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Regular Session, 2010
HOUSE BILL NO. 1080
BY REPRESENTATIVES ROSALIND JONES, AUBERT, BILLIOT, CARMODY,
CARTER, SAM JONES, LIGI, AND STIAES
MUNICIPALITIES: Provides relative to the redevelopment of blighted property in the city
of Monroe
AN ACT1
To enact Chapter 13-M of Title 33 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 33:4720.201 through 4720.209, relative to the city of Monroe; to3
provide relative to blighted property within the city; to provide relative to the4
formation of workable programs in the city for the use of appropriate private and5
public resources to eliminate and prevent the development or spread of slum,6
blighted, and distressed areas and to provide for the redevelopment of such areas; to7
provide relative to the required notice and procedures for the implementation of any8
such program; to provide relative to the powers and duties of the city and the9
Monroe-Ouachita Regional Planning Commission with respect to blighted property;10
and to provide for related matters.11
Notice of intention to introduce this Act has been published12
as provided by Article III, Section 13 of the Constitution of13
Louisiana.14
Be it enacted by the Legislature of Louisiana:15
Section 1. Chapter 13-M of Title 33 of the Louisiana Revised Statutes of 1950,16
comprised of R.S. 33:4720.201 through 4720.209, is hereby enacted to read as follows:17
CHAPTER 13-M. CITY OF MONROE; BLIGHTED PROPERTY;18
REDEVELOPMENT POWERS19
§4720.201. Findings, declaration of necessity, and purpose20
A. It is hereby found and declared that:21 HLS 10RS-706 ENGROSSED
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(1) There exists in the city of Monroe, Louisiana, areas which have become1
slum and blighted because of the unsafe, unsanitary, inadequate, or overcrowded2
conditions of the structures therein, or because of inadequate planning of the area,3
or because of physically or functionally obsolete structures, or both, or because of4
excessive dwelling unit density, or because of the lack of proper light and air and5
open space, or because of faulty street or lot design, or inadequate public utilities or6
community services, or because of the conversion to incompatible types of land7
usage.8
(2) Such conditions or a combination of some or all of them have and will9
continue to result in making such areas economic and social liabilities imposing10
onerous parochial burdens which decrease the tax base and reduce tax revenues and11
cause harm to the social and economic well-being of the municipality, depreciating12
property values therein, and thereby depreciating further the general communitywide13
values.14
(3) The prevention and elimination of slums and blight areas and their causes15
is a matter of public policy and concern in order that the municipality shall not16
continue to be endangered by areas which are focal centers of economic and social17
retardation, and consume an excessive proportion of its revenues because of the extra18
services required for police, fire, accident, and other forms of public protection,19
services, and facilities.20
(4) The salvage and renewal of such areas, in accordance with sound and21
approved plans for their redevelopment, will promote the public health, safety,22
morals, and welfare.23
(5) Certain such areas or portions thereof may be susceptible to conservation24
or rehabilitation by voluntary action and through existing regulatory processes in25
such a manner that the conditions and evils enumerated in this Section may be26
eliminated, remedied, and prevented; and that in certain areas blight and slum27
conditions are beyond remedy or reasonable control through regulatory processes28
and cannot be effectively dealt with under existing law without additional aids as29 HLS 10RS-706 ENGROSSED
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provided in this Chapter; and that such conditions often exist under circumstances1
in areas in which their assembly for purposes of clearance, replanning, and2
redevelopment is impossible without the exercise of the power of expropriation.3
B. The powers conferred by this Chapter are for public uses, purposes, and4
utility for which public money may be expended and expropriation authority utilized5
as necessary and in the public's interest and in conformity with the approved plans6
of the municipality. The provisions provided by this Chapter shall apply for7
residential, recreational, commercial, industrial, or other purposes and otherwise8
encourage the provision of healthful homes, a decent living environment, and9
adequate places of employment for the people in the municipality. Such purposes10
are hereby declared as a matter of legislative determination.11
§4720.202. Workable program12
The Monroe City Council, for the purposes of this Chapter, may formulate13
a workable program for community improvement for utilizing appropriate private14
and public resources to eliminate and prevent the development or spread of slums15
and blight, to encourage needed rehabilitation, and to provide for the redevelopment16
of slum or blighted areas or to undertake other feasible parochial activities as may17
be suitably employed to achieve the objectives of such workable program.18
§4720.203. Encouragement of private enterprise19
The Monroe City Council, referred to in this Chapter as the "municipal20
governing authority", to the greatest extent it determines to be feasible in carrying21
out the provisions of this Chapter, shall afford maximum opportunity, consistent with22
the sound needs of the city of Monroe as a whole, to the rehabilitation or23
redevelopment of the community improvement area by private enterprise. The24
municipal governing authority shall give consideration to this objective in exercising25
its authority under this Chapter.26
§4720.204. Authority27
The municipal governing authority shall have all the authority and power28
necessary or convenient to carry out and effectuate the purposes and provisions of29 HLS 10RS-706 ENGROSSED
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this Chapter, including without limiting the generality of the foregoing, the following1
authority which shall be in addition to others granted in this Chapter:2
(1) To undertake and carry out community improvement projects and related3
activities in accordance with the municipality's comprehensive plan; and to make and4
execute contracts and other instruments necessary or convenient to the exercise of5
its authority under this Chapter; and to disseminate slum clearance and community6
improvement information.7
(2) To provide or to arrange or contract for the furnishing or repair by any8
person or agency, public or private, of services, privileges, works, streets, roads,9
public utilities, or other facilities for or in connection with a community10
improvement project, to install, construct, and reconstruct streets, utilities, parks,11
playgrounds, and other public improvements; and to agree to and fulfill any12
conditions that it may deem reasonable and appropriate attached to federal financial13
assistance and imposed pursuant to federal law in the undertaking or carrying out of14
a community improvement project and related activities; and to include in any15
contract let in connection with such a project and related activities, provisions to16
fulfill such of said conditions as it may deem reasonable and appropriate.17
(3) Within the municipality, to acquire by purchase, lease, option, gift, grant,18
bequest, device, expropriation, or otherwise any real property (or personal property19
for its administrative purposes) together with any improvements thereon; to hold,20
improve, clear, or prepare for redevelopment of any such property; to mortgage,21
pledge, or otherwise encumber or dispose of any real property; to insure or provide22
for the insurance of any real or personal property or operations of the municipality23
against any risks or hazards, including the power to pay premiums on any such24
insurance; and to enter into any contracts necessary to effectuate the purpose of this25
Chapter; however, no statutory provision with respect to the clearance or disposition26
of property by public bodies shall restrict the municipal governing authority27
exercising powers thereunder, in the exercise of such functions with respect to a28 HLS 10RS-706 ENGROSSED
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community improvement project and related activities, unless the legislature shall1
specifically so state.2
(4) After a public hearing as provided in R.S. 33:4720.205(C) prior to3
approval of a community improvement plan, or approval of any modification of the4
plan, to acquire real property in a community improvement area, demolish and5
remove any structures on the property, and pay all costs related to the acquisition,6
demolition, or removal, including any administrative or relocation expenses; and to7
agree to assume the responsibility to bear any loss that may arise as the result of the8
exercise of authority under this Paragraph in the event that the real property is not9
made a part of the community improvement plan or project.10
(5) To invest any community improvement funds held in reserve or sinking11
funds, or in any such funds not required for immediate disbursement, in property or12
securities in which public bodies may legally invest funds subject to their control.13
(6) To borrow money and to apply for and accept advances, loans, grants,14
contributions, and any other form of assistance from the federal government, the15
state, or other public bodies, or from any sources, public or private, for the purposes16
of this Chapter, and to give such security as may be required and to enter into and17
carry out contracts or agreements in connection therewith; and to include in any18
contract for financial assistance with the federal government for or with respect to19
a community improvement project and related activities such conditions imposed20
pursuant to federal laws as the municipal governing authority may deem reasonable21
and appropriate and which are not inconsistent with the purposes of this Chapter.22
(7) Within the municipality, to make or have made all surveys and plans23
necessary to the carrying out of the purposes of this Chapter and to contract with any24
person, public or private, in the making and carrying out of such plans and to adopt25
or approve, modify, and amend such plans, which plans may include but are not26
limited to:27
(a) Plans for carrying out a program of voluntary or compulsory repair or28
rehabilitation of buildings and improvements.29 HLS 10RS-706 ENGROSSED
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(b) Plans for the enforcement of state and local laws, codes, and regulations1
relating to the use of land and the use and occupancy of buildings and improvements2
and for the compulsory repair, rehabilitation, demolition, or removal of buildings and3
improvements.4
(c) Appraisals, title searches, surveys, studies, and other plans and work5
necessary to prepare for the undertaking of community improvement projects and6
related activities.7
(8) To develop, test, and report methods and techniques, and carry out8
demonstrations and other activities within the municipality, for the prevention and9
the elimination of slums and blight and developing and demonstrating new or10
improved means of providing housing for families and persons of low income and11
to apply for, accept, and utilize grants of funds from the federal government for such12
purposes.13
(9) To prepare plans for and assist in the relocation of persons, including14
individuals, families, business concerns, nonprofit organizations, and others,15
displaced from a community improvement area and to make relocation payments to16
or with respect to such persons for moving and readjustment expenses and losses of17
property for which reimbursement or compensation is not otherwise made, including18
the making of such payments financed by the federal government; however, no19
person shall be required to vacate premises from which he is being displaced until20
the municipal governing authority has demonstrated the availability of reasonably21
suitable relocation resources.22
(10) To provide, wherever feasible, a preference to such displaced persons,23
consistent with their status at the time of displacement, including but not limited to24
a homeowner, tenant, or operator of a business, to return to a community25
improvement area after its redevelopment, improvement, repair, or rehabilitation and26
to make payment or reimbursement of reasonable actual costs incurred as a result of27
utility relocations when such relocations are made necessary in a redevelopment28 HLS 10RS-706 ENGROSSED
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area, after making appropriate adjustment for any improvements or betterments to1
the utility's facilities made in connection with the relocation.2
(11) To receive and expend such funds as may be necessary to carry out the3
purposes of this Chapter, and to apply for, accept, and utilize loans, advances, or4
grants of funds from the federal government or other sources for any of the purposes5
of this Chapter.6
(12) To exercise all or any part or combination of powers granted to it in this7
Chapter.8
§4720.205. Preparation and adoption of community improvement plan9
A. The municipal governing authority shall not institute a community10
improvement plan for any area unless it has, after advice thereon by the Monroe-11
Ouachita Regional Planning Commission, referred to in this Chapter as "Planning12
and Zoning", by resolution, determined such area to be a slum or a blighted area or13
a combination thereof and designated such area as appropriate for a community14
improvement project.15
B. The municipal governing authority may prepare or cause to be prepared16
a community improvement plan and is hereby authorized, in connection therewith,17
to apply for and receive planning advances from the federal government or other18
bodies. Prior to adoption of the community improvement plan, the municipal19
governing authority shall hold at least one public information meeting for the20
residents and property owners of the affected neighborhood to be called after proper21
notice given ten days prior to the date thereof in a newspaper of general circulation22
in the municipality. Prior to its approval of a community improvement plan, the23
municipal governing authority shall submit such plan to Planning and Zoning for24
review and recommendation as to its conformity with the general plan for the25
development of the municipality as a whole. Planning and Zoning shall submit its26
written recommendations with respect to the proposed community improvement plan27
to the municipal governing authority within forty-five days after receipt of the plan28
for review. Upon receipt of the approval, disapproval, or recommendations of29 HLS 10RS-706 ENGROSSED
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Planning and Zoning, or if no approval, disapproval, or recommendations are1
received within the said forty-five days, then the municipal governing authority may2
proceed with the hearing on the proposed community improvement plan described3
in Subsection C of this Section.4
C.(1) The municipal governing authority shall hold a public hearing on the5
community improvement plan after notice thereof has been mailed to or deposited6
at every place of residence and commercial establishment within said area and after7
public notice has been published at least fourteen days prior to the hearing in a8
newspaper having a general circulation in the municipality. The notice shall include9
the time, date, place, and purpose of the hearing, shall generally identify the area10
covered by the plan, and shall outline the general scope of the project under11
consideration. Failure by anyone to receive such notice shall not invalidate approval12
of the plan.13
(2) At the hearing, the municipal governing authority shall afford all14
interested persons and agencies an opportunity to be heard and shall receive, make15
known, and consider written recommendations regarding the community16
improvement plan.17
(3) The municipal governing authority shall approve, reject, make18
recommendations for changes, or modify the community improvement plan as19
submitted. The governing authority shall not approve a community improvement20
plan unless it is satisfied that adequate provisions will be made to rehouse displaced21
families, if any, without undue hardship.22
D. Subject to the provisions of Subsection C of this Section, a community23
improvement plan may be modified at any time, but if it is modified after the lease24
or sale by the municipal governing authority of real property in the redevelopment25
area, such modification shall be subject to such rights as a lessee or purchaser or his26
successor or successors in interest may be entitled to assert; however, no public27
hearing shall be required if the municipal governing authority determines by28
resolution that the modification is minor in nature.29 HLS 10RS-706 ENGROSSED
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E. Notwithstanding any other provisions of this Chapter, whenever the1
municipal governing authority has certified that an area is in need of redevelopment2
or rehabilitation as a result of an act of God, fire, bombing, riot, or other catastrophe,3
it may approve a community improvement plan or project with respect to such area4
without regard to the provisions of Subsections B and C of this Section.5
§4720.206. Acquisition of real property in community improvement area6
A. Subject to the requirements of R.S. 33:4720.205, and except as provided7
in R.S. 33:4720.204(4), the municipal governing authority may acquire by purchase,8
lease, option, gift, grant, bequest, or device, or by the exercise of the power of9
expropriation, any real property, or interest therein which it may deem necessary for10
or in connection with a community improvement plan or project under this Chapter.11
B. The municipal governing authority may exercise the power of12
expropriation in the manner provided in the Civil Code relative to the transfer of13
property and the laws supplementary or amendatory thereto, or it may exercise the14
power of expropriation in the manner provided by law for the exercise of the power15
of expropriation. Property already devoted to a public use may be purchased in a16
like manner, but no real property belonging to the United States, the state of17
Louisiana, or any political subdivision of the state may be acquired without the18
consent of the political body owning such property.19
C. In any proceeding to fix or assess compensation for damages for the20
purchase of property, or any interest therein, through the exercise of expropriation,21
evidence, or testimony bearing upon the following matters shall be admissible and22
shall be considered in fixing such compensation or damages in addition to evidence23
or testimony otherwise admissible:24
(1) The institution of any legal or administrative proceedings with respect25
to any use, condition, occupancy, or operation of such property which is unlawful or26
violative of, or subject to elimination, abatement, prohibition, or correction under27
any law or ordinance or regulatory measure of the state, parish, municipality, or other28
political subdivision, or any agency thereof, in which such property is located, as29 HLS 10RS-706 ENGROSSED
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being unsafe, substandard, unsanitary, or otherwise contrary to the public health,1
safety, or welfare.2
(2) The effect on the value of such property, of any such use, condition,3
occupancy, or operation, or of the elimination, abatement, prohibition, or correction4
of any such use, condition, or operation.5
(3) Testimony or evidence that any public body or public officer charged6
with the duty or authority so to do has rendered, made, or issued any judgment,7
decree, determination, or order for the abatement, prohibition, elimination, or8
correction of any such use, condition, occupancy, or operation shall be admissible9
and shall be prima facie evidence of the existence and character of such use,10
condition, or operation.11
§4720.207. Blighted property removal12
A. Notwithstanding any other provision of this Chapter, the city of Monroe13
shall have the power to acquire by purchase, gift, bequest, expropriation, negotiation,14
or otherwise any blighted property as defined in this Section, either within or outside15
a designated community improvement area and, further, to hold, clear, manage, and16
dispose of said property, all in accordance with the procedures set forth in this17
Section, which procedures shall be exclusive for the acquisition of individual18
blighted property by the municipal governing authority but shall not affect any other19
authority of the municipal governing authority for acquisition of blighted property.20
B. For the purposes of this Section, "blighted property" shall include those21
commercial or residential premises, including lots, which have been declared vacant,22
uninhabitable, and hazardous by Planning and Zoning. In determining whether any23
premises are vacant, uninhabitable, and hazardous, Planning and Zoning shall24
consider any or all of the following:25
(1) Any premises which because of physical condition are considered26
hazardous to persons or property.27
(2) Any premises declared to be a public nuisance.28
(3) Any premises declared to be a fire hazard.29 HLS 10RS-706 ENGROSSED
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(4) Any premises declared to be vermin-infested.1
(5) Any premises declared to be lacking in facilities or equipment required2
by local ordinances.3
C. The municipal governing authority shall not acquire any blighted property4
by expropriation unless Planning and Zoning has held an administrative hearing on5
the question and has resolved such property to be blighted and has authorized the6
acquisition of such property by the municipal governing authority.7
D. The procedure for certification of blighted properties shall be as follows:8
(1) Any parochial entity responsible for inspecting property and enforcing9
health, housing, fire, historic district, and environmental codes, or any other entity10
designated by the municipal governing authority shall submit to Planning and Zoning11
a list of those properties which are determined to be vacant, uninhabitable, and12
hazardous and which otherwise meet the criteria set forth in Subsection B of this13
Section for the determination of blight.14
(2) Planning and Zoning shall place each listed property on the15
administrative hearing docket and notify each property owner and any mortgagee16
listed in the mortgage records of the scheduled hearing by registered or certified mail17
at the address of the property owner as listed in the assessor's office of the parish of18
Ouachita, or in the case of a mortgagee, as listed in the mortgage recorded in the19
mortgage records of the parish. If the notice is returned as undeliverable or as not20
accepted, notice shall be given in the official journal of the city of Monroe. The21
notice shall include the property owner's name, the property's street address, and the22
date, time, and place of the hearing. The notice shall also state that the purpose of23
the hearing is to determine whether the property is blighted and eligible for24
expropriation by the municipal governing authority. Notice by mail or publication25
shall be accomplished at least thirty days prior to the date of such hearing.26
(3) On the date of the hearing, interested parties may present testimony27
before Planning and Zoning concerning the properties under consideration. After28
hearing all of the information and evidence presented, Planning and Zoning shall29 HLS 10RS-706 ENGROSSED
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certify by order those properties which are determined to be blighted and shall1
authorize the municipal governing authority to acquire said properties if the2
municipal governing authority finds that such acquisition is necessary and feasible.3
E.(1) Upon receipt of authorization to acquire, the municipal governing4
authority shall begin immediately to procure purchasers for any properties acquired5
pursuant to this Section in order to facilitate the immediate transfer and development6
thereof.7
(2) Expropriation pursuant to this Section shall confer title to the property8
conveyed in the deed of sale free of all mortgages, liens, privileges, taxes, and9
encumbrances, provided that notice of such expropriation shall be sent at least thirty10
days prior to commencement of such expropriation proceedings by registered or11
certified mail, return receipt requested, or by personal service to all parties who have12
a legally protected property interest in such property including a mortgagee, and13
provided that such interest holder fails to respond to such notice prior to14
commencement of expropriation proceedings. The proceeds from the expropriation15
of property pursuant to this Section shall be credited and applied against the most16
recent taxes, mortgages, and liens imposed pursuant to R.S. 33:1236, and paving and17
other local improvement assessments due on the property, and any funds remaining18
after full payment of all taxes, mortgages, liens, and assessments shall be distributed19
to creditors in accordance with the priorities of distribution set forth in Article 237720
of the Code of Civil Procedure. Any taxes, charges imposed pursuant to R.S.21
33:1236, and paving or other local improvement assessments remaining past due and22
unpaid after the application of the expropriation proceeds shall remain the23
responsibility of the previous owner of the property.24
(3) Prior to acquisition of any properties declared blighted and in accordance25
with procedures established by the municipal governing authority, it shall offer26
technical or financial assistance as may be available for rehabilitation to the property27
owner.28 HLS 10RS-706 ENGROSSED
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(4) Except to the extent of any conflict with the provisions of this Section,1
property disposed of within a community improvement area shall be disposed of2
under a redevelopment contract in accordance with the provisions of R.S.3
33:4720.208. Property disposed of outside a community improvement area shall be4
disposed of by deed in accordance with the provisions set forth in applicable law.5
F. The municipal governing authority may receive and utilize any federal,6
state, local, or other funds as may be appropriated or otherwise made available in7
order to effectuate the purposes of this Section.8
§4720.208. Disposition of property in community improvement area9
A.(1) The municipal governing authority may sell, lease, or otherwise10
transfer real property or any interest therein acquired by it in community11
improvement areas for residential, recreational, commercial, industrial, or other uses12
or for public use, in accordance with the community improvement plan, subject to13
such covenants, conditions, and restrictions, including covenants running with the14
land, as it may deem to be necessary or desirable to assist in preventing the15
development or spread of future slums or blighted areas or to otherwise carry out the16
purposes of this Chapter.17
(2) The purchasers or lessees and their successors and assigns shall be18
obligated to devote such real property only to the uses specified in the community19
improvement plan and shall be obligated to comply with such other requirements as20
the municipal governing authority may determine to be in the public interest,21
including the obligation to begin within a reasonable time any improvements on such22
real property required by the community improvement plan.23
(3) Such real property or interest shall be sold, leased, or otherwise24
transferred at not less than its fair market value for uses in accordance with the25
community improvement plan. In determining the fair market value of real property26
for uses in accordance with the community improvement plan, the municipal27
governing authority shall take into account and give consideration to the use28
provided in such plan, the restrictions upon and the covenants, conditions, and29 HLS 10RS-706 ENGROSSED
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obligations assumed by the purchaser or lessee, and the objectives of such plan for1
the prevention of the recurrence of slum or blighted areas.2
B. The municipal governing authority, in any instrument of conveyance to3
a private purchaser or lessee, may provide that such purchaser or lessee shall be4
without power to sell, lease, or otherwise transfer the real property without the prior5
written consent of the municipal governing authority until he has completed the6
construction of any and all improvements which he has obligated himself to7
construct thereon.8
C. Real property acquired in accordance with the provisions of the9
community improvement plan shall be transferred as rapidly as feasible in the public10
interest consistent with the carrying out of the provisions of the project plan. Such11
plan and any substantial modification of such plan shall be filed as a public record12
in the office of the clerk of court and recorder of mortgages of the parish of Ouachita13
and any conveyanc e, encumbrances, or other contracts may incorporate the14
provisions thereof by reference which shall afford notice thereof to all parties.15
D. The municipal governing authority may dispose of real property in a16
community improvement area to private persons only under such reasonable17
competitive bidding procedures as it shall prescribe subject to the provisions of this18
Subsection.19
(1) The municipal governing authority shall provide public notice, by20
publication twice in ten days in a newspaper having a general circulation in the21
municipality not later than thirty days prior to the execution of any contract to sell,22
lease, or otherwise transfer real property and prior to the delivery of any instrument23
of conveyance with respect thereto under the provisions of this Section, invite24
proposals from, and make available all pertinent information to, private redevelopers25
or any persons interested in undertaking to redevelop or rehabilitate a community26
improvement area or any part thereof.27
(2) Such notice shall identify the area or portion thereof and shall state that28
proposals shall be made by those in interest within thirty days after publication of29 HLS 10RS-706 ENGROSSED
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said notice and that such further information as is available may be obtained at such1
office as shall be designated in said notice.2
(3) The municipal governing authority shall consider all such redevelopment3
or rehabilitation proposals and the financial and legal ability of the persons making4
such proposals to carry them out and may negotiate with any persons for proposals5
for the purchase, lease, or other transfer of any real property acquired by the6
municipal governing authority in the community improvement area.7
(4) The municipal governing authority may accept such proposal as it deems8
to be in the public interest and in furtherance of the purposes of this Chapter; it shall9
adopt such proposal by local ordinance not less than thirty days prior to any such10
acceptance. Such proposal shall be a public record and shall include:11
(a) The name of the redeveloper or purchaser, together with the names of its12
officers and principal members or shareholders and investors and other interested13
parties.14
(b) The redeveloper's estimate of the cost of any residential development and15
rehabilitation.16
(c) The redeveloper's estimate of rentals and sales prices of any proposed17
housing involved in such redevelopment and rehabilitation.18
(5) Thereafter, the municipal governing authority may execute such contract19
in accordance with the provisions of this Section and deliver acts of sale, leases, and20
other instruments and take all steps necessary to effectuate such contract. The21
competitive bidding procedures provided for by this Subsection shall not apply to22
disposition of property to public bodies or institutions.23
E. The municipal governing authority may temporarily operate, maintain, or24
lease real property acquired by it in a community improvement area for or in25
connection with a community improvement project pending disposition of the26
property as authorized in this Chapter without regard to the provisions of this Section27
for such uses and purposes as may be deemed desirable even though not in28
connection with the community improvement plan.29 HLS 10RS-706 ENGROSSED
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F. Real property acquired in accordance with a community improvement1
plan may be disposed of to a public body for public reuse or to an institution without2
regard to the provisions of this Section.3
§4720.209. Definitions4
The following terms whenever used or referred to in this Chapter shall have5
the following meaning unless a different meaning is clearly indicated in the context:6
(1) "Blighted area" means an area which by reason of the presence of a7
substantial number of slum, deteriorated or deteriorating structures, predominance8
of defective or inadequate street layout, faulty lot layout in relation to size, adequacy,9
accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or10
other improvements, diversity of ownership, tax or special assessment delinquency11
exceeding the fair value of the land, defective or unusual conditions of title, or the12
existence of conditions which endanger life or property by fire and other causes, or13
any combination of such factors, substantially impairs or arrests the sound growth14
of the municipality, retards the provision of housing accommodations or constitutes15
an economic or social liability and is a menace to the public health, safety, morals,16
or welfare in its present condition and use; but if the area consists of any disaster17
area referred to in R.S. 33:4720.205(E), it shall constitute a "blighted area".18
(2) "Community improvement area" means a slum area or a blighted area or19
a combination thereof which the municipal governing authority designates as20
appropriate for a community improvement project.21
(3) "Community improvement plan" means a general plan for a community22
improvement project, which plan shall conform to the general plan for the23
municipality as a whole except as provided in R.S. 33:4720.205(E) and shall24
delineate the community improvement area affected thereby. It shall be sufficient25
for the plan, for each community improvement area, to contain a general description26
of those matters proposed to be carried out in the community improvement area, such27
as any or all of the following: land acquisitions, demolition and removal of28
structures, redevelopment, improvements, rehabilitation, zoning and planning29 HLS 10RS-706 ENGROSSED
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changes, if any, land uses, population densities, or building requirements. Detailed,1
particularized proposals for the implementation of all or any portion of a community2
improvement plan shall be deemed modification of the plan, within the meaning of3
R.S. 33:4720.205(D).4
(4) "Community improvement project" means undertakings and activities for5
the elimination and prevention of the development or spread of slums and blight and6
may involve slum clearance and redevelopment in a community improvement area,7
or rehabilitation or conservation in a community improvement area, or a program of8
code enforcement in a community improvement area, and may include open land9
which, because of its location or situation, or both, is necessary for sound community10
growth which is to be developed by replatting and planning, or any combination or11
part thereof in accordance with a community improvement plan. Such undertakings12
and activities may include:13
(a) Acquisition of a slum or blighted area or portion thereof.14
(b) Demolition and removal of buildings and improvements.15
(c) Installation, construction, or reconstruction of streets, utilities, parks,16
playgrounds, and other improvements necessary for carrying out in the community17
improvement area the redevelopment objectives of this Chapter in accordance with18
the community improvement plan.19
(d) Disposition of any property acquired in the community improvement20
area, including sale, initial leasing, or retention by the agency itself, at its fair market21
value for uses in accordance with the community improvement plan.22
(e) Carrying out plans for a program of code enforcement and a program of23
voluntary or compulsory repair and rehabilitation of buildings or other improvements24
in accordance with the community improvement plan.25
(f) Acquisition of real property in the community improvement area which,26
under the community improvement plan, is to be repaired or rehabilitated for27
dwelling use or related facilities, repair or rehabilitation of the structures, and resale28
of the property.29 HLS 10RS-706 ENGROSSED
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(g) Acquisition of any other real property in the community improvement1
area where necessary to eliminate unhealthful, unsanitary, or unsafe conditions,2
lessen density, eliminate obsolete or other uses detrimental to the public welfare, or3
otherwise to remove or prevent the spread of blight or deterioration, or to provide4
land for needed public or quasi public facilities.5
(h) Acquisition, without regard to any requirement that the area be a slum6
or blighted area, of air rights in an area consisting principally of land in highways,7
railway or subway tracks, bridges, drainage canals, waterways, levees, wharves,8
warehouses, docks, tunnel entrances, or other similar facilities which have a9
blighting influence on the surrounding area and over which air rights sites are to be10
developed for the elimination of such blighting influences and for the provision of11
improvements and related facilities and uses set forth in the community improvement12
plan.13
(i) Construction of foundations and platforms necessary for the provision of14
air rights sites for improvements and related facilities and uses set forth in the15
community improvement plan.16
(j) The preservation of historic structures or locations within a project area17
by removing deleterious surroundings.18
(k) Relocating within the project area a structure which the municipal19
governing authority determines to be of historic value and which will be disposed of20
to a public body or private nonprofit organization which will renovate and maintain21
such structure for historic purposes.22
(5) "Families of low income" means those families or persons, as defined in23
R.S. 40:384, whose income is less than the amount determined by the Monroe City24
Council to be necessary to enable them without financial assistance to live in decent,25
safe, and sanitary dwellings without overcrowding.26
(6) "Federal government" means a department, agency, or instrumentality,27
corporate or otherwise, of the United States of America.28 HLS 10RS-706 ENGROSSED
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are additions.
(7) "Fire hazard" shall mean anything or any act which increases or may1
cause an increase of the hazard or menace of fire to a greater degree than that2
customarily recognized as normal.3
(8) "Infestation" shall mean the presence within or around a dwelling of4
large numbers of insects, rodents, or other pests to the extent that they may be5
reasonably calculated to cause harm to a person or to the structure.6
(9) "Nuisance" shall mean whatever is dangerous or potentially dangerous7
to human life or detrimental or potentially detrimental to health, including but not8
limited to any of the following:9
(a) Any condition or use of any land, building, or dwelling or any operation10
thereon or therein that causes or may cause a person of ordinary curiosity to desire11
to examine such condition, use, or operation and that is reasonably calculated to12
cause harm to such person, whether the condition, use, or operation is located in a13
building, on the premises of a building, or on a vacant lot. This Paragraph includes,14
without limitation, any abandoned wells, shafts, basements, or excavations,15
abandoned refrigerators or motor vehicles, structurally unsound fences or other16
structures, or any lumber, trash, fence, debris, or vegetation reasonably calculated17
to be a hazard for inquisitive persons.18
(b) Insufficient ventilation or illumination.19
(c) Inadequate or unsanitary sewerage or plumbing facilities.20
(d) Uncleanliness, as determined by the director of Planning and Zoning.21
(e) Whatever renders air, food, or drink unwholesome or detrimental to the22
health of human beings as determined by the director of Planning and Zoning.23
(f) A dwelling, building, or structure or the use thereof that is dangerous or24
potentially dangerous to the physical health or safety of an occupant or other person25
or to the general welfare.26
(g) Scrap lumber, junk, trash, debris, glass, or used building material.27
(h) Abandoned, discarded, or unused objects of equipment, such as28
automobiles, furniture, stoves, refrigerators, freezers, cans, or containers.29 HLS 10RS-706 ENGROSSED
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(10) "Person" means any individual, firm, partnership, corporation,1
company, association, joint stock association, or body politic and shall include any2
trustee, receiver, assignee, or other person acting in a similar representative capacity.3
(11) "Public body" means the state and any parish or municipality and any4
board, commission, authority, agency, district, subdivision or department, agency,5
instrumentality, corporate or otherwise, of the foregoing.6
(12) "Real property" means all lands, including improvements and fixtures7
thereon, and property of any nature appurtenant thereto or used in connection8
therewith, and every estate, interest, right or use, legal or equitable, therein,9
including terms for years and liens by way of judgment, mortgage, or otherwise.10
(13) "Related activities" means planning work for the preparation of a11
general neighborhood renewal plan or for the preparation or completion of a12
communitywide plan or program and the functions related to the acquisition and13
demolition of real property pursuant to R.S. 33:4720.204(4).14
(14) "Slum area" means an area in which there is a predominance of15
buildings or improvements, whether residential or nonresidential, which by reason16
of dilapidation, deterioration, age or obsolescence, inadequate provision for17
ventilation, light, air, sanitation, or open space, high density of population and18
overcrowding, or the existence of conditions which endanger life or property by fire19
and other causes, or an area of open land which, because of its location or situation,20
or both, is necessary for sound community growth, by replatting and planning and21
development, or any combination of such factors is conducive to ill health,22
transmission of disease, infant mortality, juvenile delinquency, or crime, and is23
detrimental to the public health, safety, morals, or welfare.24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 10RS-706 ENGROSSED
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Rosalind Jones HB No. 1080
Abstract: Authorizes the city of Monroe to acquire and dispose of blighted property and
to provide for the redevelopment of such property.
Proposed law contains findings of fact and legislative determination that there exists in the
city of Monroe, La., areas which have become slum and blighted because of unsafe,
unsanitary, inadequate, or overcrowded condition of structures, or because of inadequate
planning of the area, or because of physically or functionally obsolete structures, or both, or
because of excessive dwelling unit density, or because of the lack of proper light and air and
open space, or because of faulty street or lot design, or inadequate public utilities or
community services, or because of the conversion to incompatible types of land usage.
Proposed law also declares that prevention and elimination of slums and blight areas and
their causes is a matter of public policy and concern and that salvage and renewal of such
areas, in accordance with sound and approved plans for their redevelopment, will promote
the public health, safety, morals, and welfare. Declares further that although certain such
areas or portions thereof may be susceptible to conservation or rehabilitation by voluntary
action and through existing regulatory processes, in certain areas blight and slum conditions
are beyond remedy or reasonable control through regulatory processes and cannot be
effectively dealt with under existing law without additional aids, including the exercise of
the power of expropriation.
Proposed law authorizes the city of Monroe, for purposes of proposed law, to formulate a
workable program for community improvement for utilizing appropriate private and public
resources to eliminate and prevent the development or spread of slums and blight, to
encourage needed rehabilitation, and to provide for the redevelopment of slum or blighted
areas, or to undertake other feasible parochial activities as may be suitably employed to
achieve the objectives of such workable program.
Proposed law provides that the Monroe City Council to the greatest extent it determines to
be feasible in carrying out the provisions of proposed law shall afford maximum opportunity,
consistent with the sound needs of the city as a whole, to the rehabilitation or redevelopment
of the community improvement area by private enterprise.
Proposed law provides that the municipal governing authority has all the authority and
power necessary or convenient to carry out and effectuate the purposes and provisions of
proposed law, including but not limited to:
(1)To undertake and carry out community improvement projects and related activities
in accordance with the municipality’s comprehensive plan.
(2)To provide or to arrange or contract for the furnishing or repair by any person or
agency, public or private, of services, privileges, works, streets, roads, public
utilities, or other facilities for or in connection with a community improvement
projects to install, construct, and reconstruct streets, utilities, parks, playgrounds, and
other public improvements.
(3)To acquire by purchase, lease, option, gift, grant, bequest, device, expropriation, or
otherwise any real property (or personal property for its administrative purposes)
together with any improvements thereon; to hold, improve, clear, or prepare for HLS 10RS-706 ENGROSSED
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are additions.
redevelopment of any such property; to mortgage, pledge, or otherwise encumber or
dispose of any real property; to insure or provide for the insurance of any real or
personal property or operations of the municipality against any risks or hazards,
including the power to pay premiums on any such insurance; and to enter into any
contracts necessary to effectuate the purpose of proposed law.
(4)After a public hearing as provided in proposed law prior to approval of a community
improvement plan, or approval of any modification of the plan, to acquire real
property in a community improvement area, demolish and remove any structures on
the property, and pay all costs related to the acquisition, demolition, or removal,
including any administrative or relocation expenses; and to agree to assume
responsibility for any loss from the exercise of this power if the real property is not
made a part of the community improvement plan or project.
(5)To invest any community improvement funds held in reserve or sinking funds or in
any such funds not required for immediate disbursement, in property or securities in
which public bodies may legally invest funds subject to their control.
(6)To borrow money and to apply for and accept advances, loans, grants, contributions,
and any other form of assistance from the federal government, the state, or other
public bodies, or from any sources, public or private, for the purposes of proposed
law, and to give such security as may be required and to enter into and carry out
contracts or agreements in connection therewith.
(7)To make or have made all surveys and plans necessary to the carrying out of the
purposes of proposed law and to contract with any person, public or private, in the
making and carrying out of such plans and to adopt or approve, modify, and amend
such plans. Plans may include: a program of voluntary or compulsory repair or
rehabilitation; enforcement of laws, codes, and regulations relating to use of land,
buildings, and improvements and for compulsory repair, rehabilitation, demolition,
or removal of buildings and improvements; and appraisals, studies, plans, and work
necessary to prepare to undertake community improvement projects.
(8)To develop, test, and report methods and techniques, and carry out demonstrations
and other activities within the municipality, for the prevention and the elimination
of slums and blight.
(9)To prepare plans for and assist in the relocation of persons, including individuals,
families, business concerns, nonprofit organizations, and others, displaced from a
community improvement area and to make relocation payments. Prohibits requiring
vacating of premises until reasonable relocation resources are demonstrated.
(10)To provide, wherever feasible, a preference to such displaced persons, consistent
with their status at the time of displacement, including but not limited to a
homeowner, tenant, or operator of a business, to return to a community improvement
area after its redevelopment, improvement, repair, or rehabilitation.
(11)To receive and expend such funds as may be necessary to carry out the purposes of
proposed law, to apply for, accept, and utilize loans, advances, or grants of funds
from the federal government or other sources for any of the purposes of proposed
law.
(12)To exercise all or any part or combination of powers granted to it in proposed law.
Proposed law provides for the preparation and adoption of a community
improvement plan by the municipal governing authority to address slum and blighted
areas. Provides that such plan shall not be instituted unless the municipal governing
authority has, by resolution, on the advice of the Monroe-Ouachita Regional
Planning Commission, determined such area to be a slum or a blighted area or a HLS 10RS-706 ENGROSSED
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combination thereof and designated such area as appropriate for a community
improvement project. Provides procedures for notice and hearings. Provides for
plan modifications.
Proposed law provides that the municipal governing authority shall have the power to
acquire by purchase, gift, bequest, expropriation, negotiation, or otherwise any blighted
property as defined in proposed law either within or outside a designated community
improvement area and, further, to hold, clear, manage, and dispose of said property, all in
accordance with the procedures set forth in proposed law which procedures shall be
exclusive for the acquisition of individual blighted property by the municipal governing
authority. Provides for disposition of such property. Provides for disposition by deed of
property outside a community improvement area. Provides for disposition within such an
area in accordance with the community improvement plan for not less than fair market value
taking into consideration obligations associated in order to carry out the plan.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:4720.201-4720.209)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill.
1. Added a requirement that the Monroe-Ouachita Regional Planning Commission
notify any mortgagee of property to be deemed blighted. Added a requirement
that any such mortgagee be notified at the address listed in the parish mortgage
records.
2. Added a requirement that mortgagees be notified prior to the commencement of
expropriation proceedings. Added a provision that expropriation shall convey
title to property free of encumbrances only if persons holding a legally protected
interest in the property fail to respond to notice prior to the commencement of
the expropriation proceedings.
3. Removed provision authorizing delivery of notice of expropriation proceedings
by means other than registered mail or personal service.