Housing authorities may carry out transit-oriented redevelopment projects and exercise listed related powers, but they may not use eminent domain to eliminate transit-deficient areas.
Any housing authority established under this chapter may carry out any transit-oriented redevelopment project and to that end may: Acquire transit-deficient areas; Acquire other real property for the purpose of removing, preventing, or reducing: Blight resulting from transit deficiency; Blighting factors resulting from transit deficiency; or The causes of blight resulting from transit deficiency; Acquire real property where the condition of the title, the diverse ownership of the aggregate real property to be acquired, the street or lot layouts, or other conditions prevent a proper development of the property, and where the acquisition of the area by the authority is necessary to carry out a transit-oriented redevelopment plan; Acting on its own or through third parties engaged to act on the housing authority's behalf: Clear any areas acquired, including: Relocation of utility facilities; Demolition, in whole or in part, of buildings and improvements located on the acquired property; and Removal or remediation of any environmental contamination; Install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation and development of sites for uses in accordance with a transit-oriented redevelopment plan; Install, construct, or reconstruct parks, public open spaces, public playgrounds, pedestrian ways, and all parking structures, regardless of use, in accordance with a transit-oriented redevelopment plan; Install, construct, or reconstruct privately-owned affordable housing or workforce housing as those terms are defined in § 5-9-113; Pay expenses for relocation, administrative costs, planning and engineering costs, energy efficiency costs, and legal expenses associated with exercising the powers granted in this section or with carrying out a transit-oriented redevelopment plan; Pay the design costs, commissioning costs and fees, and costs of required documentation associated with meeting the requirements of Leadership in Energy and Environmental Design (LEED), Green Globes, or other similar programs, as well as greening costs and energy modeling costs for certification by such programs of new construction, existing buildings, and other projects; Install, construct, add to, improve, or reconstruct public infrastructure, including high capacity transit facilities, water, solid waste, transportation, telecommunication, energy use capture and transmittal, power systems, and alternative power systems or alternate power projects that incorporate principles of urban sustainability, eco-efficiency, and global sustainable development; and Take all other necessary actions designed to further the goals and local objectives articulated in the transit-oriented redevelopment plan; Sell or lease acquired land for uses in accordance with the transit-oriented redevelopment plan; Use any combination of powers specified in this section to carry out a transit-oriented redevelopment plan; Have and enjoy all the rights, powers, privileges, and immunities granted to housing authorities under this chapter or any other provisions of law relating to slum clearance and housing projects for persons of low income; and Borrow money upon its bonds, notes, or other evidences of indebtedness to finance any action authorized pursuant to this section and to carry out a transit-oriented redevelopment plan and, to the extent permitted by § 9-23-103, secure the same by pledges of its income and revenues generally or its income and revenues from a particular redevelopment project or projects, including moneys received by any authority and placed in a special fund or funds pursuant to tax increment financing provisions contained in a transit-oriented redevelopment plan, or from grants or contributions from any government, or in any other manner. Nothing contained in § 13-20-113 or § 13-20-413 shall be construed as limiting the power of an authority, in the event of default by a purchaser or lessee of land in a transit-oriented redevelopment plan, to acquire property and operate it free from restrictions contained in §§ 13-20-113 and 13-20-413 relating to tenant selection or operation without profit. Notwithstanding subsection (a), the authority shall not use eminent domain to eliminate transit-deficient areas; provided, that the authority may use eminent domain to acquire land, or interests in land, for public facilities and public infrastructure, including high capacity transit facilities.