WES MOORE, Governor Ch. 209
– 1 –
Chapter 209
(House Bill 825)
AN ACT concerning
Town of Forest Heights (Prince George’s County) – Urban Renewal Authority
for Blight Clearance
PG 410–23
FOR the purpose of granting the Town of Forest Heights in Prince George’s County the
authority to exercise urban renewal powers in areas zoned for commercial or
residential use for blight clearance and redevelopment under Article III, Section 61
of the Maryland Constitution; authorizing the municipality to levy certain taxes and
issue general obligation bonds and revenue bonds to carry out urban renewal powers;
and generally relating to urban renewal authority for blight clearance for the Town
of Forest Heights in Prince George’s County.
BY adding to
Chapter 33 – Charter of the Town of Forest Heights
Section A1–101 through A1–114 to be under the new heading “Appendix I – Urban
Renewal Authority for Blight Clearance”
Public Local Laws of Maryland – Compilation of Municipal Charters
(2015 Replacement Edition and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Chapter 33 – Charter of the Town of Forest Heights
APPENDIX I – URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE
A1–101. DEFINITIONS.
(A) IN THIS APPENDIX THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “BLIGHTED AREA ” MEANS AN AREA OR SIN GLE PROPERTY IN WHIC H
THE BUILDING OR BUIL DINGS HAVE DECLINED IN PRODUCTIVI TY BY REASON OF
OBSOLESCENCE , DEPRECIATION , OR OTHER CAUSES TO A N EXTENT THAT THEY N O
LONGER JUSTIFY FUNDA MENTAL REPAIRS AND A DEQUATE MAINTENANCE .
(C) “BONDS” MEANS ANY BONDS (INCLUDING REFUNDING BONDS), NOTES,
INTERIM CERTIFICATES , CERTIFICATES OF INDE BTEDNESS, DEBENTURES , OR
OTHER OBLIGATIONS . Ch. 209 2023 LAWS OF MARYLAND
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(D) “FEDERAL GOVERNMENT ” MEANS THE UNITED STATES OF AMERICA OR
ANY AGENCY OR INSTRU MENTALITY, CORPORATE OR OTHERWI SE, OF THE UNITED
STATES OF AMERICA.
(E) “MUNICIPALITY” MEANS THE TOWN OF FOREST HEIGHTS, MARYLAND.
(F) “PERSON” MEANS ANY INDIVIDUAL , FIRM, PARTNERSHIP ,
CORPORATION , COMPANY, ASSOCIATION, JOINT STOCK ASSOCIAT ION, OR BODY
POLITIC. IT INCLUDES ANY TRUST EE, RECEIVER, ASSIGNEE, OR OTHER PERSON
ACTING IN SIMILAR RE PRESENTATIVE CAPACIT Y.
(G) “URBAN RENEWAL AREA ” MEANS A BLIGHTED ARE A WHICH THE
MUNICIPALITY DESIGNA TES AS APPROPRIATE F OR AN URBAN RENEWAL PROJECT.
(H) “URBAN RENEWAL PLAN ” MEANS A PLAN , AS IT EXISTS FROM TI ME TO
TIME, FOR AN URBAN RENEWAL PROJECT. THE PLAN SHALL BE SUF FICIENTLY
COMPLET E TO INDICATE ANY LA ND ACQUISITION , DEMOLITION, AND REMOVAL OF
STRUCTURES , REDEVELOPMENT , IMPROVEMENTS , AND REHABILITATION A S MAY BE
PROPOSED TO BE CARRI ED OUT IN THE URBAN RENEWAL AREA , ZONING AND
PLANNING CHANGES , IF ANY, LAND USES, MAXIMUM DENSITY , AND BUILDING
REQUIREMENTS .
(I) “URBAN RENEWAL PROJECT ” MEANS UNDERTAKINGS A ND ACTIVITIES
OF A MUNICIPALITY IN AN URBAN RENEWAL ARE A FOR THE ELIMINATIO N AND FOR
THE PREVENTION OF TH E DEVELOPMENT OR SPR EAD OF BLIGHT, AND MAY INVOLVE
CLEARANCE AND REDEVE LOPMENT IN AN URBAN RENEWAL AREA, OR
REHABILITATION OR CO NSERVATION IN AN URB AN RENEWAL AREA , OR ANY
COMBINATION OR PART OF THEM IN ACCORDANC E WITH AN URBAN RENE WAL PLAN.
THESE UNDERTAKINGS AN D ACTIVITIES MAY INC LUDE:
(1) ACQUISITION OF A BLIG HTED AREA OR PORT ION OF THE
BLIGHTED AREA ;
(2) DEMOLITION AND REMOVA L OF BUILDINGS AND I MPROVEMENTS ;
(3) INSTALLATION , CONSTRUCTION OR RECO NSTRUCTION OF
STREETS, UTILITIES, PARKS, PLAYGROUNDS , AND OTHER IMPROVEMEN TS
NECESSARY FOR CARRYI NG OUT THE URBAN REN EWAL OBJECT IVES OF THIS
APPENDIX IN ACCORDAN CE WITH THE URBAN RE NEWAL PLAN;
(4) DISPOSITION OF ANY PR OPERTY ACQUIRED IN T HE URBAN
RENEWAL AREA , INCLUDING SALE , INITIAL LEASING , OR RETENTION BY THE WES MOORE, Governor Ch. 209
– 3 –
MUNICIPALITY ITSELF , AT ITS FAIR VALUE FO R USES IN ACCORDANCE WITH THE
URBAN RENEWAL PLAN ;
(5) CARRYING OUT PLANS FO R A PROGRAM OF VOLUN TARY OR
COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS OR OTHER
IMPROVEMENTS IN ACCO RDANCE WITH THE URBA N RENEWAL PLAN ;
(6) ACQUISITION OF ANY OT HER REAL PROPERTY IN THE URBAN
RENEWAL AREA WHERE NEC ESSARY TO ELIMINATE UNHEALTHFUL , UNSANITARY,
OR UNSAFE CONDITIONS , LESSEN DENSITY , ELIMINATE OBSOLETE O R OTHER USES
DETRIMENTAL TO THE P UBLIC WELFARE , OR OTHERWISE TO REMO VE OR PREVENT
THE SPREAD OF BLIGHT OR DETERIORATION , OR TO PROVID E LAND FOR NEEDED
PUBLIC FACILITIES ; AND
(7) THE PRESERVATION , IMPROVEMENT , OR EMBELLISHMENT OF
HISTORIC STRUCTURES OR MONUMENTS .
A1–102. POWERS.
(A) THE MUNICIPALITY MAY UNDERTAKE AND CARRY OUT URBAN RENEWAL
PROJECTS IN AREAS OF THE MUNICIPALITY THA T ARE ZONED FOR COMM ERCIAL OR
RESIDENTIAL USE.
(B) THESE PROJECTS SHALL BE LIMITED:
(1) TO BLIGHT CLEARANCE I N BLIGHTED AREAS AND
REDEVELOPMENT OR THE REHABILITATION OF BL IGHTED AREAS ;
(2) TO ACQUIRE IN CONNECT ION WITH THOSE PROJE CTS, WITHIN
THE CORPORATE LIMITS OF THE MUNICIPALITY , LAND AND PROPERTY OF EVERY
KIND AND ANY RIGHT , INTEREST, FRANCHISE, EASEMENT, OR PRIVILEGE ,
INCLUDING LAND OR PR OPERTY AND ANY RIGHT OR INTEREST ALREADY DEVOTED
TO PUBLIC USE, BY PURCHASE, LEASE, GIFT, CONDEMNATION , OR ANY OTHER LEGAL
MEANS; AND
(3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERWISE DISPOSE OF
ANY OF THE LAND OR P ROPERTY, REGARDLESS OF WHETHE R OR NOT IT HAS BEEN
DEVELOPED , REDEVELOPED , ALTERED, OR IMPROVED AND IRRE SPECTIVE OF THE
MANNER OR MEANS IN O R BY WHICH IT MAY HAVE BE EN ACQUIRED, TO ANY PRIVATE,
PUBLIC, OR QUASI–PUBLIC CORPORATION , PARTNERSHIP , ASSOCIATION, PERSON,
OR OTHER LEGAL ENTIT Y.
(C) LAND OR PROPERTY TAKE N BY THE MUNICIPALIT Y FOR ANY OF THESE
PURPOSES OR IN CONNE CTION WITH THE EXERC ISE OF ANY OF THE POWERS WH ICH Ch. 209 2023 LAWS OF MARYLAND
– 4 –
ARE GRANTED BY THIS APPENDIX TO THE MUNI CIPALITY BY EXERCISI NG THE
POWER OF EMINENT DOM AIN MAY NOT BE TAKEN WITHOUT JUST COMPENS ATION,
AS AGREED ON BETWEEN THE PARTIES, OR AWARDED BY A JURY , BEING FIRST PAID
OR TENDERED TO THE P ARTY ENTITLED TO THE CO MPENSATION .
(D) ALL LAND OR PROPERTY NEEDED OR TAKEN BY T HE EXERCISE OF THE
POWER OF EMINENT DOM AIN BY THE MUNICIPAL ITY FOR ANY OF THESE PURPOSES
OR IN CONNECTION WIT H THE EXERCISE OF AN Y OF THE POWERS GRAN TED BY THIS
APPENDIX IS DECL ARED TO BE NEEDED OR TAKEN FOR PUBLIC USE S AND
PURPOSES.
(E) ANY OR ALL OF THE ACT IVITIES AUTHORIZED P URSUANT TO THIS
APPENDIX CONSTITUTE GOVERNMENTAL FUNCTIO NS UNDERTAKEN FOR PU BLIC
USES AND PURPOSES AN D THE POWER OF TAXAT ION MAY BE EXERCISED , PUBLIC
FUNDS EXPENDED , AND PUBLIC CREDIT EX TENDED IN FURTHERANC E OF THEM.
A1–103. ADDITIONAL POWERS .
THE MUNICIPALITY HAS THE FOLLOWING ADDITI ONAL POWERS . THESE
POWERS ARE DECLARED TO BE NECESSARY AND PROPER TO CARRY INTO FULL
FORCE AND EFFECT THE SPECIFIC POWER S GRANTED IN THIS AP PENDIX AND TO
FULLY ACCOMPLISH THE PURPOSES AND OBJECTS CONTEMPLATED BY THE
PROVISIONS OF THIS S ECTION:
(1) TO MAKE OR HAVE MADE ALL SURVEYS AND PLAN S NECESSARY TO
THE CARRYING OUT OF THE PURPOSES OF THIS APPENDIX AND TO ADOP T OR
APPROVE, MODIFY, AND AMEND THOSE PLAN S. THESE PLANS MAY INCLU DE, BUT
ARE NOT LIMITED TO :
(I) PLANS FOR CARRYING OU T A PROGRAM OF VOLUN TARY OR
COMPULSORY REPAIR AN D REHABILITATION OF BUILDINGS AND IMPROV EMENTS;
(II) PLANS FOR THE ENFORCE MENT OF CODES AND
REGULATIONS RELATING TO THE USE OF LAND A ND THE USE AND OCCUP ANCY OF
BUILDINGS AND IMPROV EMENTS AND TO THE CO MPULSORY REPAIR ,
REHABILITATION , DEMOLITION, OR REMOVAL OF BUILDI NGS AND IMPROVEMENTS ;
AND
(III) APPRAISALS, TITLE SEARCHES , SURVEYS, STUDIES, AND
OTHER PLANS AND WORK NECESSARY TO PREPARE FOR THE UNDERTAKING OF
URBAN RENEWAL PROJEC TS AND RELATED ACTIV ITIES, AND TO APPLY FOR ,
ACCEPT, AND UTILIZE GRANTS O F FUNDS FROM THE FED ERAL GOVERNMENT OR A NY
OTHER GOVERNMENTAL E NTITY FOR THOSE PURP OSES; WES MOORE, Governor Ch. 209
– 5 –
(2) TO PREPARE PLANS FOR THE RELOCATION OF PE RSONS
(INCLUDING FAMILIES , BUSINESS CONCERNS , AND OTHERS ) DISPLACED FROM AN
URBAN RENEWAL AREA , AND TO MAKE RELOCATI ON PAYMENTS TO OR WI TH
RESPECT TO THOSE PER SONS FOR MOVING EXPE NSES AND LOSSES OF P ROPERTY
FOR WHICH REIMBURSEMEN T OR COMPENSATION IS NOT OTHERWISE MADE ,
INCLUDING THE MAKING OF PAYMENTS FINANCED BY THE FEDERAL GOVER NMENT;
(3) TO APPROPRIATE WHATEV ER FUNDS AND MAKE WH ATEVER
EXPENDITURES AS MAY BE NECESSARY TO CARR Y OUT THE PURPOSES O F THIS
APPENDIX, INCLUDING, BUT NOT LIMITED :
(I) TO THE PAYMENT OF ANY AND ALL COSTS AND EX PENSES
INCURRED IN CONNECTI ON WITH, OR INCIDENTAL TO , THE ACQUISITION OF L AND
OR PROPERTY , AND FOR THE DEMOLITI ON, REMOVAL, RELOCATION , RENOVATION ,
OR ALTERATION OF LAN D, BUILDINGS, STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR
SERVICES, AND OTHER STRUCTURES OR IMPROVEMENTS , AND FOR THE
CONSTRUCTION , RECONSTRUCTION , INSTALLATION, RELOCATION, OR REPAIR OF
STREETS, HIGHWAYS, ALLEYS, UTILITIES, OR SERVICES, IN CONNECTION WITH
URBAN RENEWAL PROJECTS ;
(II) TO LEVY TAXES AND ASS ESSMENTS FOR THOSE P URPOSES;
(III) TO BORROW MONEY AND T O APPLY FOR AND ACCE PT
ADVANCES, LOANS, GRANTS, CONTRIBUTIONS , AND ANY OTHER FORM O F FINANCIAL
ASSISTANCE FROM THE FEDERAL GOVERNMENT , THE STATE, COUNTY, OR OTHER
PUBLIC BODIES, OR FROM ANY SOURCES , PUBLIC OR PRIVATE , FOR THE PURPOSES
OF THIS APPENDIX , AND TO GIVE WHATEVER SECURITY AS MAY BE R EQUIRED FOR
THIS FINANCIAL ASSIS TANCE; AND
(IV) TO INVEST ANY URBAN R ENEWAL FUNDS HELD IN RESERVES
OR SINKING FUNDS OR ANY OF THESE FUNDS NOT R EQUIRED FOR IMMEDIAT E
DISBURSEMENT IN PROP ERTY OR SECURITIES W HICH ARE LEGAL INVES TMENTS FOR
OTHER MUNICIPAL FUND S;
(4) (I) TO HOLD , IMPROVE, CLEAR, OR PREPARE FOR
REDEVELOPMENT ANY PR OPERTY ACQUIRED IN C ONNECTION WITH URBAN
RENEWAL PROJECTS ;
(II) TO MORTGAGE , PLEDGE, HYPOTHECATE , OR OTHERWISE
ENCUMBER THAT PROPER TY; AND
Ch. 209 2023 LAWS OF MARYLAND
– 6 –
(III) TO INSURE OR PROVIDE FOR THE INSURANCE OF THE
PROPERTY OR OPERATIO NS OF THE MUNICIPALI TY AGAINST ANY RISKS OR
HAZARDS, INCLUDING TH E POWER TO PAY PREMI UMS ON ANY INSURANCE ;
(5) TO MAKE AND EXECUTE A LL CONTRACTS AND OTH ER
INSTRUMENTS NECESSAR Y OR CONVENIENT TO T HE EXERCISE OF ITS P OWERS
UNDER THIS APPENDIX , INCLUDING THE POWER TO ENTER INTO AGREEM ENTS WITH
OTHER PUBLIC BODIES OR AGENCIES (THESE AGREEMENTS MAY EXTEND OVER ANY
PERIOD, NOTWITHSTANDING ANY PROVISION OR RULE OF LAW TO THE CONTRARY ),
AND TO INCLUDE IN AN Y CONTRACT FOR FINAN CIAL ASSISTANCE WITH THE
FEDERAL GOVERNMENT F OR OR WITH RESPECT T O AN URBAN RENEWAL P ROJECT
AND RELATED ACTIVITIES ANY CO NDITIONS IMPOSED PUR SUANT TO FEDERAL LAW S
AS THE MUNICIPALITY CONSIDERS REASONABLE AND APPROPRIATE ;
(6) TO ENTER INTO ANY BUI LDING OR PROPERTY IN ANY URBAN
RENEWAL AREA IN ORDE R TO MAKE INSPECTION S, SURVEYS, APPRAISALS,
SOUNDINGS, OR TEST BORINGS, AND TO OBTAIN AN ORD ER FOR THIS PURPOSE FROM
THE CIRCUIT COURT FO R THE COUNTY IN WHIC H THE MUNICIPALITY I S SITUATED IN
THE EVENT ENTRY IS D ENIED OR RESISTED ;
(7) TO PLAN, REPLAN, INSTALL, CONSTRUCT, RECONSTRUCT ,
REPAIR, CLOSE, OR VACATE S TREETS, ROADS, SIDEWALKS, PUBLIC UTILITIES ,
PARKS, PLAYGROUNDS , AND OTHER PUBLIC IMP ROVEMENTS IN CONNECT ION WITH
AN URBAN RENEWAL PRO JECT AND TO MAKE EXC EPTIONS FROM BUILDIN G
REGULATIONS ;
(8) TO GENERALLY ORGANIZE , COORDINATE , AND DIRECT THE
ADMINISTRAT ION OF THE PROVISION S OF THIS APPENDIX A S THEY APPLY TO THE
MUNICIPALITY IN ORDE R THAT THE OBJECTIVE OF REMEDYING BLIGHTE D AREAS
AND PREVENTING ITS C AUSES WITHIN THE MUN ICIPALITY MAY BE PRO MOTED AND
ACHIEVED MOST EFFECT IVELY; AND
(9) TO EXERCISE ALL OR ANY PART OR COMBINAT ION OF THE
POWERS GRANTED IN TH IS APPENDIX.
A1–104. ESTABLISHMENT OF URBA N RENEWAL AGENCY .
(A) A MUNICIPALITY MAY ITS ELF EXERCISE ALL THE POWERS GRANTED BY
THIS APPENDIX , OR MAY, IF ITS LEGISLATIVE B ODY BY ORDINANCE DET ERMINES
THE ACTION TO BE IN THE PUBLIC INTEREST , ELECT TO HAVE THE PO WERS
EXERCISED BY A SEPAR ATE PUBLIC BODY OR A GENCY.
WES MOORE, Governor Ch. 209
– 7 –
(B) IN THE EVENT THE LEGI SLATIVE BODY MAKES T HAT DETERMINATION ,
IT SHALL PROCEED BY ORDINANCE TO ESTABLI SH A PUBLIC BODY OR AGENCY TO
UNDERTAKE I N THE MUNICIPALITY T HE ACTIVITIES AUTHOR IZED BY THIS
APPENDIX.
(C) THE ORDINANCE SHALL I NCLUDE PROVISIONS ES TABLISHING THE
NUMBER OF MEMBERS OF THE PUBLIC BODY OR A GENCY, THE MANNER OF THEIR
APPOINTMENT AND REMO VAL, AND THE TERMS OF THE MEMBERS AND THEIR
COMPENSATION .
(D) THE ORDINANCE MAY INC LUDE WHATEVER ADDITI ONAL PROVISIONS
RELATING TO THE ORGA NIZATION OF THE PUBL IC BODY OR AGENCY AS MAY BE
NECESSARY.
(E) IN THE EVENT THE LEGI SLATIVE BODY ENACTS THIS ORDINANCE , ALL
OF THE POWERS BY THI S APPENDIX G RANTED TO THE MUNICI PALITY, FROM THE
EFFECTIVE DATE OF TH E ORDINANCE, ARE VESTED IN THE PU BLIC BODY OR AGENCY
ESTABLISHED BY THE O RDINANCE.
A1–105. POWERS WITHHELD FROM THE AGENCY.
THE AGENCY MAY NOT :
(1) PASS A RESOLUTION TO INITIATE AN URBAN RE NEWAL PROJECT
PURSUANT TO SECTIONS A1–102 AND A1–103 OF THIS APPENDIX ;
(2) ISSUE GENERAL OBLIGAT ION BONDS PURSUANT T O SECTION
A1–111 OF THIS APPENDIX ; OR
(3) APPROPRIATE FUNDS OR LEVY TAXES AND ASSES SMENTS
PURSUANT TO SECTION A1–103(3) OF THIS APPENDIX .
A1–106. INITIATION OF PROJECT .
IN ORDER TO INITIATE AN URBAN RENEWAL PRO JECT, THE LEGISLATIVE
BODY OF THE MUNICIPA LITY SHALL ADOPT A R ESOLUTION WHICH :
(1) FINDS THAT ONE OR MOR E BLIGHTED AREAS EXI ST IN THE
MUNICIPALITY;
(2) LOCATES AND DEFINES T HE BLIGHTED AREA ; AND
(3) FINDS THAT THE REHABI LITATION, REDEVELOPMENT , OR A
COMBINATION OF THEM , OF THE AREA OR AREAS , IS NECESSARY AND IN THE Ch. 209 2023 LAWS OF MARYLAND
– 8 –
INTEREST OF THE PUBL IC HEALTH, SAFETY, MORALS, OR WELFARE OF THE
RESIDENTS OF THE MUN ICIPALITY.
A1–107. PREPARATION AND APPRO VAL OF PLAN FOR URBA N RENEWAL PROJECT .
(A) IN ORDER TO CARRY OUT THE PURPOSES OF THIS APPENDIX, THE
MUNICIPALITY SHALL H AVE PREPARED AN URBA N RENEWAL PLAN FOR B LIGHTED
AREAS IN THE MUNICIP ALITY AND SHALL APPR OVE THE PLAN FORMALL Y. THE
MUNICIPALITY SHALL H OLD A PUBLIC HEARING ON AN URBAN RENEWAL PROJECT
AFTER PUBLIC NOTICE OF IT BY PUBLICATION IN A NEWSPAPER HAVIN G A GENERAL
CIRCULATION WITHIN T HE CORPORATE LIMITS OF THE MUNICIPALITY . THE NOTICE
SHALL DESCRIBE THE T IME, DATE, PLACE, AND PURPOSE OF THE HEA RING, SHALL
GENERALLY IDENTIFY T HE URBAN RENEWAL ARE A COVERED BY THE PLA N, AND
SHALL OUTLINE THE GE NERAL SCOPE OF THE U RBAN RENEWAL PROJECT UNDER
CONSIDERATION . FOLLOWING THE HEARING , THE MUNICIPALITY MAY APPROVE AN
URBAN RENEWAL PROJEC T AND THE PLAN THERE FOR IF IT FINDS THAT:
(1) A FEASIBLE METHOD EXIS TS FOR THE LOCATION OF ANY
FAMILIES OR NATURAL PERSONS WHO WILL BE DISPLACED FROM THE U RBAN
RENEWAL AREA IN DECE NT, SAFE, AND SANITARY DWELLIN G ACCOMMODATIONS
WITHIN THEIR MEANS A ND WITHOUT UNDUE HARDSHIP TO THE FAMILIES OR
NATURAL PERSONS ;
(2) THE URBAN RENEWAL PLA N CONFORMS SUBSTANTI ALLY TO THE
MASTER PLAN OF THE M UNICIPALITY AS A WHO LE; AND
(3) THE URBAN RENEWAL PLA N WILL AFFORD MAXIMU M
OPPORTUNITY , CONSISTENT WITH THE SOUND NEE DS OF THE MUNICIPALI TY AS A
WHOLE, FOR THE REHABILITATI ON OR REDEVELOPMENT OF THE URBAN RENEWAL
AREA BY PRIVATE ENTE RPRISE.
(B) AN URBAN RENEWAL PLAN MAY BE MODIFIED AT A NY TIME. IF
MODIFIED AFTER THE L EASE OR SALE OF REAL PROPERTY IN THE URBA N RENEWAL
PROJECT AREA , THE MODIFICATION MAY BE CONDITIONED ON WH ATEVER
APPROVAL OF THE OWNE R, LESSEE, OR SUCCESSOR IN INTE REST AS THE
MUNICIPALITY CONSIDE RS ADVISABLE. IN ANY EVENT, IT SHALL BE SUBJECT TO
WHATEVER RIGHTS AT L AW OR IN EQUITY AS A LESSEE OR PURCHASER , OR THE
SUCCESSOR OR SUCCESS ORS IN INTEREST , MAY BE ENTITLED TO A SSERT. WHERE
THE PROPOSED MODIFIC ATION WILL CHANGE SU BSTANTIALLY THE URBA N
RENEWAL PLAN AS APPR OVED PREVIOUSLY BY T HE MUNICIPALITY , THE
MODIFICATION SHALL B E APPROVED FORMALLY BY THE MUNICIPA LITY, AS IN THE
CASE OF AN ORIGINAL PLAN.
WES MOORE, Governor Ch. 209
– 9 –
(C) ON THE APPROVAL BY TH E MUNICIPALITY OF AN URBAN RENEWAL PLAN
OR OF ANY MODIFICATI ON OF IT, THE PLAN OR MODIFICA TION SHALL BE
CONSIDERED TO BE IN FULL FORCE AND EFFEC T FOR THE RESPECTIVE URBAN
RENEWAL AREA . THE MUNICIPALITY MAY H AVE THE PLAN OR MODI FICATION
CARRIED OUT IN ACCOR DANCE WITH ITS TERMS .
A1–108. DISPOSAL OF PROPERTY IN URBAN RENEWAL ARE A.
(A) THE MUNICIPALITY , BY ORDINANCE , MAY SELL, LEASE, OR OTHERWISE
TRANSFER REAL PROPER TY OR ANY INTEREST I N IT ACQUIRED BY IT FOR A N URBAN
RENEWAL PROJECT TO A NY PERSON FOR RESIDE NTIAL, RECREATIONAL ,
COMMERCIAL , INDUSTRIAL, EDUCATIONAL , OR OTHER USES OR FOR PUBLIC USE, OR
IT MAY RETAIN THE PR OPERTY OR INTEREST F OR PUBLIC USE , IN ACCORDANCE
WITH THE URBAN RENEW AL PLAN AND SUBJECT TO W HATEVER COVENANTS ,
CONDITIONS, AND RESTRICTIONS , INCLUDING COVENANTS RUNNING WITH THE
LAND, AS IT CONSIDERS NECE SSARY OR DESIRABLE T O ASSIST IN PREVENTI NG THE
DEVELOPMENT OR SPREA D OF FUTURE BLIGHTED AREAS OR TO OTHERWIS E CARRY
OUT THE PURPOSES OF THIS APP ENDIX. THE PURCHASERS OR LES SEES AND THEIR
SUCCESSORS AND ASSIG NS SHALL BE OBLIGATE D TO DEVOTE THE REAL PROPERTY
ONLY TO THE USES SPE CIFIED IN THE URBAN RENEWAL PLAN AND MAY BE
OBLIGATED TO COMPLY WITH WHATEVER OTHER REQUIREMENTS THE
MUNICIPALITY DETERMINE S TO BE IN THE PUBLI C INTEREST, INCLUDING THE
OBLIGATION TO BEGIN WITHIN A REASONABLE TIME ANY IMPROVEMENT S ON THE
REAL PROPERTY REQUIR ED BY THE URBAN RENE WAL PLAN. THE REAL PROPERTY
OR INTEREST MAY NOT BE SOLD, LEASED, OTHERWISE TRANSF ERRED, OR RETAINED
AT LESS THAN ITS FAI R VALUE FOR USES IN ACCORDANCE WITH THE URBAN
RENEWAL PLAN . IN DETERMINING THE FA IR VALUE OF REAL PRO PERTY FOR USES
IN ACCORDANCE WITH T HE URBAN RENEWAL PLA N, THE MUNICIPALITY SHA LL TAKE
INTO ACCOUNT AND GIV E CONSIDER ATION TO THE USES PR OVIDED IN THE PLAN ,
THE RESTRICTIONS ON , AND THE COVENANTS , CONDITIONS, AND OBLIGATIONS
ASSUMED BY THE PURCH ASER OR LESSEE OR BY THE MUNICIPALITY RET AINING THE
PROPERTY, AND THE OBJECTIVES O F THE PLAN FOR THE P REVENTION OF THE
RECURRENC E OF BLIGHTED AREAS . IN ANY INSTRUMENT OR CONVEYANCE TO A
PRIVATE PURCHASER OR LESSEE, THE MUNICIPALITY MAY PROVIDE THAT THE
PURCHASER OR LESSEE MAY NOT SELL, LEASE, OR OTHERWISE TRANSFE R THE REAL
PROPERTY WITHOUT THE PRIOR WRITTEN CONSEN T OF THE MUNICIPAL ITY UNTIL
THE PURCHASER OR LES SEE HAS COMPLETED TH E CONSTRUCTION OF AN Y OR ALL
IMPROVEMENTS WHICH T HE PURCHASER OR LESS EE HAS BEEN OBLIGATE D TO
CONSTRUCT ON THE PRO PERTY. REAL PROPERTY ACQUIRE D BY THE MUNICIPALIT Y
WHICH, IN ACCORDANCE WITH T HE PROVISIONS O F THE URBAN RENEWAL PLAN, IS
TO BE TRANSFERRED , SHALL BE TRANSFERRED AS RAPIDLY AS FEASIB LE IN THE
PUBLIC INTEREST CONS ISTENT WITH THE CARR YING OUT OF THE PROV ISIONS OF
THE URBAN RENEWAL PL AN. ANY CONTRACT FOR THE TRANSFER AND THE URB AN Ch. 209 2023 LAWS OF MARYLAND
– 10 –
RENEWAL PLAN (OR ANY PART OR PARTS OF T HE CONTRACT OR PLAN AS THE
MUNICIPALITY DETERMI NES) MAY BE RECORDED IN T HE LAND RECORDS OF T HE
COUNTY IN WHICH THE MUNICIPALITY IS SITU ATED IN A MANNER SO AS TO AFFORD
ACTUAL OR CONSTRUCTI VE NOTICE OF IT.
(B) THE MUNICIPALITY , BY ORDINANCE, MAY DISPOSE OF REAL PROPERTY
IN AN URBAN RENEWAL AREA TO PRIVATE PERS ONS. THE MUNICIPALITY MAY , BY
PUBLIC NOTICE BY PUB LICATION IN A NEWSPA PER HAVING A GENERAL
CIRCULATION IN THE C OMMUNITY, INVITE PROPOSALS FRO M AND MAKE AVAILABLE
ALL PERTINENT INFO RMATION TO PRIVATE R EDEVELOPERS OR ANY P ERSONS
INTERESTED IN UNDERT AKING TO REDEVELOP O R REHABILITATE AN UR BAN
RENEWAL AREA , OR ANY PART THEREOF . THE NOTICE SHALL IDEN TIFY THE AREA,
OR PORTION THEREOF , AND SHALL STATE THAT PROPOSALS SHALL BE M ADE BY
THOSE INTERESTED WITHIN A SPECIFIED PERIOD . THE MUNICIPALITY SHAL L
CONSIDER ALL REDEVEL OPMENT OR REHABILITA TION PROPOSALS AND T HE
FINANCIAL AND LEGAL ABILITY OF THE PERSO NS MAKING PROPOSALS TO CARRY
THEM OUT, AND MAY NEGOTIATE WI TH ANY PERSONS FOR P ROPOSALS FOR THE
PURCHASE, LEASE, OR OTHER TRANSFER OF ANY REAL PROPERTY AC QUIRED BY
THE MUNICIPALITY IN THE URBAN RENEWAL AR EA. THE MUNICIPALITY MAY ACCEPT
ANY PROPOSAL AS IT D EEMS TO BE IN THE PU BLIC INTEREST AND IN FURTHERANCE
OF THE PURPOSES OF T HIS APPENDIX. THEREAFTER, THE MUNICIPALITY MAY
EXECUTE AND DELIVER CONTRACTS, DEEDS, LEASES, AND OTHER INSTRUMENT S
AND TAKE ALL STEPS N ECESSARY TO EFFECTUA TE THE TRANSFERS .
(C) THE MUNICIPALITY MAY OPERATE TEMPORARILY AND MAINTAIN REAL
PROPERTY ACQUIRED BY IT IN AN URBAN RENEWAL AREA FOR OR IN CONNECTION
WITH AN URBAN RENEWA L PROJECT PENDING TH E DISPOSITION OF THE PROPERTY
AS AUTHORIZED IN THI S APPENDIX, WITHOUT REGARD TO TH E PROVISIONS OF
SUBSECTION (A) OF THIS SECTION , FOR USES AND PURPOSE S CONSIDERED
DESIRABLE EVEN THOU GH NOT IN CONFORMITY WITH THE URBAN RENEW AL PLAN.
(D) ANY INSTRUMENT EXECUT ED BY THE MUNICIPALI TY AND PURPORTING
TO CONVEY ANY RIGHT , TITLE, OR INTEREST IN ANY P ROPERTY UNDER THIS
APPENDIX SHALL BE PR ESUMED CONCLUSIVELY TO HAVE BEEN EXECUTE D IN
COMPLIANC E WITH THE PROVISION S OF THIS APPENDIX I NSOFAR AS TITLE OR
OTHER INTEREST OF AN Y BONA FIDE PURCHASE RS, LESSEES, OR TRANSFEREES OF
THE PROPERTY IS CONC ERNED.
A1–109. EMINENT DOMAIN .
CONDEMNATION OF LAND OR PROPERTY UNDER TH E PROVISIONS OF THIS
APPENDIX SHALL BE IN ACCORDAN CE WITH THE PROCEDUR E PROVIDED IN THE
REAL PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND. WES MOORE, Governor Ch. 209
– 11 –
A1–110. ENCOURAGEMENT OF PRIV ATE ENTERPRISE .
THE MUNICIPALITY , TO THE EXTENT IT DET ERMINES TO BE FEASIB LE IN
CARRYING OUT THE PRO VISIONS OF THIS APPENDIX , SHALL AFFORD MAXIMUM
OPPORTUNITY TO THE R EHABILITATION OR RED EVELOPMENT OF ANY UR BAN
RENEWAL AREA BY PRIV ATE ENTERPRISE CONSI STENT WITH THE SOUND NEEDS OF
THE MUNICIPALITY AS A WHOLE. THE MUNICIPALITY SHAL L GIVE CONSIDERATION
TO THIS OBJEC TIVE IN EXERCISING I TS POWERS UNDER THIS APPENDIX.
A1–111. GENERAL OBLIGATION BO NDS.
FOR THE PURPOSE OF FI NANCING AND CARRYING OUT AN URBAN RENEWAL
PROJECT AND RELATED ACTIVITIES, THE MUNICIPALITY MAY ISSUE AND SELL ITS
GENERAL OBLIGATION B ONDS. ANY BONDS ISSUED BY THE MUN ICIPALITY
PURSUANT TO THIS SEC TION SHALL BE ISSUED IN THE MANNER AND WI THIN THE
LIMITATIONS PRESCRIB ED BY APPLICABLE LAW FOR THE ISSUANCE AND
AUTHORIZATION OF GEN ERAL OBLIGATION BOND S BY THE MUNICIPALIT Y, AND
ALSO WITHIN LIMITATI ONS DETERMINED BY THE MUNIC IPALITY.
A1–112. REVENUE BONDS .
(A) IN ADDITION TO THE AU THORITY CONFERRED BY SECTION A1–111 OF
THIS APPENDIX, THE MUNICIPALITY MAY ISSUE REVENUE BONDS TO FINANCE THE
UNDERTAKING OF ANY U RBAN RENEWAL PROJECT AND RELATED ACTIVITI ES. ALSO,
IT MAY ISSUE REFUNDI NG BONDS FOR THE PAY MENT OR RETIREMENT O F THE
BONDS ISSUED PREVIOU SLY BY IT. THE BONDS SHALL BE MA DE PAYABLE, AS TO
BOTH PRINCIPAL AND I NTEREST, SOLELY FROM THE INCO ME, PROCEEDS,
REVENUES, AND FUNDS OF THE MUN ICIPALITY DERIVED FR OM OR HELD IN
CONNECTION WITH THE UNDERTAKING AND CARR YING OUT OF URBAN RE NEWAL
PROJECTS UNDER THIS APPENDIX. HOWEVER, PAYMENT OF THE BONDS , BOTH AS
TO PRINCIPAL AND INT EREST, MAY BE FURTHER SECUR ED BY A PLEDGE OF AN Y
LOAN, GRANT, OR CONTRIBUTION FROM THE FEDERAL GOVERNMENT OR OTHER
SOURCE, IN AID OF ANY URBAN RENEWAL PROJECTS OF THE MUNICIPALITY UND ER
THIS APPENDIX, AND BY A MORTGAGE OF ANY URBAN RENEWAL PR OJECT, OR ANY
PART OF A PROJECT , TITLE TO WHICH IS IN THE MUNICIPALITY . IN ADDITION, THE
MUNICIPALITY M AY ENTER INTO AN IND ENTURE OF TRUST WITH ANY PRIVATE
BANKING INSTITUTION OF THIS STATE HAVING TRUST PO WERS AND MAY MAKE IN
THE INDENTURE OF TRU ST COVENANTS AND COM MITMENTS REQUIRED BY ANY
PURCHASER FOR THE AD EQUATE SECURITY OF T HE BONDS.
(B) BONDS ISSUED UNDER THIS SECTION D O NOT CONSTITUTE AN
INDEBTEDNESS WITHIN THE MEANING OF ANY C ONSTITUTIONAL OR STA TUTORY Ch. 209 2023 LAWS OF MARYLAND
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DEBT LIMITATION OR R ESTRICTION, ARE NOT SUBJECT TO T HE PROVISIONS OF ANY
OTHER LAW OR CHARTER RELATING TO THE AUTH ORIZATION, ISSUANCE, OR SALE
OF BONDS, AND ARE EXEMPTED SPE CIFICALLY FROM THE R ESTRICTIONS
CONTAINED IN §§ 19–205 AND 19–206 OF THE LOCAL GOVERNMENT ARTICLE OF
THE ANNOTATED CODE OF MARYLAND. BONDS ISSUED UNDER TH E PROVISIONS OF
THIS APPENDIX ARE DE CLARED TO BE ISSUED FOR AN ESSENTIAL PUB LIC AND
GOVERNMENTAL PURPOSE AND, TOGETHER WITH INTERE ST ON THEM AND INCOM E
FROM THEM, ARE EXEMPT FROM ALL TAXES.
(C) BONDS ISSUED UNDER TH IS SECTION SHALL BE AUTHORIZED BY
RESOLUTION OR ORDINA NCE OF THE LEGISLATI VE BODY OF THE MUNIC IPALITY.
THEY MAY BE ISSUED IN ONE OR MORE SERIES AND SHALL :
(1) BEAR A DATE OR DATES ;
(2) MATURE AT A TIME OR T IMES;
(3) BEAR INTEREST AT A RA TE OR RATES;
(4) BE IN A DENOMINATION OR DENOMINATIONS ;
(5) BE IN A FORM EITHER W ITH OR WITHOUT COUPO N OR
REGISTERED;
(6) CARRY A CONVERSION OR REGISTRATION PRIVILE GE;
(7) HAVE A RANK OR PRIORI TY;
(8) BE EXECUTED IN A MANN ER;
(9) BE PAYABLE IN A MEDIU M OF PAYMENT , AT A PLACE OR PLACES ,
AND BE SUBJECT TO TE RMS OF REDEMPTION (WITH OR WITHOUT PREM IUM);
(10) BE SECURED IN A MANNER ; AND
(11) HAVE OTHER CHARACTERI STICS, AS ARE PROVIDED BY T HE
RESOLUTION, TRUST INDENTURE , OR MORTGAGE ISSUED P URSUANT TO IT.
(D) THESE BONDS MAY NOT B E SOLD AT LESS THAN PAR VALUE AT PUBLIC
SALES WHICH ARE HELD AFTER NOTICE IS PUBL ISHED PRIOR TO THE SA LE IN A
NEWSPAPER HAVING A G ENERAL CIRCULATION I N THE AREA IN WHICH THE
MUNICIPALITY IS LOCA TED AND IN WHATEVER OTHER MEDIUM OF PUBL ICATION AS
THE MUNICIPALITY MAY DETERMINE. THE BONDS MAY BE EXCH ANGED ALSO FOR WES MOORE, Governor Ch. 209
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OTHER BONDS ON THE B ASIS OF PAR. HOWEVER, THE BONDS MAY NOT BE SOLD TO
THE FEDERAL GOVERNME NT AT PRIVATE SALE A T LESS THAN PAR , AND, IN THE
EVENT LESS THAN ALL OF THE AUTHORIZED PR INCIPAL AMOUNT OF TH E BONDS IS
SOLD TO THE FEDERAL GOVERNMENT , THE BALANCE MAY NOT BE SOLD AT PRIVATE
SALE AT LESS THAN PA R AT AN INTEREST COS T TO THE MUNICIPALIT Y WHICH DOES
NOT EXCEED THE INTER EST COST TO THE MUNI CIPALITY OF THE PORT ION OF THE
BONDS SOLD TO THE FE DERAL GOVERNMENT .
(E) IN CASE ANY OF THE PU BLIC OFFICIALS OF TH E MUNICIPALITY WHOSE
SIGNATURES APPEAR ON ANY BONDS OR COUPONS ISS UED UNDER THIS APPEN DIX
CEASE TO BE OFFICIAL S OF THE MUNICIPALIT Y BEFORE THE DELIVER Y OF THE
BONDS OR IN THE EVEN T ANY OF THE OFFICIA LS HAVE BECOME SUCH AFTER THE
DATE OF ISSUE OF THE M, THE BONDS ARE VALID AND BINDING OBLIGATIONS OF THE
MUNICIPALITY IN ACCO RDANCE WITH THEIR TE RMS. ANY PROVISION OF ANY LAW
TO THE CONTRARY NOTW ITHSTANDING, ANY BONDS ISSUED PUR SUANT TO THIS
APPENDIX ARE FULLY N EGOTIABLE.
(F) IN ANY SUIT, ACTION, OR PROCEEDING INVOLV ING THE VALIDITY OR
ENFORCEABILITY OF AN Y BOND ISSUED UNDER THIS APPENDIX, OR THE SECURITY
FOR IT, ANY BOND WHICH RECIT ES IN SUBSTANCE THAT IT HAS BEEN ISSUED B Y THE
MUNICIPALITY IN CONN ECTION WITH AN URBAN RENEWAL PROJECT SHAL L BE
CONSIDERED CONCLUSIV ELY TO HAVE BEEN ISS UED FOR THAT PURPOSE , AND THE
PROJECT SHALL BE CON SIDERED CONCLUSIVELY TO HAVE BEEN PLANNED ,
LOCATED, AND CARRIED OUT IN A CCORDANCE WITH THE P ROVISIONS OF THIS
APPENDIX.
(G) ALL BANKS, TRUST COMPANIES , BANKERS, SAVINGS BANKS , AND
INSTITUTIONS, BUILDING AND L OAN ASSOCIATIONS , SAVINGS AND LOAN
ASSOCIATIONS, INVESTMENT COMPANIES , AND OTHER PERSONS CA RRYING ON A
BANKING OR INVESTMEN T BUSINESS; ALL INSURANCE COMPAN IES, INSURANCE
ASSOCIATIONS, AND OTHER PERSONS CA RRYING ON AN INSURAN CE BUSINESS; AND
ALL EXECUTORS , ADMINISTRATORS , CURATORS, TRUSTEES, AND OTHER
FIDUCIARIES, MAY LEGALLY INVEST A NY SINKING FUNDS , MONEYS, OR OTHER
FUNDS BELONGING TO T HEM OR WITHIN THEIR CONTROL IN ANY BONDS OR OTHER
OBLIGATIONS ISSUED B Y THE MUNICIPALITY P URSUANT TO THIS APPE NDIX.
HOWEVER, THE BONDS AND OTHER OBLIGATIONS SHALL BE SECURED BY AN
AGREEMENT BETWEEN TH E ISSUER AND THE FED ERAL GOVERNMENT IN W HICH THE
ISSUER AGREES TO BOR ROW FROM THE FEDERAL GOVERNMENT AND THE F EDERAL
GOVERNMENT AGREES TO LEND TO THE ISSUER , PRIOR TO THE MATURIT Y OF THE
BONDS OR OTHER OBLIG ATIONS, MONEYS IN AN AMOUNT WHICH (TOGETHER WITH
ANY OTHER MONEYS COM MITTED IRREVOCABLY T O THE PAYMENT OF PRI NCIPAL
AND INTEREST ON THE BONDS OR OTHER OBLIG ATIONS) WILL SUFFICE TO PAY THE
PRINCIPAL OF THE BON DS OR OTHER OBLIGAT IONS WITH INTEREST T O MATURITY Ch. 209 2023 LAWS OF MARYLAND
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ON THEM. THE MONEYS UNDER THE TERMS OF THE AGREEME NT SHALL BE
REQUIRED TO BE USED FOR THE PURPOSE OF P AYING THE PRINCIPAL OF AND THE
INTEREST ON THE BOND S OR OTHER OBLIGATIO NS AT THEIR MATURITY . THE BONDS
AND OTHER OBLIGATION S SHALL BE AUTHORIZE D SECURITY FOR ALL P UBLIC
DEPOSITS. THIS SECTION AUTHORIZ ES ANY PERSONS OR PU BLIC OR PRIVATE
POLITICAL SUBDIVISIO NS AND OFFICERS TO U SE ANY FUNDS OWNED O R
CONTROLLED BY THEM F OR THE PURCHASE OF A NY BONDS OR OTHER
OBLIGATIONS. WITH REGARD TO LEGAL INVESTMEN TS, THIS SECTION MAY NOT BE
CONSTRUED TO RELIEVE ANY PERSON OF ANY DU TY OF EXERCISING REA SONABLE
CARE IN SELECTING SE CURITIES.
A1–113. SHORT TITLE.
THIS APPENDIX SHALL B E KNOWN AND MAY BE C ITED AS THE FOREST
HEIGHTS URBAN RENEWAL AUTHORITY FOR BLIGHT CLEARANCE ACT.
A1–114. AUTHORITY TO AMEND OR REPEAL.
THIS APPENDIX, ENACTED PURSUANT TO ARTICLE III, SECTION 61 OF THE
MARYLAND CONSTITUTION, MAY BE AMENDED OR RE PEALED ONLY BY THE
GENERAL ASSEMBLY OF MARYLAND.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, April 24, 2023.