WES MOORE, Governor Ch. 210
– 1 –
Chapter 210
(Senate Bill 506)
AN ACT concerning
Town of Forest Heights (Prince George’s County) – Urban Renewal Authority
for Blight Clearance
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 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 PRODUCTIVITY BY R EASON 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.
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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 AREA 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
COMPLETE TO INDICATE ANY LAND ACQUISIT ION, 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 CON SERVATION IN AN URBA N 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 PORTION 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 OBJECTIVES OF T HIS
APPENDIX IN ACCORD ANCE WITH THE URBAN RENEWAL 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. 210
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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 N ECESSARY TO E LIMINATE 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 PROVIDE LAND F OR 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
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 P ROPERTY 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 HA VE BEEN 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 Ch. 210 2023 LAWS OF MARYLAND
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PURPOSES OR IN CONNE CTION WITH THE EXERC ISE OF ANY OF THE PO WERS WHICH
ARE GRANTED BY THIS APPENDIX TO THE MUNICIP ALITY BY EXERCISING 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 COMPENSATION .
(D) ALL LAND OR PROPERTY NEEDED OR TAKEN BY THE EXERCIS E 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 DECLARED TO BE NEEDED OR TAKE N FOR PUBLIC USES AN D
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 FURTHERANCE 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 POWERS GRAN TED IN THIS APPENDIX AND TO
FULLY ACCO MPLISH THE PURPOSES AND OBJECTS CONTEMPL ATED 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 INCLUDE , 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 AND THE USE AND OCCU PANCY 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 PR EPARE FOR THE UNDERT AKING OF
URBAN RENEWAL PROJEC TS AND RELATED ACTIV ITIES, AND TO APPLY FOR , WES MOORE, Governor Ch. 210
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ACCEPT, AND UTILIZE GRANTS O F FUNDS FROM THE FED ERAL GOVERNMENT OR A NY
OTHER GOVERNMENTAL E NTITY FOR THOSE PURP OSES;
(2) TO PREPARE PLANS FOR THE RELOCATION OF PERSONS
(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 REIMBURSEM ENT 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 A ND ALL COSTS AND EXP ENSES
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 PROJEC TS;
(II) TO LEVY TAXES AND ASSESSMENTS FOR THOS E PURPOSES;
(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 N OT REQUIR ED FOR IMMEDIATE
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. 210 2023 LAWS OF MARYLAND
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(III) TO INSURE OR PROVIDE FOR THE INSURANCE OF THE
PROPERTY OR OPERATIO NS OF THE MUNICIPALI TY AGAINST ANY RISKS OR
HAZARDS, INCLUDING THE POWER TO PAY PREMIUMS ON A NY 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 ACTIVITI ES ANY CONDITIONS IM POSED PURSUANT TO FEDERAL LAWS
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 STREETS , 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
ADMINISTRATION OF TH E PROVISIONS OF THIS APPENDIX AS 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 AN Y PART OR COMBINATIO N OF THE
POWERS GRANTED IN THIS 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 POWERS
EXERCISED BY A SEPAR ATE PUBLIC BODY OR A GENCY. WES MOORE, Governor Ch. 210
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(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 IN THE MUN ICIPALITY THE ACTIVI TIES AUTHORIZED B Y 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 ADDITIONAL 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 GRANTED T O THE MUNICIPALITY , FROM THE
EFFECTIVE DATE OF THE ORDINANC E, 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 RE NEWAL PROJECT , 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
Ch. 210 2023 LAWS OF MARYLAND
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(3) FINDS THAT THE REH ABILITATION, REDEVELOPMENT , OR A
COMBINATION OF THEM , OF THE AREA OR AREAS , IS NECESSARY AND IN THE
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 H EARING, SHALL
GENERALLY IDENTIFY THE URBAN RENEWAL AR EA COVERED BY THE PL AN, 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 HAR DSHIP TO THE FAMILIE S OR
NATURAL PERS ONS;
(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 NEEDS OF THE M UNICIPALITY AS A
WHOLE, FOR THE REHABILI TATION OR REDEVELOPM ENT OF THE URBAN REN EWAL
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 WHATEVER
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 ASSERT . WHERE
THE PROPOSED MODIFIC ATION WILL CHANGE SU BSTANTIALLY THE URBA N
RENEWAL PLAN AS APPR OVED PREVIOUSLY BY T HE MUNICIPALITY , THE WES MOORE, Governor Ch. 210
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MODIFICATION SHALL B E APPROVED FORMALLY BY THE MUNICIPALITY , AS IN THE
CASE OF AN ORIGINAL PLAN.
(C) ON THE APPROVAL BY THE MUNICIPALITY OF AN U RBAN 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 HAVE THE PLAN OR MOD IFICATION
CARRIED OUT IN ACCORDA NCE 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 AN URBAN
RENEWAL PROJECT TO A NY PERSON FOR RESIDENTI AL, 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 WHATEVER COVENANT S,
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 APPENDIX. 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 DETERMI NES TO BE IN THE PUB LIC 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 TRANSFERRE D, OR RETAINED
AT LESS THAN ITS FAI R VALUE FOR USES IN ACCORDANCE W ITH 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 CONSIDERATION TO T HE USES PROVIDED IN THE PLAN,
THE RESTRIC TIONS 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
RECURRENCE OF BLIGHT ED AREAS. IN ANY INSTRUMENT OR CONVEYANC E 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 MUNICIPALIT Y UNTIL
THE PURCHASER OR LES SEE HAS COMPLETED TH E CONSTRUCTION OF ANY 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 OF THE URBAN RENEWAL PLAN , IS Ch. 210 2023 LAWS OF MARYLAND
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TO BE TRANSFERRED , SHALL BE TRANSFERRED AS RAPIDLY AS FEASIBLE 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
RENEWAL PLAN (OR ANY PART OR PARTS OF THE CONTRACT OR P LAN AS THE
MUNICIPALITY DETERMINES ) 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 REN EWAL AREA TO PRIVATE PERSONS. 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 INFORM ATION TO PRIVATE RED EVELOPERS OR ANY PER SONS
INTERESTED IN UNDERTAKIN G TO REDEVELOP OR RE HABILITATE AN URBAN
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 WIT HIN A SPECIFIED PERI OD. THE MUNICIPAL ITY SHALL
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 ACQUIRED 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 RENEW AL AREA FOR OR IN CO NNECTION
WITH AN URBAN RENE WAL PROJECT PENDING THE DISPOSITION OF T HE 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 THOUG H 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
COMPLIANCE WITH THE PROVISIONS OF THIS A PPENDIX INSOFAR AS T ITLE OR
OTHER INTEREST OF AN Y BONA FIDE PURCHASE RS, LESSEES, OR TRANSFEREES OF
THE PROPERTY IS CONC ERNED.
A1–109. EMINENT DOMAIN . WES MOORE, Governor Ch. 210
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CONDEMNATION OF LAND OR PROPERTY UNDER TH E PROVISIONS OF THIS
APPENDIX SHALL BE IN ACCORDANCE WITH THE PROCEDURE PROVIDED I N THE
REAL PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND.
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 APPE NDIX, SHALL AFFORD MAXIMUM
OPPORTUNITY TO THE REHABILITATION O R REDEVELOPMENT OF A NY URBAN
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 OBJECTIVE IN EXERCISING ITS POWER S UNDER THIS APPENDI X.
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 T HE MUNICIPALITY
PURSUANT TO THIS SEC TION SHALL BE ISSUED IN THE MANNER AND WITHI N 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 TH E MUNICIPALITY.
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 OF 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 REN EWAL
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 GOVERNME NT 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 MAY ENT ER INTO AN INDENTURE OF TRUST WITH ANY PR IVATE
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 Ch. 210 2023 LAWS OF MARYLAND
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PURCHASER FOR THE AD EQUATE SECURITY OF T HE BONDS.
(B) BONDS ISSUED UNDER TH IS SECTION DO NOT CO NSTITUTE AN
INDEBTEDNESS WITHIN THE MEANING O F ANY CONSTITUTIONAL OR STATUTORY
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 A ND 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 MANNE R; AND
(11) HAVE OTHER CHARACTERISTICS , AS ARE PROVIDED BY T HE
RESOLUTION, TRUST INDENTURE , OR MORTGAGE ISSUED P URSUANT TO IT.
WES MOORE, Governor Ch. 210
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(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 S ALE IN A
NEWSPAPER HAVIN G A GENERAL CIRCULAT ION IN THE AREA IN W HICH 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
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 MUNICIPALITY 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 ISSUED UNDER THIS APPENDIX
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 OBLIGATI ONS OF THE
MUNICIPALITY IN ACCO RDANCE WITH THEIR TERM S. 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 CONSIDERED CONCLUSIV ELY TO HAVE BEEN PLA NNED,
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 LOAN AS SOCIATIONS, 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 OTH ER
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 Ch. 210 2023 LAWS OF MARYLAND
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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 OBLIGATI ONS WITH INTEREST TO MATURITY
ON THEM. THE MONEYS UNDER THE TER MS OF THE AGREEMENT 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 INVESTMENTS , THIS SECTION MAY NO T 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.