pursuant to paragraph (a) or (b) of
subsection 1 must be staggered in substantially the same proportion as
the terms of members are staggered pursuant to NRS 279.446 . The successors of the members first appointed
must be appointed for 4-year terms. Vacancies occurring during a term
must be filled for the unexpired term. A member shall hold office until
his successor is appointed and qualified.
(Added to NRS by 2003, 1285 )
1. As an alternative to the appointment of five members of the
agency pursuant to NRS 279.440 and as
an alternative to the procedures set forth in NRS 279.443 , the legislative body may, at the time of the
adoption of a resolution pursuant to NRS 279.428 , or at any time thereafter, declare itself to
be the agency, in which case, all the rights, powers, duties, privileges
and immunities vested by NRS 279.382 to
279.685 , inclusive, in an agency are
vested in the legislative body of the community. If the legislative body
of a city declares itself to be the agency pursuant to this subsection,
it may include the mayor of the city as part of the agency regardless of
whether he is a member of the legislative body.
2. A city may enact its own procedural ordinance and exercise the
powers granted by NRS 279.382 to
279.685 , inclusive.
3. An agency may delegate to a community any of the powers or
functions of the agency with respect to the planning or undertaking of a
redevelopment project in the area in which that community is authorized
to act, and that community may carry out or perform those powers or
functions for the agency.
(Added to NRS by 1959, 653; A 1985, 2070; 1993, 334; 2003, 1286
)
If five
resident electors of the community are appointed as members of the agency
pursuant to NRS 279.440 , three of the
members first appointed must be designated to serve for terms of 1, 2 and
3 years, respectively, after the date of their appointments and two must
be designated to serve for terms of 4 years after the date of their
appointments. Their successors must be appointed for 4-year terms.
Vacancies occurring during a term must be filled for the unexpired term.
A member shall hold office until his successor is appointed and qualified.
(Added to NRS by 1959, 653; A 2003, 1287 )
The
appointing officer shall designate the first chairman from among the
members. When there is a vacancy in such office, the agency shall elect a
chairman from among its members. Unless otherwise prescribed by the
legislative body, the term of office as chairman is for the calendar
year, or for that portion remaining after he is designated or elected.
(Added to NRS by 1959, 653)
Members shall
receive their actual and necessary expenses, including traveling expenses
incurred in the discharge of their duties. They may receive such other
compensation as the legislative body prescribes.
(Added to NRS by 1959, 653)
For inefficiency,
neglect of duty or misconduct in office, a member may be removed by the
appointing officer, but only after he has been given a copy of the
charges at least 10 days prior to a public hearing on such charges and
has had an opportunity to be heard in person or by counsel. If a member
is removed, a record of the proceedings and the charges and findings
shall be filed in the office of the clerk of the community.
(Added to NRS by 1959, 653)
1. Except as provided in subsection 2, no officer or employee of
an agency or community who in the course of his duties is required to
participate in the formulation of or to approve plans or policies for the
redevelopment of a redevelopment area may acquire any interest in any
property included within a redevelopment area within the community. If
any officer or employee owns, purchases or has or acquires any direct or
indirect financial interest in such property, he shall immediately make a
written disclosure of it to the agency and the legislative body which
must be entered on their minutes. Failure to disclose constitutes
misconduct in office.
2. Such an officer or employee may purchase or acquire property in
the redevelopment area if he uses it for his residence.
(Added to NRS by 1959, 654; A 1985, 976, 2071)
An agency shall not acquire from any of its members or
officers any property or interest in property except through eminent
domain proceedings.
(Added to NRS by 1959, 654)
The powers of each
agency are vested in the members in office.
(Added to NRS by 1959, 654)
Each
redevelopment agency exercises governmental functions and has the powers
prescribed in NRS 279.382 to 279.685
, inclusive.
(Added to NRS by 1959, 654)
An agency may:
1. Sue and be sued.
2. Have a seal.
3. Make and execute contracts and other instruments necessary or
convenient to the exercise of its powers.
4. Make, amend and repeal bylaws and regulations not inconsistent
with, and to carry into effect, the powers and purposes of NRS 279.382
to 279.685 , inclusive.
5. Obtain, hire, purchase or rent office space, equipment,
supplies, insurance and services.
6. Authorize and pay the travel expenses of agency members,
officers, agents, counsel and employees on agency business.
(Added to NRS by 1959, 654)
For the
purposes of the agency, it shall have access to the services and
facilities of the planning commission, the city engineer and other
departments and offices of the community.
(Added to NRS by 1959, 654)
An agency may select, appoint and employ such permanent and
temporary officers, agents, counsel and employees as it requires, and
determine their qualifications, duties, benefits and compensation,
subject only to the conditions and restrictions imposed by the
legislative body on the expenditure or encumbrance of the funds
appropriated to the community redevelopment agency administrative fund.
(Added to NRS by 1959, 654)
An agency may:
1. From time to time prepare plans for the improvement,
rehabilitation and redevelopment of blighted areas.
2. Disseminate redevelopment information.
3. Accept financial or other assistance from any public or private
source, for the agency’s activities, powers and duties, and expend any
funds so received for any of the purposes of NRS 279.382 to 279.685 ,
inclusive.
4. For each neighborhood within the redevelopment area, create a
residential plan for the neighborhood or appoint an advisory council for
redevelopment and delegate the authority to create the residential plan
to the advisory council. A residential plan created by an advisory
council must be approved by the agency, and each residential plan created
pursuant to this subsection must include a financing plan.
5. Include in its budget all money received from any source,
including, without limitation, money received from a local government for
use by an advisory council in carrying out a residential plan approved by
the agency.
(Added to NRS by 1959, 654; A 1999, 3613 )
Within the redevelopment area or
for purposes of redevelopment, an agency may:
1. Purchase, lease, obtain option upon or acquire by gift, grant,
bequest, devise or otherwise, any real or personal property, any interest
in property and any improvements thereon.
2. Except as otherwise provided in NRS 279.471 and 279.4712 , acquire real property by eminent domain.
3. Clear buildings, structures or other improvements from any real
property acquired.
4. Sell, lease, exchange, subdivide, transfer, assign, pledge,
encumber by mortgage, deed of trust or otherwise, or otherwise dispose of
any real or personal property or any interest in property.
5. Insure or provide for the insurance of any real or personal
property or operations of the agency against risks or hazards.
6. Rent, maintain, manage, operate, repair and clear such real
property.
(Added to NRS by 1959, 654; A 1999, 3613 ; 2005, 2216 )
1. Except as otherwise provided in this subsection, an agency may
exercise the power of eminent domain to acquire property for a
redevelopment project only if the agency adopts a resolution that
includes a written finding by the agency that a condition of blight
exists for each individual parcel of property to be acquired by eminent
domain. An agency may exercise the power of eminent domain to acquire a
parcel of property that is not blighted for a redevelopment project if
the agency adopts a resolution that includes a written finding by the
agency that a condition of blight exists for at least two-thirds of the
property within the redevelopment area at the time the redevelopment area
was created.
2. In addition to the requirement set forth in subsection 1, an
agency may exercise the power of eminent domain to acquire property for a
redevelopment project only if:
(a) The property sought to be acquired is necessary to carry out
the redevelopment plan;
(b) The agency has adopted a resolution of necessity that complies
with the requirements set forth in subsection 3; and
(c) The agency has complied with the provisions of NRS 279.4712
.
3. A resolution of necessity required pursuant to paragraph (b) of
subsection 2 must set forth:
(a) A statement that the property will be acquired for purposes of
redevelopment as authorized pursuant to subsection 17 of NRS 37.010
and subsection 2 of NRS 279.470 ;
(b) A reasonably detailed description of the property to be
acquired;
(c) A finding by the agency that the public interest and necessity
require the acquisition of the property;
(d) A finding by the agency that acquisition of the property will
be the option for redevelopment that is most compatible with the greatest
public good and the least private injury; and
(e) A finding by the agency that acquisition of the property is
necessary for purposes of redevelopment.
4. After an agency adopts a resolution pursuant to subsection 1 or
2, the resolution so adopted and the findings set forth in the resolution
are final and conclusive and are not subject to judicial review unless
credible evidence is adduced to suggest that the resolution or the
findings set forth therein were procured through bribery or fraud.
(Added to NRS by 1999, 3612 ; A 2005, 1790 , 2216 )
1. Before an agency may exercise the power of eminent domain to
acquire property for a redevelopment project, the agency must:
(a) Negotiate in good faith with the owner of the property and
attempt to reach an agreement regarding the amount of compensation to be
paid for the property;
(b) Provide the owner with a written offer of compensation in the
manner set forth in subsection 2 and allow the owner at least 30 days
after the date he receives the offer to respond to the offer, unless the
offer is returned as undeliverable; and
(c) Provide the owner with a copy of the appraisal report upon
which the offer of compensation is based at the time the offer is made.
2. A written offer of compensation required pursuant to subsection
1:
(a) Must include written notice to the owner of the property
informing him of the following:
(1) That all or a portion of his property is necessary to
carry out the redevelopment plan;
(2) The nature of the intended redevelopment, at the time of
the written offer, for which the property is considered necessary;
(3) The parcel number or other reasonably detailed
description of the property sought to be acquired;
(4) That the agency has provided a copy of the appraisal
report upon which the offer of compensation is based;
(5) That the agency will provide copies, to the extent
prepared, of any preliminary plans or redevelopment plans within 15 days
upon request; and
(6) The rights and responsibilities of the owner pursuant to
this section.
(b) Must include the value of the property sought to be acquired
plus damages, if any, as appraised by the agency.
(c) Must be sent by certified mail, return receipt requested, to
the last known address of the owner of the property as shown in the
records of the county assessor or by personal delivery. If there is more
than one owner of the property, notice must be sent to all owners of the
property. If the written offer of compensation is returned as
undeliverable, no additional notice is required. The agency is not
required to provide an additional written offer of compensation to a
person who acquires title to the property after the written offer of
compensation has been provided in the manner required pursuant to this
paragraph.
3. If the owner of the property has an appraisal performed on his
own behalf, the owner must provide the agency with a copy of the
appraisal report.
(Added to NRS by 2005, 2213 )
Before a person who seeks to purchase, lease or
otherwise acquire or increase an interest in any property within a
redevelopment area may request an agency to exercise the power of eminent
domain to acquire the property, the person requesting the redevelopment
must negotiate in good faith with the owner of the property to reach an
agreement to purchase the property from the owner of the property.
(Added to NRS by 2005, 2214 )
Any lease or sale
made pursuant to NRS 279.470 may be
made without public bidding but only after a public hearing, notice of
which shall be given by publication for not less than once a week for 2
weeks in a newspaper of general circulation published in the county in
which the land lies.
(Added to NRS by 1959, 655)
An agency may develop
as a building site any real property owned or acquired by it. In
connection with such development it may cause streets and highways to be
laid out and graded, and pavements or other road surfacing, sidewalks and
curbs, and public utilities to be constructed and installed.
(Added to NRS by 1959, 655)
An agency may operate a rehousing
bureau to assist site occupants in obtaining adequate temporary or
permanent housing. It may incur any necessary expenses for this purpose.
(Added to NRS by 1959, 655)
1. An agency shall provide assistance for relocation and shall
make all the payments required by chapter 342
of NRS and the regulations adopted by the Director of the Department of
Transportation pursuant thereto for programs or projects for which
federal financial assistance is received to pay all or any part of the
cost of that program or project.
2. This section does not limit any other authority which an agency
may have to make other payments for assistance for relocation or to make
any payment for that assistance which exceeds the amount authorized in
regulations adopted by the Director of the Department of Transportation
pursuant to chapter 342 of NRS.
(Added to NRS by 1959, 655; A 1973, 153; 1985, 2071; 1989, 636;
1999, 3613 )
An agency may:
1. Invest any money held in reserves or sinking funds, or any
money not required for immediate disbursement, in:
(a) Obligations issued by the United States Postal Service or the
Federal National Mortgage Association, whether or not the payment of
principal and interest thereon is guaranteed by the Federal Government.
(b) Bonds or other obligations issued by a redevelopment agency
created pursuant to NRS 279.382 to
279.685 , inclusive, or a legislative
body that has elected to exercise the powers granted to an agency
pursuant to the provisions of NRS 279.382 to 279.685 ,
inclusive.
(c) Bonds or other securities issued pursuant to the provisions of
NRS 349.150 to 349.364 , inclusive, 350.500 to 350.720 , inclusive, or 396.809 to 396.885 , inclusive.
(d) Money market mutual funds that:
(1) Are registered with the Securities and Exchange
Commission;
(2) Are rated by a nationally recognized rating service as
“AAA” or its equivalent; and
(3) Invest only in securities issued or guaranteed as to
payment of principal and interest by the Federal Government, or its
agencies or instrumentalities, or in repurchase agreements that are fully
collateralized by such securities.
(e) Any other investment in which a city may invest pursuant to NRS
355.170 .
2. Purchase its bonds at a price not more than their principal
amount and accrued interest. All bonds so purchased must be cancelled.
(Added to NRS by 1959, 655; A 1997, 2875; 1999, 576 , 621 )
1. An agency may obligate lessees or purchasers of property
acquired in a redevelopment project to:
(a) Use the property for the purpose designated in the
redevelopment plans.
(b) Begin the redevelopment of the area within a period of time
which the agency fixes as reasonable.
(c) Comply with other conditions which the agency deems necessary
to carry out the purposes of NRS 279.382 to 279.685 ,
inclusive, including, without limitation, the provisions of an employment
plan or a contract approved for a redevelopment project.
2. As appropriate for the particular project, each proposal for a
redevelopment project must also include an employment plan. The
employment plan must include:
(a) A description of the existing opportunities for employment
within the area;
(b) A projection of the effect that the redevelopment project will
have on opportunities for employment within the area; and
(c) A description of the manner in which an employer relocating his
business into the area plans to employ persons living within the area of
operation who are:
(1) Economically disadvantaged;
(2) Physically handicapped;
(3) Members of racial minorities;
(4) Veterans; or
(5) Women.
(Added to NRS by 1959, 655; A 1985, 2071; 1997, 2558; 1999, 3614
)
The agency
may provide in the contract that any of the obligations of the purchaser
are covenants or conditions running with the land, the breach of which
shall cause the fee to revert to the agency.
(Added to NRS by 1959, 655)
1. An agency may, with the consent of the legislative body, pay
all or part of the value of the land for and the cost of the construction
of any building, facility, structure or other improvement and the
installation of any improvement which is publicly or privately owned and
located within or without the redevelopment area. Before the legislative
body may give its consent, it must determine that:
(a) The buildings, facilities, structures or other improvements are
of benefit to the redevelopment area or the immediate neighborhood in
which the redevelopment area is located; and
(b) No other reasonable means of financing those buildings,
facilities, structures or other improvements are available.
Ê Those determinations by the agency and the legislative body are final
and conclusive.
2. In reaching its determination that the buildings, facilities,
structures or other improvements are of benefit to the redevelopment area
or the immediate neighborhood in which the redevelopment area is located,
the legislative body shall consider:
(a) Whether the buildings, facilities, structures or other
improvements are likely to:
(1) Encourage the creation of new business or other
appropriate development;
(2) Create jobs or other business opportunities for nearby
residents;
(3) Increase local revenues from desirable sources;
(4) Increase levels of human activity in the redevelopment
area or the immediate neighborhood in which the redevelopment area is
located;
(5) Possess attributes that are unique, either as to type of
use or level of quality and design;
(6) Require for their construction, installation or
operation the use of qualified and trained labor; and
(7) Demonstrate greater social or financial benefits to the
community than would a similar set of buildings, facilities, structures
or other improvements not paid for by the agency.
(b) The opinions of persons who reside in the redevelopment area or
the immediate neighborhood in which the redevelopment area is located.
(c) Comparisons between the level of spending proposed by the
agency and projections, made on a pro forma basis by the agency, of
future revenues attributable to the buildings, facilities, structures or
other improvements.
3. If the value of that land or the cost of the construction of
that building, facility, structure or other improvement, or the
installation of any improvement has been, or will be, paid or provided
for initially by the community or other governmental entity, the agency
may enter into a contract with that community or governmental entity
under which it agrees to reimburse the community or governmental entity
for all or part of the value of that land or of the cost of the building,
facility, structure or other improvement, or both, by periodic payments
over a period of years. The obligation of the agency under that contract
constitutes an indebtedness of the agency which may be payable out of
taxes levied and allocated to the agency under paragraph (b) of
subsection 1 of NRS 279.676 , or out of
any other available money.
(Added to NRS by 1959, 655; A 1981, 763; 1985, 2072; 1993, 1329;
2003, 644 )
Without the consent of an
owner, an agency may not acquire any real property on which an existing
building is to be continued on its present site and in its present form
and use unless such building requires structural alteration, improvement,
modernization or rehabilitation, or the site or lot on which the building
is situated requires modification in size, shape or use or it is
necessary to impose upon such property any of the standards, restrictions
and controls of the plan and the owner fails or refuses to agree to
participate in the redevelopment plan.
(Added to NRS by 1959, 656)
An agency may borrow money or accept financial or other
assistance from the State, the Federal Government or private sources for
any redevelopment project within its area of operation, and may comply
with any conditions of that loan or grant.
(Added to NRS by 1959, 656; A 1985, 2072)
Property already devoted to a public use may be acquired by the
agency through eminent domain, but property of a public body shall not be
acquired without its consent.
(Added to NRS by 1959, 656)
The
territorial jurisdiction of the agency of a county is the unincorporated
territory in the county, and that of a city is the territory within its
limits.
(Added to NRS by 1959, 656)
The agency may in any year during which it owns
property in a redevelopment project pay to any city, county, district or
other public corporation which would have levied a tax upon such
property, had it not been exempt, an amount of money in lieu of taxes.
(Added to NRS by 1959, 656)
Any work of grading, clearing, demolition or construction in excess of
$10,000 undertaken by the agency must be done by contract after
competitive bids.
(Added to NRS by 1959, 656; A 1985, 2072)
1. The provisions of NRS 338.010 to 338.090 , inclusive, apply to any contract for new construction, repair
or reconstruction which is awarded on or after October 1, 1991, by an
agency for work to be done in a project.
2. If an agency provides property for development at less than the
fair market value of the property, or provides financial incentives to
the developer with a value of more than $100,000, the agency must provide
in the agreement with the developer that the development project is
subject to the provisions of NRS 338.010 to 338.090 , inclusive, to the same extent as if the agency had awarded
the contract for the project. This subsection applies only to the project
covered by the agreement between the agency and the developer. This
subsection does not apply to future development of the property unless
additional financial incentives with a value of more than $100,000 are
provided to the developer.
(Added to NRS by 1959, 656; A 1991, 2345)
Two
or more agencies within two or more communities may jointly exercise the
powers granted under NRS 279.382 to
279.685 , inclusive. In such case the
agencies, the planning commissions and the legislative bodies may hold
joint hearings and meetings, or the legislative bodies of the communities
acting separately may each designate the agency of one of the communities
to act as the agency for all of the interested communities.
(Added to NRS by 1959, 657)
If one agency is designated, it shall obtain the report and
recommendation of the planning commission of each community on the
redevelopment plan and its conformity to the master or general plan of
each community before presenting the tentative redevelopment plan or the
redevelopment plan to the respective legislative bodies for adoption.
(Added to NRS by 1959, 657)
The designated
agency and each planning commission shall cooperate in formulating
redevelopment plans.
(Added to NRS by 1959, 657)
By ordinance the legislative body of a community may
authorize the redevelopment of an area within its territorial limits by
another community if such area is contiguous to such other community. The
ordinance shall designate the community to undertake such redevelopment.
The community so authorized may undertake the redevelopment of such area
in all respects as if the area was within its territorial limits and its
legislative body, agency and planning commission shall have all the
rights, powers and privileges with respect to such area as if it was
within the territorial limits of the community so authorized. Neither the
legislative body, agency nor planning commission of the community so
authorizing shall be required to comply with any requirements of NRS
279.382 to 279.685 , inclusive, except as set forth in this
section. Any redevelopment plan for such area shall be approved by
ordinance enacted by the legislative body of the community so authorizing.
(Added to NRS by 1959, 657)
PLANS
Before any area is designated for
redevelopment, the community authorized to undertake such development
shall:
1. Have a planning commission.
2. Have a master or general plan for the community adopted by the
planning commission or the legislative body. The plan must include all of
the following:
(a) The general location and extent of existing and proposed major
thoroughfares, transportation routes, terminals and other major public
utilities and facilities.
(b) A land-use plan which designates the proposed general
distribution and general location and extent of the uses of the land for
housing, business, industry, recreation, education, public buildings and
grounds and other categories of public and private uses of land.
(c) A statement of the standards of population density and building
intensity recommended for the various districts and other territorial
units, and estimates of future growth in population, in the territory
covered by the plan, all correlated with the land-use plan.
(d) Maps, plans, charts or other descriptive matter showing the
areas in which conditions are found indicating the existence of blighted
areas.
(Added to NRS by 1959, 657; A 1987, 711)
Areas for evaluation may be designated by resolution of the
legislative body, or the legislative body may by resolution authorize the
designation of those areas by resolution of the planning commission or by
resolution of the members of the agency.
(Added to NRS by 1959, 658; A 1985, 2073)
1. A redevelopment area need not be restricted to buildings,
improvements or lands which are detrimental or inimical to the public
health, safety or welfare, but may consist of an area in which such
conditions predominate and injuriously affect the entire area. A
redevelopment area may include, in addition to blighted areas, lands,
buildings or improvements which are not detrimental to the public health,
safety or welfare, but whose inclusion is found necessary for the
effective redevelopment of the area of which they are a part.
2. At least 75 percent of the area included within a redevelopment
area must be improved land and may include, without limitation:
(a) Public land upon which public buildings have been erected or
improvements have been constructed.
(b) Land on which an abandoned mine, landfill or other similar use
is located and which is surrounded by or directly abuts the improved land.
3. The area included within a redevelopment area may be contiguous
or noncontiguous.
4. If the subject of the redevelopment is an eligible railroad or
facilities related to an eligible railroad, the area included within a
redevelopment area may consist of contiguous or noncontiguous vacant land
that:
(a) Is located near the eligible railroad; and
(b) May accommodate commercial or industrial facilities that may
use the eligible railroad.
5. The taxable property in a redevelopment area must not be
included in any subsequently created redevelopment area until at least 50
years after the effective date of creation of the first redevelopment
area in which the property was included.
6 As used in this section, “improved land” means:
(a) Land that contains structures which:
(1) Are used for residential, commercial, industrial or
governmental purposes; and
(2) Have been connected to water facilities, sewer
facilities or roads, or any combination thereof;
(b) Any areas related to the structures described in paragraph (a),
including, without limitation, landscaping areas, parking areas, parks
and streets; and
(c) If the subject of the redevelopment is an eligible railroad or
facilities related to an eligible railroad:
(1) Land on which the eligible railroad is located; and
(2) Any areas related to the eligible railroad, including,
without limitation, land on which is located railroad tracks, a railroad
right-of-way or a facility related to the eligible railroad.
(Added to NRS by 1985, 2067; A 1987, 1683; 1999, 1090 ; 2005, 2216 )
The resolution designating an area for evaluation must
contain the following:
1. A finding that the area requires study to determine if a
redevelopment project within that area is feasible.
2. A description of the boundaries of the area designated.
(Added to NRS by 1959, 658; A 1985, 2073)
Any
person may, in writing, request the legislative body, or the planning
commission or the agency if authorized by the legislative body to
designate areas for evaluation, to designate such an area for study, and
may submit with their request plans showing the proposed redevelopment of
that area or any part thereof.
(Added to NRS by 1959, 658; A 1985, 2073)
The planning commission may, on its own motion or at the request of the
agency, or shall, at the direction of the legislative body or upon the
written petition of the owners in fee of a majority of any redevelopment
area, excluding publicly owned areas or areas dedicated to a public use,
select one or more redevelopment areas comprising all or part of the area
for evaluation, and formulate a preliminary plan for the redevelopment of
each redevelopment area.
(Added to NRS by 1959, 658; A 1985, 2073)
A preliminary plan is
sufficient if it:
1. Describes the boundaries of the redevelopment area.
2. Contains a general statement of the uses of the land, layout of
principal streets, densities of population and intensities and standards
of building proposed for the redevelopment of the area.
3. Shows how the purposes of NRS 279.382 to 279.685 ,
inclusive, would be attained by such redevelopment.
4. Shows that the proposed redevelopment conforms to the master or
general plan for the community.
(Added to NRS by 1959, 658; A 1985, 2073)
The planning commission shall submit the preliminary plan for each
redevelopment area to the agency. The agency shall make an analysis of
the preliminary plan and include the analysis in its report to the
legislative body.
(Added to NRS by 1959, 658; A 1985, 2074)
The
agency and planning commission shall cooperate in the selection of
redevelopment areas and in the preparation of the preliminary plans.
(Added to NRS by 1959, 658; A 1985, 2074)
Each agency shall prepare or cause to
be prepared, or adopt, a redevelopment plan for each redevelopment area
and for that purpose may hold hearings and conduct examinations,
investigations and other negotiations.
(Added to NRS by 1959, 661; A 1985, 2074)
1. Every redevelopment plan must provide for the participation and
assistance in the redevelopment of property in the redevelopment area by
the owners of all or part of that property if the owners agree to
participate in conformity with the redevelopment plan adopted by the
legislative body for the area.
2. With respect to each redevelopment area, each agency shall,
before the adoption of the redevelopment plan, adopt and make available
for public inspection rules to implement the operation of this section in
connection with that plan.
3. Every redevelopment plan must contain provisions for
redevelopment of the property if the owners fail to participate in the
redevelopment.
(Added to NRS by 1959, 661; A 1985, 2074; 1999, 3614 )
A redevelopment plan must conform to the master or general plan for the
community as it applies to the redevelopment area. The agency shall
consult with the planning commission of the community in formulating
redevelopment plans.
(Added to NRS by 1959, 661; A 1985, 2074)
1. Before the redevelopment plan is submitted to the legislative
body, it must be submitted to the planning commission for its report and
recommendation and for its conformity to the master or general plan for
the community. Within 30 days after a redevelopment plan is submitted to
it for consideration, the planning commission shall make and file its
report and recommendation with the agency.
2. If the planning commission recommends against the approval of
the redevelopment plan, the legislative body may adopt that plan by a
two-thirds vote of its entire membership. If the planning commission
recommends approval or fails to make any recommendation within the time
allowed, the legislative body may adopt the redevelopment plan by a
majority vote of the entire membership.
(Added to NRS by 1959, 661; A 1985, 2074)
Every redevelopment plan must show:
1. The amount of open space to be provided and the layout of
streets;
2. Limitations on type, size, height, number and proposed use of
buildings;
3. The approximate number of dwelling units;
4. The property to be devoted to public purposes and the nature of
those purposes;
5. Other covenants, conditions and restrictions which the
legislative body prescribes; and
6. The proposed method of financing the redevelopment plan in
sufficient detail so that the legislative body may determine the economic
feasibility of the plan.
(Added to NRS by 1959, 662; A 1985, 2075; 1991, 2064; 1997, 2558)
Except as otherwise provided in NRS 279.486
, every redevelopment plan must provide
for the agency to lease or sell all real property acquired by it in any
redevelopment area, except property conveyed by it to the community. Any
such lease or sale must be conditioned on the redevelopment and use of
the property in conformity with the redevelopment plan.
(Added to NRS by 1959, 662; A 1985, 2075)
A redevelopment plan may provide for the agency to:
1. Acquire by gift, purchase, lease or condemnation all or part of
the real property in the redevelopment area, and any personal property
acquired in connection with that real property.
2. Issue bonds and expend the proceeds from their sale in carrying
out the redevelopment plan.
(Added to NRS by 1959, 662; A 1985, 2075)
1. After the formation of a redevelopment plan and its submission
to the planning commission of the community, the agency shall submit it
to the legislative body.
2. Every redevelopment plan submitted to the legislative body must
be accompanied by a report containing:
(a) The reasons for the selection of the redevelopment area;
(b) A description of the physical, social and economic conditions
existing in the area;
(c) A description of the proposed method of financing the
redevelopment plan in sufficient detail so that the legislative body may
determine the economic feasibility of the plan;
(d) A method or plan for the relocation of persons and families
temporarily or permanently displaced from housing facilities in the
redevelopment area;
(e) An analysis of the preliminary plan; and
(f) The report and recommendations of the planning commission, if
any.
(Added to NRS by 1959, 662; A 1985, 2075)
1. The legislative body shall consider the redevelopment plan
submitted by the agency and all evidence and testimony for or against the
adoption of the plan at a public hearing, notice of which must be given
by publication for not less than once a week for 4 successive weeks in a
newspaper of general circulation published in the county in which the
redevelopment area is located.
2. The notice of hearing must include:
(a) A legal description of the boundaries of the area designated in
the redevelopment plan;
(b) A general statement of the scope and objectives of the plan; and
(c) A statement of the day, hour and place where any person:
(1) Having an objection to the proposed redevelopment plan;
or
(2) Who denies the existence of blight in the proposed
redevelopment area or the regularity of any of the proceedings,
Ê may appear before the legislative body and show cause why the proposed
plan should not be adopted.
3. Copies of the notice must be mailed to the last known owner of
each parcel of land in the area designated in the redevelopment plan, at
his last known address as shown by the records of the assessor for the
community.
(Added to NRS by 1959, 662; A 1985, 2076)
After publication of notice of the
public hearing pursuant to NRS 279.580
and before approval of the redevelopment plan by the legislative body,
the legislative body may submit to the planning commission a proposal to
exclude land from a proposed redevelopment area. Within 30 days after
that change is submitted to it for consideration, the planning commission
shall submit its report and recommendation to the legislative body. If
the planning commission does not report upon the change within 30 days
after its submission by the legislative body, the legislative body may
proceed to exclude the land from the proposed redevelopment area without
that report and recommendation.
(Added to NRS by 1985, 2067)
1. If the legislative body determines that:
(a) The redevelopment area includes a blighted area, the
redevelopment of which is necessary to effectuate the public purposes
declared in NRS 279.382 to 279.685
, inclusive;
(b) The redevelopment plan would redevelop the area in conformity
with NRS 279.382 to 279.685 , inclusive, and is in the interests of the
peace, health, safety and welfare of the community;
(c) The redevelopment plan conforms to the general plan of the
community;
(d) The condemnation of real property, if provided for in the
redevelopment plan, is necessary to the execution of the redevelopment
plan and adequate provisions have been made for payment for property to
be acquired as provided by law;
(e) Adequate permanent housing is or will be made available in the
community for displaced occupants of the redevelopment area at rents
comparable to those in the community at the time of displacement, if the
redevelopment plan may result in the temporary or permanent displacement
of any occupants of housing in the redevelopment area;
(f) All noncontiguous areas of a redevelopment area:
(1) Are blighted or necessary for effective redevelopment; or
(2) Satisfy the requirements set forth in subsection 4 of
NRS 279.519 ;
(g) Inclusion of any lands, buildings or improvements which are not
detrimental to the public health, safety or welfare is necessary for the
effective redevelopment of the area of which they are a part; and
(h) Adequate provisions have been made for the payment of the
principal of and interest on any bonds which may be issued by the agency,
if provided for in the redevelopment plan,
Ê the legislative body may adopt, by ordinance, the plan as the official
redevelopment plan for the redevelopment area.
2. The ordinance must:
(a) Contain a legal description of the boundaries of the
redevelopment area covered by the redevelopment plan;
(b) Set forth the purposes and intent of the legislative body with
respect to the redevelopment area;
(c) Designate the approved plan as the official redevelopment plan
of the redevelopment area and incorporate it by reference; and
(d) Contain the determinations of the legislative body as set forth
in subsection 1.
(Added to NRS by 1959, 663; A 1985, 2076; 2005, 2217 )
1. The decision of the legislative body concerning a redevelopment
area is final and conclusive, and it is thereafter conclusively presumed
that the redevelopment area is a blighted area and that all prior
proceedings have been properly and regularly taken.
2. This section does not apply in any action questioning the
validity of any redevelopment plan, the adoption or approval of that
plan, or any of the findings or determinations of the agency or the
legislative body in connection with that plan brought pursuant to NRS
279.609 .
(Added to NRS by 1985, 2067)
No plan may be approved unless it contains adequate
safeguards that the work of redevelopment will be carried out pursuant to
the plan and provides for the retention of controls and the establishment
of any restrictions or covenants running with land sold or leased for
private use for such periods of time and under such conditions as the
legislative body deems necessary to effectuate the purposes of NRS
279.382 to 279.685 , inclusive. The establishment of such controls
is a public purpose under the provisions of NRS 279.382 to 279.685 ,
inclusive.
(Added to NRS by 1959, 663)
Upon the
filing of the ordinance with the clerk or other appropriate officer of
the legislative body, a copy of the ordinance shall be sent to the
agency, and the agency is vested with the responsibility for carrying out
the plan.
(Added to NRS by 1959, 664)
1. The legislative body shall record with the county recorder of
the county in which the redevelopment area is situated a description of
the land within the redevelopment area and a statement that proceedings
for the redevelopment of that area have been instituted.
2. Within 30 days after the adoption by the legislative body of a
redevelopment plan which contains a provision for the division of taxes
pursuant to NRS 279.676 , the clerk of
the community shall transmit a copy of the description and statement
recorded pursuant to subsection 1, a copy of the ordinance adopting the
plan and a map or plat indicating the boundaries of the redevelopment
area to:
(a) The auditor and tax assessor of the county in which the
redevelopment area is located;
(b) The officer who performs the functions of auditor or assessor
for any taxing agency which, in levying or collecting its taxes, does not
use the county assessment roll or collect its taxes through the county;
and
(c) The governing body of each of the taxing agencies which levies
taxes upon any property in the redevelopment area.
(Added to NRS by 1985, 2067; A 2001, 1760 )
After the adoption of a redevelopment plan, all
applicants for building permits in the redevelopment area must be advised
by the building department of the community that the site for which a
building permit is sought for the construction of buildings or for other
improvements is within a redevelopment area.
(Added to NRS by 1985, 2068)
The
legislative body may require the agency to submit any contracts to the
legislative body and obtain its approval before entering into such
contracts.
(Added to NRS by 1959, 664)
1. If, at any time after the adoption of a redevelopment plan by
the legislative body, the agency desires to take an action that will
constitute a material deviation from the plan or otherwise determines
that it would be necessary or desirable to amend the plan, the agency
must recommend the amendment of the plan to the legislative body. An
amendment may include the addition of one or more areas to any
redevelopment area.
2. Before recommending amendment of the plan, the agency shall
hold a public hearing on the proposed amendment. Notice of that hearing
must be published at least 10 days before the date of hearing in a
newspaper of general circulation, printed and published in the community,
or, if there is none, in a newspaper selected by the agency. The notice
of hearing must include a legal description of the boundaries of the area
designated in the plan to be amended and a general statement of the
purpose of the amendment.
3. In addition to the notice published pursuant to subsection 2,
the agency shall cause a notice of hearing on a proposed amendment to the
plan to be sent by mail at least 10 days before the date of the hearing
to each owner of real property, as listed in the records of the county
assessor, whom the agency determines is likely to be directly affected by
the proposed amendment. The notice must:
(a) Set forth the date, time, place and purpose of the hearing and
a physical description of, or a map detailing, the proposed amendment; and
(b) Contain a brief summary of the intent of the proposed amendment.
4. If after the public hearing, the agency recommends substantial
changes in the plan which affect the master or community plan adopted by
the planning commission or the legislative body, those changes must be
submitted by the agency to the planning commission for its report and
recommendation. The planning commission shall give its report and
recommendations to the legislative body within 30 days after the agency
submitted the changes to the planning commission.
5. After receiving the recommendation of the agency concerning the
changes in the plan, the legislative body shall hold a public hearing on
the proposed amendment, notice of which must be published in a newspaper
in the manner designated for notice of hearing by the agency. If after
that hearing the legislative body determines that the amendments in the
plan, proposed by the agency, are necessary or desirable, the legislative
body shall adopt an ordinance amending the ordinance adopting the plan.
6. As used in this section, “material deviation” means an action
that, if taken, would alter significantly one or more of the aspects of a
redevelopment plan that are required to be shown in the redevelopment
plan pursuant to NRS 279.572 . The term
includes, without limitation, the vacation of a street that is depicted
in the streets and highways plan of the master plan described in
paragraph (p) of subsection 1 of NRS 278.160 which has been adopted for the community and
the relocation of a public park. The term does not include the vacation
of a street that is not depicted in the streets and highways plan of the
master plan described in paragraph (p) of subsection 1 of NRS 278.160
which has been adopted for the
community.
(Added to NRS by 1959, 664; A 1983, 492; 1985, 2077; 2003, 2344
)
Any action questioning the validity of:
1. Any redevelopment plan or amendment to a redevelopment plan;
2. The adoption or approval of that plan or amendment; or
3. Any of the findings or determinations of the agency or the
legislative body in connection with that plan,
Ê may only be brought after the adoption of the plan or amendment or
within 90 days after the date of adoption of the ordinance adopting or
amending the plan.
(Added to NRS by 1985, 2068)
FINANCIAL PROVISIONS
1. At any time after the agency created for any community becomes
authorized to transact business and exercise its powers, the legislative
body of the community may appropriate to the agency such amounts as the
legislative body deems necessary for the administrative expenses and
overhead of the agency. The money appropriated may be paid to the agency
as a grant to defray the expenses and overhead, or as a loan to be repaid
upon such terms and conditions as the legislative body may provide.
2. In addition to the common understanding and usual
interpretation of the term, “administrative expense” includes, but is not
limited to, expenses of redevelopment planning and dissemination of
redeveloped information.
(Added to NRS by 1959, 665)
1. Each agency transacting business and exercising powers under
NRS 279.382 to 279.685 , inclusive, shall annually submit to the
legislative body of the community a proposed budget of its administrative
expenses.
2. The legislative body may adopt an annual budget for the
administrative expenses of the agency in such amounts as it deems
necessary and may provide such conditions and restrictions upon the
expenditure or encumbrance of the money appropriated pursuant to the
budget as it deems advisable.
(Added to NRS by 1959, 665)
The money appropriated
for administrative expenses shall be kept in the treasury of the
community in a special fund to be known as the community redevelopment
agency administrative fund, and money shall be drawn from the fund to
meet the administrative expenses of the agency in substantially the same
manner as money is drawn by other agencies and departments of the
community.
(Added to NRS by 1959, 665)
The
money appropriated by the legislative body to the community redevelopment
agency administrative fund is money granted by the community to defray
the administrative expenses of the agency which is performing a public
function of the community and the grant of money in this manner is not to
be construed as making the agency a department of the community or as
placing the officers, agents, counsel and employees under civil service
of the community.
(Added to NRS by 1959, 665)
Each agency
shall file with the legislative body a detailed report of all of its
transactions, including a statement of all revenues and expenditures, at
monthly, quarterly or annual intervals as the legislative body may
prescribe.
(Added to NRS by 1959, 665)
1. Securities must not be issued and no indebtedness may be
incurred in any other manner, by or on behalf of an agency to finance, in
whole or in part, a redevelopment plan beyond 20 years after the date on
which the redevelopment plan is adopted, except that an agency may enter
into leases or incur indebtedness at any time before the termination of
the redevelopment plan if the leases are terminated and the indebtedness
is fully repaid no later than the termination of the redevelopment plan.
The maturity date of any securities which are refunded must not extend
beyond the date of termination of the redevelopment plan.
2. Any securities issued by or on behalf of an agency to finance,
in whole or in part, redevelopment pursuant to NRS 279.620 to 279.626 ,
inclusive, and 279.634 to 279.672
, inclusive, must mature and be fully
paid, including any interest thereon, before the termination of the
redevelopment plan.
(Added to NRS by 1987, 1683; A 1997, 2559)
1. At any time after it has adopted a resolution declaring that
there is need for an agency to function in the community, the legislative
body may establish a redevelopment revolving fund to be kept in the
treasury of the community.
2. For the purpose of raising money to be deposited in such fund,
the legislative body may appropriate money or the community may issue and
sell general obligation bonds.
(Added to NRS by 1959, 666)
1. The community may also issue and sell its general obligation
bonds for the purpose of providing funds with which to redeem before
maturity, retire at maturity, or purchase agency bonds issued under NRS
279.634 to 279.672 , inclusive. General obligation bonds issued
pursuant to this section may be authorized and issued in a principal
amount sufficient to provide funds for the payment of any or all of the
following:
(a) The principal amount of agency bonds proposed to be so
redeemed, retired or purchased.
(b) The estimated amount of any premiums required to be paid in
connection with the redemption or purchase of such agency bonds.
(c) The estimated amount of any due and unpaid interest or accrued
interest on such agency bonds which must be paid at the time the same are
redeemed, retired or purchased.
(d) The estimated amount of all expenses incidental to or connected
with the redemption, retirement or purchase of such agency bonds and the
authorization, issuance and sale of such general obligation bonds.
2. All agency bonds redeemed, retired or purchased with the
proceeds of such general obligation bonds shall be cancelled and may not
be reissued.
(Added to NRS by 1959, 666)
676 . If the redevelopment plan contains the
provision authorized by NRS 279.676 ,
the agency and the legislative body of the community may, either before
or after the authorization of general obligation bonds for the purposes
permitted by NRS 279.622 , enter into an
agreement that the principal amount of any such general obligation bonds
sold for such purposes, together with all interest which the community
may pay thereon, shall constitute a loan by the community to the agency
for the purpose of refinancing the redevelopment project, and that,
subject to any prior pledge of or claim upon the moneys in the special
fund provided for in NRS 279.676 , the
moneys accruing to such special fund are irrevocably pledged to the
repayment of such loan until there has been repaid to the community from
time to time from such special fund the principal amount of such general
obligation bonds plus all interest which the community may pay thereon,
less such part, if any, of the proceeds of such general obligation bonds
which were not used for such purposes, and less any premiums and accrued
interest received by the community upon the sale of such general
obligation bonds.
(Added to NRS by 1959, 666)
1. For the purposes of NRS 279.626 and 279.636 ,
a special election may be held only if the legislative body of the
community determines, by a unanimous vote, that an emergency exists.
2. The determination made by the legislative body is conclusive
unless it is shown that the legislative body acted with fraud or a gross
abuse of discretion. An action to challenge the determination made by the
legislative body must be commenced within 15 days after the legislative
body’s determination is final.
3. As used in this section, “emergency” means any unexpected
occurrence or combination of occurrences which requires immediate action
by the legislative body to prevent or mitigate a substantial financial
loss to the community or to enable the legislative body to provide an
essential service to the residents of the community.
(Added to NRS by 1993, 1048)
Except as otherwise provided in NRS
279.382 to 279.685 , inclusive, any general obligation bonds
issued by any community pursuant to NRS 279.620 to 279.632 ,
inclusive, must be authorized and issued in the manner and within the
limitations prescribed by law or the charter of the community for the
issuance and authorization of the bonds for public purposes generally.
Irrespective of any limitation as to the amount of general obligation
bonds which may be issued, a community may issue the bonds for the
purposes prescribed in NRS 279.620 to
279.632 , inclusive, in excess of the
limitation, in such amount as may be authorized by the voters of the
community at any special, primary or general election if the community is
a county, and at any special election or primary or general municipal
election or primary or general state election, if the community is a city.
(Added to NRS by 1959, 666; A 1993, 1051)
1. By resolution of the legislative body adopted by a majority
vote any money in the redevelopment revolving fund may be expended from
time to time for:
(a) The acquisition of real property in any redevelopment area.
(b) The clearance, aiding in relocation of occupants of the site
and preparation of any redevelopment area for redevelopment.
2. By resolution of the legislative body adopted by a two-thirds
vote, any money in the redevelopment revolving fund may be paid to the
agency, upon such terms and conditions as the legislative body may
prescribe for any of the following purposes:
(a) Deposit in a trust fund to be expended for the acquisition of
real property in any redevelopment area.
(b) The clearance of any redevelopment area for redevelopment.
(c) Any expenses necessary or incidental to the carrying out of a
redevelopment plan which has been adopted by the legislative body.
(Added to NRS by 1959, 667; A 1985, 2078)
1. No real or personal property, or any interest therein, acquired
or constructed in whole or in part with money from the redevelopment
revolving fund may be sold or leased for an amount less than its fair
market value in accordance with any covenants and conditions governing
that sale or lease, unless the agency finds that a sale or lease for a
lesser consideration is necessary to effectuate the purposes of the
redevelopment plan.
2. All money received by the agency from the sale, lease or
encumbering of property acquired with money from the redevelopment
revolving fund in excess of the money required to repay the loans and
interest thereon authorized by NRS 279.382 to 279.685 ,
inclusive, must be redeposited in the fund.
3. If any property acquired in whole or in part from the
redevelopment revolving fund is to be sold or leased by the agency, the
sale or lease must be first approved by the legislative body by
resolution adopted after public hearing. Notice of the time and place of
the hearing must be published once in a newspaper of the community at
least 1 week before the hearing. The resolution must be adopted by a
majority vote unless the legislative body has provided by ordinance for a
two-thirds vote for such purpose.
(Added to NRS by 1959, 667; A 1981, 763; 1985, 2078)
The
legislative body of any community may abolish the redevelopment revolving
fund whenever it finds that the purposes for which it was established
have been accomplished. At the time of abolishing the fund, the
legislative body shall transfer all money in it to the general obligation
bond redemption fund and provide that all money thereafter to be
deposited or redeposited in the redevelopment revolving fund shall be
deposited in the general obligation bond redemption fund. Any surplus
existing in the general obligation bond redemption fund after payment of
principal and interest shall be transferred to the general fund of the
community.
(Added to NRS by 1959, 667)
From time to time an agency may issue bonds for any of its corporate
purposes. An agency may also issue refunding bonds for the purpose of
paying or retiring bonds previously issued by it.
(Added to NRS by 1959, 667)
1. An agency may issue such types of bonds as it may determine,
including bonds on which the principal and interest are payable:
(a) Exclusively from the income and revenues of the redevelopment
projects financed with the proceeds of the bonds, or with those proceeds
together with financial assistance from the State or Federal Government
in aid of the projects.
(b) Exclusively from the income and revenues of certain designated
redevelopment projects whether or not they were financed in whole or in
part with the proceeds of the bonds.
(c) In whole or in part from taxes allocated to, and paid into a
special fund of, the agency pursuant to the provisions of NRS 279.674
to 279.685 , inclusive.
(d) From its revenues generally.
(e) From any contributions or other financial assistance from the
State or Federal Government.
(f) By any combination of these methods.
2. Any of the bonds may be additionally secured by a pledge of any
revenue or by an encumbrance by mortgage, deed of trust or otherwise of
any redevelopment project or other property of the agency or by a pledge
of the taxes referred to in subsection 1.
3. Amounts payable in any manner permitted by this section may be
additionally secured by a pledge of the full faith and credit of the
community whose legislative body has declared the need for the agency to
function. Such additional security may only be provided upon the approval
of the majority of the voters voting on the question at a primary or
general election or a special election called for that purpose. In its
proposal to its voters the governing body shall define the area to be
redeveloped, the primary source or sources of revenue first to be
employed to retire the bonds and the maximum sum for which the city may
pledge its full faith and credit in connection with the bonds to be
issued for the project.
(Added to NRS by 1959, 668; A 1981, 314; 1993, 1052)
1. Neither the members of an agency nor any persons executing the
bonds are liable personally on the bonds by reason of their issuance.
2. Unless the full faith and credit of a community is pledged, the
bonds and other obligations of any agency are not a debt of the
community, the State or any of its political subdivisions and neither the
community, the State nor any of its political subdivisions is liable on
them, nor in any event shall the bonds or obligations be payable out of
any funds or properties other than those of the agency; and such bonds
and other obligations shall so state on their face. Unless the full faith
and credit of a community is pledged, the bonds do not constitute an
indebtedness within the meaning of any constitutional or statutory debt
limitation or restriction.
(Added to NRS by 1959, 668; A 1981, 315)
1. The agency may authorize bonds by resolution. The resolution,
trust indenture or mortgage must provide for:
(a) The issuance of the bonds in one or more series.
(b) The date the bonds will bear.
(c) The maturity dates of the bonds.
(d) The interest rate.
(e) The denomination of the bonds.
(f) Their form, either coupon or registered.
(g) The conversion or registration privileges carried by the bonds.
(h) The rank or priority of the bonds.
(i) The manner of their execution.
(j) The medium of payment.
(k) The place of payment.
(l) The terms of redemption with or without premium to which the
bonds are subject.
2. The bonds may be sold at par, above par or below par in
accordance with the provisions of NRS 350.2012 at a:
(a) Public sale held after notice is published at least once at
least 5 days before the sale in a newspaper of general circulation
published in the community, or, if there is none, in a newspaper of
general circulation published in the county; or
(b) Private sale without any advertisement or public notice.
(Added to NRS by 1959, 668; A 1993, 260; 1995, 155)
If any
agency member or officer whose signature appears on bonds or coupons
ceases to be such member or officer before delivery of the bonds, his
signature is as effective as if he had remained in office.
(Added to NRS by 1959, 669)
Bonds issued pursuant to NRS
279.382 to 279.685 , inclusive, are fully negotiable.
(Added to NRS by 1959, 669)
In any action or
proceeding involving the validity or enforceability of any bonds or their
security, any such bond reciting in substance that it has been issued by
the agency to aid in financing a redevelopment project is conclusively
deemed to have been issued for a redevelopment project and the project is
conclusively deemed to have been planned, located and constructed
pursuant to NRS 279.382 to 279.685
, inclusive.
(Added to NRS by 1959, 669)
An agency may:
1. Pledge all or any part of its gross or net rents, fees or
revenues to which its right then exists or may thereafter come into
existence.
2. Encumber by mortgage, deed of trust or otherwise all or any
part of its real or personal property, then owned or thereafter acquired.
(Added to NRS by 1959, 669)
An agency may covenant:
1. Against pledging all or any part of its rents, fees and
revenues.
2. Against encumbering all or any part of its real or personal
property, to which its right or title then exists or may thereafter come
into existence.
3. Against permitting any lien on such revenues or property.
4. With respect to limitations on its right to sell, lease or
otherwise dispose of all or part of any redevelopment project.
5. As to what other, or additional debts or obligations it may
incur.
(Added to NRS by 1959, 669)
An agency may:
1. Covenant as to the bonds to be issued, as to the issuance of
such bonds in escrow or otherwise, and as to the use and disposition of
the bond proceeds.
2. Provide for the replacement of lost, destroyed or mutilated
bonds.
3. Covenant against extending the time for the payment of its
bonds or interest.
4. Redeem the bonds, covenant for their redemption, and provide
the redemption terms and conditions.
(Added to NRS by 1959, 669)
An agency may:
1. Covenant as to the consideration or rents and fees to be
charged in the sale or lease of a redevelopment project, the amount to be
raised each year or other period of time by rents, fees and other
revenues, and as to their use and disposition.
2. Create or authorize the creation of special funds for money
held for redevelopment or other costs, debt service, reserves or other
purposes, and covenant as to the use and disposition of such money.
(Added to NRS by 1959, 669)
An agency may prescribe the procedure, if
any, by which the terms of any contract with bondholders may be amended
or abrogated; the amount of bonds whose holders are required to consent
thereto, and the manner in which such consent may be given.
(Added to NRS by 1959, 669)
An agency may covenant:
1. As to the use of any or all of its real or personal property.
2. As to the maintenance of its real and personal property, its
replacement, the insurance to be carried on it, and the use and
disposition of insurance money.
(Added to NRS by 1959, 669)
An agency may:
1. Covenant as to the rights, liabilities, powers and duties
arising upon the breach by it of any covenant, condition or obligation.
2. Covenant and prescribe as to events of default and terms and
conditions upon which any or all of its bonds or obligations become or
may be declared due before maturity, and as to the terms and conditions
upon which such declaration and its consequences may be waived.
(Added to NRS by 1959, 670)
An agency
may:
1. Vest in a trustee or the holders of bonds or any proportion of
them the right to enforce the payment of the bonds or any covenants
securing or relating to the bonds.
2. Vest in a trustee the right, in the event of a default by the
agency, to take possession of all or part of any redevelopment project,
to collect the rents and revenues arising from it and to dispose of such
money pursuant to the agreement of the agency with the trustee.
3. Provide for the powers and duties of a trustee and limit his
liabilities.
4. Provide the terms and conditions upon which the trustee or the
holders of bonds or any proportion of them may enforce any covenant or
rights securing or relating to the bonds.
(Added to NRS by 1959, 670)
An agency may:
1. Make covenants other than and in addition to the covenants
expressly authorized of like or different character.
2. Make such covenants and do any and all such acts and things as
may be necessary, convenient or desirable to secure its bonds, or, except
as otherwise provided in NRS 279.382 to
279.685 , inclusive, as will tend to
make the bonds more marketable notwithstanding that such covenants, acts
or things may not be enumerated in NRS 279.382 to 279.685 ,
inclusive.
(Added to NRS by 1959, 670)
In addition to all other
rights which may be conferred on him, and subject only to any contractual
restrictions binding upon him, an obligee may:
1. By mandamus, suit, action or proceeding, compel the agency and
its members, officers, agents or employees to perform each and every
term, provision and covenant contained in any contract of the agency with
or for the benefit of the obligee, and require the carrying out of any or
all such covenants and agreements of the agency and the fulfillment of
all duties imposed upon it by NRS 279.382 to 279.685 ,
inclusive.
2. By suit, action or proceeding in equity, enjoin any acts or
things which may be unlawful, or the violation of any of the rights of
the obligee.
(Added to NRS by 1959, 670)
By its
resolution, trust indenture, mortgage, lease or other contract, an agency
may confer upon any obligee holding or representing a specified amount in
bonds, the following rights upon the happening of an event or default
prescribed in such resolution or instrument, to be exercised by suit,
action or proceeding in any court of competent jurisdiction:
1. To cause possession of all or part of any redevelopment project
to be surrendered to any such obligee.
2. To obtain the appointment of a receiver of all or part of any
redevelopment project of the agency and of the rents and profits from it.
If a receiver is appointed, he may enter and take possession of the
redevelopment project or any part of it, operate and maintain it, collect
and receive all fees, rents, revenues or other charges thereafter arising
from it, and shall keep such money in separate accounts and apply it
pursuant to the obligations of the agency as the court shall direct.
3. To require the agency and its members and employees to account
as if it and they were the trustees of an express trust.
(Added to NRS by 1959, 670)
1. Except as otherwise provided in subsection 2, bonds issued
pursuant to the provisions of NRS 279.382 to 279.685 ,
inclusive, are issued for an essential public and governmental purpose,
and together with interest on them and income from them are exempt from
all taxes.
2. The provisions of subsection 1 do not apply to the tax on
estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed
pursuant to the provisions of chapter 375B of NRS.
(Added to NRS by 1959, 671; A 1989, 2107; 1991, 1712)
1. Notwithstanding any restrictions on investments contained in
any laws, the State and all public officers, municipal corporations,
political subdivisions, and public bodies, all banks, bankers, trust
companies, savings banks and institutions, savings and loan associations,
investment companies, and other persons carrying on a banking business,
all insurance companies, insurance associations, and other persons
carrying on an insurance business, and all executors, administrators,
guardians, trustees, and other fiduciaries may legally invest any sinking
funds, money or other funds belonging to them or within their control in
any bonds or other obligations issued by an agency. Such bonds and other
obligations are authorized security for all public deposits.
2. It is one of the purposes of NRS 279.382 to 279.685 ,
inclusive, to authorize any persons, firms, corporations, associations,
political subdivisions, districts or other public agencies and officers,
public or private, to use any funds owned or controlled by them,
including, but not limited to, sinking, insurance, investment,
retirement, compensation, pension and trust funds, and funds held on
deposit, for the purchase of any such bonds or other obligations. NRS
279.382 to 279.685 , inclusive, do not relieve any person, firm or
corporation from any duty of exercising reasonable care in selecting
securities.
(Added to NRS by 1959, 671; A 1983, 129)
As used in NRS 279.674 to 279.685 ,
inclusive, the word “taxes” shall include, but without limitation, all
levies on an ad valorem basis upon land or real property.
(Added to NRS by 1959, 671)
1. Any redevelopment plan may contain a provision that taxes, if
any, levied upon taxable property in the redevelopment area each year by
or for the benefit of the State, any city, county, district or other
public corporation, after the effective date of the ordinance approving
the redevelopment plan, must be divided as follows:
(a) That portion of the taxes which would be produced by the rate
upon which the tax is levied each year by or for each of the taxing
agencies upon the total sum of the assessed value of the taxable property
in the redevelopment area as shown upon the assessment roll used in
connection with the taxation of the property by the taxing agency, last
equalized before the effective date of the ordinance, must be allocated
to and when collected must be paid into the funds of the respective
taxing agencies as taxes by or for such taxing agencies on all other
property are paid. To allocate taxes levied by or for any taxing agency
or agencies which did not include the territory in a redevelopment area
on the effective date of the ordinance but to which the territory has
been annexed or otherwise included after the effective date, the
assessment roll of the county last equalized on the effective date of the
ordinance must be used in determining the assessed valuation of the
taxable property in the redevelopment area on the effective date. If
property which was shown on the assessment roll used to determine the
amount of taxes allocated to the taxing agencies is transferred to the
State and becomes exempt from taxation, the assessed valuation of the
exempt property as shown on the assessment roll last equalized before the
date on which the property was transferred to the State must be
subtracted from the assessed valuation used to determine the amount of
revenue allocated to the taxing agencies.
(b) Except as otherwise provided in paragraphs (c) and (d) and NRS
540A.265 , that portion of the levied taxes each year in excess of the
amount set forth in paragraph (a) must be allocated to and when collected
must be paid into a special fund of the redevelopment agency to pay the
costs of redevelopment and to pay the principal of and interest on loans,
money advanced to, or indebtedness, whether funded, refunded, assumed, or
otherwise, incurred by the redevelopment agency to finance or refinance,
in whole or in part, redevelopment. Unless the total assessed valuation
of the taxable property in a redevelopment area exceeds the total
assessed value of the taxable property in the redevelopment area as shown
by the assessment roll last equalized before the effective date of the
ordinance approving the redevelopment plan, less the assessed valuation
of any exempt property subtracted pursuant to paragraph (a), all of the
taxes levied and collected upon the taxable property in the redevelopment
area must be paid into the funds of the respective taxing agencies. When
the redevelopment plan is terminated pursuant to the provisions of NRS
279.438 and 279.439 and all loans, advances and indebtedness, if
any, and interest thereon, have been paid, all money thereafter received
from taxes upon the taxable property in the redevelopment area must be
paid into the funds of the respective taxing agencies as taxes on all
other property are paid.
(c) That portion of the taxes in excess of the amount set forth in
paragraph (a) that is attributable to a tax rate levied by a taxing
agency to produce revenues in an amount sufficient to make annual
repayments of the principal of, and the interest on, any bonded
indebtedness that was approved by the voters of the taxing agency on or
after November 5, 1996, must be allocated to and when collected must be
paid into the debt service fund of that taxing agency.
(d) That portion of the taxes in excess of the amount set forth in
paragraph (a) that is attributable to a new or increased tax rate levied
by a taxing agency and was approved by the voters of the taxing agency on
or after November 5, 1996, must be allocated to and when collected must
be paid into the appropriate fund of the taxing agency.
2. Except as otherwise provided in subsection 3, in any fiscal
year, the total revenue paid to a redevelopment agency must not exceed:
(a) In a municipality whose population is 100,000 or more, an
amount equal to the combined tax rates of the taxing agencies for that
fiscal year multiplied by 10 percent of the total assessed valuation of
the municipality.
(b) In a municipality whose population is 25,000 or more but less
than 100,000, an amount equal to the combined tax rates of the taxing
agencies for that fiscal year multiplied by 15 percent of the total
assessed valuation of the municipality.
(c) In a municipality whose population is less than 25,000, an
amount equal to the combined tax rates of the taxing agencies for that
fiscal year multiplied by 20 percent of the total assessed valuation of
the municipality.
Ê If the revenue paid to a redevelopment agency must be limited pursuant
to paragraph (a), (b) or (c) and the redevelopment agency has more than
one redevelopment area, the redevelopment agency shall determine the
allocation to each area. Any revenue which would be allocated to a
redevelopment agency but for the provisions of this section must be paid
into the funds of the respective taxing agencies.
3. The taxing agencies shall continue to pay to a redevelopment
agency any amount which was being paid before July 1, 1987, and in
anticipation of which the agency became obligated before July 1, 1987, to
repay any bond, loan, money advanced or any other indebtedness, whether
funded, refunded, assumed or otherwise incurred.
4. For the purposes of this section, the assessment roll last
equalized before the effective date of the ordinance approving the
redevelopment plan is the assessment roll in existence on March 15
immediately preceding the effective date of the ordinance.
(Added to NRS by 1959, 671; A 1981, 315, 763, 764; 1983, 493; 1987,
1684; 1989, 1105, 1747; 1991, 1044; 1993, 258; 1995, 1460; 1997, 1339,
2559, 2571; 2003, 528 ; 2003, 20th Special Session, 288 )
Whenever property
in any redevelopment project has been redeveloped and thereafter is
leased by the redevelopment agency to any person or persons or whenever
the agency leases real property in any redevelopment project to any
person or persons for redevelopment, the property shall be assessed and
taxed in the same manner as privately owned property, and the lease or
contract shall provide that the lessee shall pay taxes upon the assessed
value of the entire property and not merely upon the assessed value of
his or its leasehold interest.
(Added to NRS by 1959, 672)
Except as otherwise
provided in NRS 279.685 , in any
redevelopment plan, or in the proceedings for the advance of money, or
the making of loans, or the incurring of any indebtedness, whether
funded, refunded, assumed or otherwise, by the redevelopment agency to
finance or refinance, in whole or in part, the redevelopment project, the
portion of taxes mentioned in paragraph (b) of subsection 1 of NRS
279.676 may be irrevocably pledged for
the payment of the principal of and interest on those loans, advances or
indebtedness.
(Added to NRS by 1959, 672; A 1981, 765; 1999, 3614 )
The
faith of the State is hereby pledged that NRS 279.382 to 279.685 ,
inclusive, any law supplemental or otherwise pertaining thereto, and any
other act concerning the bonds or other securities, taxes or the pledged
revenues, or any combination of such securities, such taxes and such
revenues will not be repealed or amended or otherwise directly or
indirectly modified in such a manner as to impair adversely any
outstanding bonds or securities until all such bonds and securities have
been discharged in full or provision for their payment and redemption has
been made fully, including, without limitation, the known minimum yield
from the investment or reinvestment of money pledged therefor in federal
securities.
(Added to NRS by 1999, 1090 )
1. Except as otherwise provided in this section, an agency of a
city whose population is 300,000 or more that receives revenue from taxes
pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall set aside not less than 15 percent of
that revenue received on or before October 1, 1999, and 18 percent of
that revenue received after October 1, 1999, to increase, improve and
preserve the number of dwelling units in the community for low-income
households.
2. The obligation of an agency to set aside not less than 15
percent of the revenue from taxes allocated to and received by the agency
pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of
the agency. As used in this subsection, “existing obligations” means the
principal and interest, when due, on any bonds, notes or other
indebtedness whether funded, refunded, assumed or otherwise incurred by
the agency before July 1, 1993, to finance or refinance in whole or in
part, the redevelopment of a redevelopment area. For the purposes of this
subsection, obligations incurred by an agency after July 1, 1993, shall
be deemed existing obligations if the net proceeds are used to refinance
existing obligations of the agency.
3. The obligation of an agency to set aside an additional 3
percent of the revenue from taxes allocated to and received by the agency
pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of
the agency. As used in this subsection, “existing obligations” means the
principal and interest, when due, on any bonds, notes or other
indebtedness whether funded, refunded, assumed or otherwise incurred by
the agency before October 1, 1999, to finance or refinance in whole or in
part, the redevelopment of a redevelopment area. For the purposes of this
subsection, obligations incurred by an agency after October 1, 1999,
shall be deemed existing obligations if the net proceeds are used to
refinance existing obligations of the agency.
4. The agency may expend or otherwise commit money for the
purposes of subsection 1 outside the boundaries of the redevelopment area.
(Added to NRS by 1993, 1328; A 1999, 3615 ; 2001, 1972 )
