CITIZEN'S ALERT: The EMINENT City of Los Angeles Claims Rights to Their DOMAIN on FRIDAY
File Number
07-1417
PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN
Initiated by: Your Shady Community Redevelopment Agency (CRA)
Subject: Communication from the Community Redevelopment Agency 5105, dated March 3, 2007, relative to various actions [gotta watch those unspecified "various actions", y'all] related to,
"The Program to Acquire Real Property by Eminent Domain," pursuant to Health and Safety Code Section 33342.7, Senate Bill 53 (2006). [IT'S A MATTER OF HEALTH AND SAFETY, Y'ALL...SO HAND IT OVER NOW, PLEASE -- NO QUESTIONS AKSED!]
Date Received
05/07/2007
Revised bullsh*t from the Community Robbers Agency (CRA) 5105, dated May 3, 2007, relative to various actions related to "The Program to Acquire Real Property by Eminent Domain," pursuant to Health and Safety Code Section 33342.7, Senate Bill 53 (2006), is attached to file.
...A draft ordinance adopting The Program to Acquire Real Property by Eminent Domain for all current redevelopment project areas of the Community Redevelopment Agency of the City of Los Angeles, pursuant to SB 53.
HELL NAW, ********?!?! Y'all need to register at a medical marijuana co-op to get the good stuff so y'all won't trip on your eminent greed and corruption.
BETTER HAVE THE FIRE MARSHALL AT CITY HALL ON FRIDAY FOR THIS ONE...NEIGHBORHOOD COUCNCILS -- HOMEOWNER'S (NOT BUSINESS) ASSOCIATIONS -- ACTIVISTS -- I WOULD SAY THIS IS THE DAY OF THE YEAR Y'ALL NEED TO TAKE THE DAY OFF WORK, OR GET A BABYSITTER FO YO KIDZ...AND GET YOUR AZZ DOWN TO COUNCIL CHAMBERS AND LET THEM KNOW HOW YOU FEEL ABOUT THOSE COMMUNITY ROBBING, CULTURAL GENTRIFYING, IN CAHOOTS WITH THE SHADIEST OF SHADIEWS, NON-LOAN REPAYING, COMMUNITY ROBBING ASSHOLES (CRA) TAKING YOUR HOMES FOR THEIR UN-NECESSARY, HIGH PROFIT, SCHEMES.
City Hall...Spring Street 9:30am FRIDAY. Bring someone else with you. SEE YOU IN CAHOOTSVILLE CENTRAL!
The bill would require a redevelopment agency to find, based on "substantial
evidence", that "significant" blight remains in the project area and cannot be
eliminated "without" the use of eminent domain before amending a redevelopment plan to extend the time limitation for the commencement of eminent domain proceedings to acquire property within the project area.
contact: zumadogg@gmail.com
CLICK READ MORE FOR MORE ON CRA EMENENT DOMAIN
Senate Bill No. 53
CHAPTER 591
An act to amend Sections 33333.2 and 33333.4 of, and to add Sections
33342.5 and 33342.7 to, the Health and Safety Code, relating to
redevelopment.
[Approved by Governor September 29, 2006. Filed with
Secretary of State September 29, 2006.]
legislative counsel’s digest
SB 53, Kehoe. Redevelopment.
The Community Redevelopment Law authorizes the establishment of
redevelopment agencies in communities in order to address the effects of
blight, as defined, in those communities and requires those agencies to
prepare, or cause to be prepared, and approve a redevelopment plan for
each project area. Existing law requires that a redevelopment plan contain
certain provisions and authorizes a plan to provide for the agency to
acquire by gift, purchase, lease, or condemnation all or part of the real
property in the project area. Existing law permits an agency to extend the
time limitation for commencement of eminent domain proceedings to
acquire property within the project area only by amending the
redevelopment plan.
This bill would require redevelopment plans to contain a description of
the agency’s program to acquire real property by eminent domain,
including prohibitions, if any, on the use of eminent domain. The bill
would require a redevelopment agency to find, based on substantial
evidence, that significant blight remains in the project area and cannot be
eliminated without the use of eminent domain before amending a
redevelopment plan to extend the time limitation for the commencement of
eminent domain proceedings to acquire property within the project area.
By requiring a redevelopment agency that has adopted a final
redevelopment plan on or before January 1, 2007, to amend that plan, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
95
The people of the State of California do enact as follows:
SECTION 1. Section 33333.2 of the Health and Safety Code is
amended to read:
33333.2. (a) A redevelopment plan containing the provisions set forth
in Section 33670 shall contain all of the following limitations. A
redevelopment plan that does not contain the provisions set forth in
Section 33670 shall contain the limitations in paragraph (4):
(1) (A) A time limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes received
pursuant to Section 33670 to finance in whole or in part the redevelopment
project, which may not exceed 20 years from the adoption of the
redevelopment plan, except by amendment of the redevelopment plan as
authorized by subparagraph (B). This limit, however, shall not prevent
agencies from incurring debt to be paid from the Low and Moderate
Income Housing Fund or establishing more debt in order to fulfill the
agency’s housing obligations under subdivision (a) of Section 33333.8.
The loans, advances, or indebtedness may be repaid over a period of time
longer than this time limit as provided in this section. No loans, advances,
or indebtedness to be repaid from the allocation of taxes shall be
established or incurred by the agency beyond this time limitation. This
limit shall not prevent agencies from refinancing, refunding, or
restructuring indebtedness after the time limit if the indebtedness is not
increased and the time during which the indebtedness is to be repaid is not
extended beyond the time limit to repay indebtedness required by this
section.
(B) The time limitation established by subparagraph (A) may be
extended only by amendment of the redevelopment plan after the agency
finds, based on substantial evidence, that (i) significant blight remains
within the project area; and (ii) this blight cannot be eliminated without the
establishment of additional debt. However, this amended time limitation
may not exceed 30 years from the effective date of the ordinance adopting
the redevelopment plan, except as necessary to comply with subdivision
(a) of Section 33333.8.
(2) A time limit, not to exceed 30 years from the adoption of the
redevelopment plan, on the effectiveness of the redevelopment plan. After
the time limit on the effectiveness of the redevelopment plan, the agency
shall have no authority to act pursuant to the redevelopment plan except to
pay previously incurred indebtedness and to enforce existing covenants or
contracts, unless the agency has not completed its housing obligations
pursuant to subdivision (a) of Section 33333.8, in which case the agency
shall retain its authority to implement requirements under subdivision (a)
of Section 33333.8, including its ability to incur and pay indebtedness for
this purpose, and shall use this authority to complete these housing
obligations as soon as is reasonably possible.
(3) A time limit, not to exceed 45 years from the adoption of the
redevelopment plan, to repay indebtedness with the proceeds of property
95
— 2 — Ch. 591
taxes received pursuant to Section 33670. After the time limit established
pursuant to this paragraph, an agency may not receive property taxes
pursuant to Section 33670, except as necessary to comply with subdivision
(a) of Section 33333.8.
(4) A time limit, not to exceed 12 years from the adoption of the
redevelopment plan, for commencement of eminent domain proceedings to
acquire property within the project area. This time limitation may be
extended only by amendment of the redevelopment plan after the agency
finds, based on substantial evidence, both of the following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of eminent
domain.
(b) If a redevelopment plan is amended to add territory, the amendment
shall contain the time limits required by this section.
(c) When an agency is required to make a payment pursuant to Section
33681.9, the legislative body may amend the redevelopment plan to extend
the time limits required pursuant to paragraphs (2) and (3) of subdivision
(a) by one year by adoption of an ordinance. In adopting this ordinance,
neither the legislative body nor the agency is required to comply with
Section 33354.6, Article 12 (commencing with Section 33450), or any
other provision of this part relating to the amendment of redevelopment
plans.
(d) When an agency is required pursuant to Section 33681.12 to make a
payment to the county auditor for deposit in the county’s Educational
Revenue Augmentation Fund created pursuant to Article 3 (commencing
with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and
Taxation Code, the legislative body may amend the redevelopment plan to
extend the time limits required pursuant to paragraphs (2) and (3) of
subdivision (a) by the following:
(1) One year for each year in which a payment is made, if the time limit
for the effectiveness of the redevelopment plan established pursuant to
paragraph (2) of subdivision (a) is 10 years or less from the last day of the
fiscal year in which such a payment is made.
(2) One year for each year in which a payment is made, if both of the
following apply:
(A) The time limit for the effectiveness of the redevelopment plan
established pursuant to paragraph (2) of subdivision (a) is more than 10
years but less than 20 years from the last day of the fiscal year in which a
payment is made.
(B) The legislative body determines in the ordinance adopting the
amendment that, with respect to the project, all of the following apply:
(i) The agency is in compliance with the requirements of Section
33334.2 or 33334.6, as applicable.
(ii) The agency has adopted an implementation plan in accordance with
the requirements of Section 33490.
(iii) The agency is in compliance with subdivisions (a) and (b) of
Section 33413, to the extent applicable.
95
Ch. 591 — 3 —
(iv) The agency is not subject to sanctions pursuant to subdivision (e)
of Section 33334.12 for failure to expend, encumber, or disburse an excess
surplus.
(3) This subdivision shall not apply to any redevelopment plan if the
time limits for the effectiveness of the redevelopment plan established
pursuant to paragraph (2) of subdivision (a) is more than 20 years after the
last day of the fiscal year in which a payment is made.
(4) The legislative body by ordinance may adopt the amendments
provided for under this subdivision following a public hearing. Notice of
the public hearing shall be mailed to the governing body of each of the
affected taxing entities at least 30 days prior to the hearing. Notice shall
also be published in a newspaper of general circulation in the community
at least once, not less than 10 days prior to the date of the public hearing.
The ordinance shall contain a finding of the legislative body that funds
used to make a payment to the county’s Educational Revenue
Augmentation Fund pursuant to Section 33681.12 would otherwise have
been used to pay the costs of projects and activities necessary to carry out
the goals and objectives of the redevelopment plan. In adopting an
ordinance pursuant to this subdivision, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part.
(e) This section shall apply only to redevelopment projects for which a
final redevelopment plan is adopted pursuant to Article 5 (commencing
with Section 33360) on or after January 1, 1994, and to amendments that
add territory and that are adopted on or after January 1, 1994.
SEC. 2. Section 33333.4 of the Health and Safety Code is amended to
read:
33333.4. (a) Every legislative body that adopted a final redevelopment
plan prior to October 1, 1976, that contains the provisions set forth in
Section 33670 but does not contain all of the limitations required by
Section 33333.2, shall adopt an ordinance on or before December 31,
1986, that contains all of the following:
(1) A limitation on the number of dollars of taxes that may be divided
and allocated to the redevelopment agency pursuant to the plan, including
any amendments to the plan. Taxes shall not be divided and shall not be
allocated to the redevelopment agency beyond that limitation, except as
necessary to comply with subdivision (a) of Section 33333.8.
(2) A time limit on the establishing of loans, advances, and
indebtedness to finance in whole, or in part, the redevelopment project. No
loans, advances, or indebtedness to be repaid from the allocation of taxes
shall be established or incurred by the agency beyond the time limitation,
except as necessary to comply with subdivision (a) of Section 33333.8.
(3) A time limit, not to exceed 12 years, for commencement of eminent
domain proceedings to acquire property within the project area. This time
limitation may be extended only by amendment of the redevelopment plan
after the agency finds, based on substantial evidence, both of the
following:
95
— 4 — Ch. 591
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of eminent
domain.
(b) The limitations established in the ordinance adopted pursuant to this
section shall apply to the redevelopment plan as if the redevelopment plan
had been amended to include those limitations. However, in adopting the
ordinance, neither the legislative body nor the agency is required to
comply with Article 12 (commencing with Section 33450) or any other
provision of this part relating to the amendment of redevelopment plans.
(c) The limitations established in the ordinance adopted pursuant to this
section shall not be applied to limit allocation of taxes to an agency to the
extent required to eliminate project deficits created under subdivision (g)
of Section 33334.6 in accordance with the plan adopted pursuant thereto
for the purpose of eliminating the deficit or to comply with subdivision (a)
of Section 33333.8. In the event of a conflict between these limitations and
the obligations under Section 33334.6 or subdivision (a) of Section
33333.8, the legislative body shall amend the ordinance adopted pursuant
to this section to modify the limitations to the extent necessary to permit
compliance with the plan adopted pursuant to subdivision (g) of Section
33334.6, to permit compliance with subdivision (a) of Section 33333.8,
and to allow full expenditure of moneys in the agency’s Low and
Moderate Income Housing Fund in accordance with Section 33334.3. The
procedure for amending the ordinance pursuant to this subdivision shall be
the same as for adopting the ordinance under subdivision (b).
(d) This section shall not be construed to allow the impairment of any
obligation or indebtedness incurred by the legislative body or the agency
pursuant to this part.
(e) In any litigation to challenge or attack any ordinance adopted
pursuant to this section, the court shall sustain the actions of the legislative
body and the agency unless the court finds those actions were arbitrary or
capricious. The Legislature finds and declares that this is necessary
because redevelopment agencies with project areas established prior to
October 1, 1976, have incurred existing obligations and indebtedness and
have adopted projects, programs, and activities with the authority to
receive and pledge the entire allocation of taxes authorized by Section
33670 and that it is necessary to protect against the possible impairment of
existing obligations and indebtedness and to allow the completion of
adopted projects and programs.
(f) The ordinance adopted by the legislative body in compliance with
this section does not relieve any agency of its obligations under Section
33333.8, 33334.2, 33334.3, Article 9 (commencing with Section 33410),
or any other requirement contained in this part.
(g) A redevelopment plan adopted on or after October 1, 1976, and
prior to January 1, 1994, containing the provisions set forth in Section
33670, shall also contain:
(1) A limitation on the number of dollars of taxes that may be divided
and allocated to the agency pursuant to the plan, including any
95
Ch. 591 — 5 —
amendments to the plan. Taxes shall not be divided and shall not be
allocated to the agency beyond this limitation, except pursuant to
amendment of the redevelopment plan, or as necessary to comply with
subdivision (a) of Section 33333.8.
(2) A time limit, not to exceed 12 years, for commencement of eminent
domain proceedings to acquire property within the project area. This time
limitation may be extended only by amendment of the redevelopment plan
after the agency finds, based on substantial evidence, both of the
following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of eminent
domain.
SEC. 3. Section 33342.5 is added to the Health and Safety Code, to
read:
33342.5. (a) A redevelopment plan adopted on or after January 1,
2007, shall describe the agency’s program to acquire real property by
eminent domain.
(b) The plan may prohibit the agency from acquiring by eminent
domain specified types of real property, including, but not limited to,
owner-occupied residences, single-family residences, or any residential
property. The plan may prohibit the agency from acquiring by eminent
domain real property in specified locations within the project area.
(c) An agency’s program to acquire real property by eminent domain
may be changed only by amending the redevelopment plan pursuant to
Article 12 (commencing with Section 33450).
SEC. 4. Section 33342.7 is added to the Health and Safety Code, to
read:
33342.7. (a) A legislative body that adopted a final redevelopment
plan before January 1, 2007, shall adopt an ordinance on or before July 1,
2007, that contains a description of the agency’s program to acquire real
property by eminent domain. The plan may prohibit the agency from
acquiring by eminent domain specified types of real property, including,
but not limited to, owner-occupied residences, single-family residences, or
any residential property. The plan may prohibit the agency from acquiring
by eminent domain real property in specified locations within the project
area.
(b) An agency’s program to acquire real property by eminent domain
may be changed only by amending the redevelopment plan, pursuant to
Article 12 (commencing with Section 33450).
SEC. 5. If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.
O
95
— 6 — Ch. 591
07-1417
PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN
Initiated by: Your Shady Community Redevelopment Agency (CRA)
Subject: Communication from the Community Redevelopment Agency 5105, dated March 3, 2007, relative to various actions [gotta watch those unspecified "various actions", y'all] related to,
"The Program to Acquire Real Property by Eminent Domain," pursuant to Health and Safety Code Section 33342.7, Senate Bill 53 (2006). [IT'S A MATTER OF HEALTH AND SAFETY, Y'ALL...SO HAND IT OVER NOW, PLEASE -- NO QUESTIONS AKSED!]
Date Received
05/07/2007
Revised bullsh*t from the Community Robbers Agency (CRA) 5105, dated May 3, 2007, relative to various actions related to "The Program to Acquire Real Property by Eminent Domain," pursuant to Health and Safety Code Section 33342.7, Senate Bill 53 (2006), is attached to file.
...A draft ordinance adopting The Program to Acquire Real Property by Eminent Domain for all current redevelopment project areas of the Community Redevelopment Agency of the City of Los Angeles, pursuant to SB 53.
HELL NAW, ********?!?! Y'all need to register at a medical marijuana co-op to get the good stuff so y'all won't trip on your eminent greed and corruption.
BETTER HAVE THE FIRE MARSHALL AT CITY HALL ON FRIDAY FOR THIS ONE...NEIGHBORHOOD COUCNCILS -- HOMEOWNER'S (NOT BUSINESS) ASSOCIATIONS -- ACTIVISTS -- I WOULD SAY THIS IS THE DAY OF THE YEAR Y'ALL NEED TO TAKE THE DAY OFF WORK, OR GET A BABYSITTER FO YO KIDZ...AND GET YOUR AZZ DOWN TO COUNCIL CHAMBERS AND LET THEM KNOW HOW YOU FEEL ABOUT THOSE COMMUNITY ROBBING, CULTURAL GENTRIFYING, IN CAHOOTS WITH THE SHADIEST OF SHADIEWS, NON-LOAN REPAYING, COMMUNITY ROBBING ASSHOLES (CRA) TAKING YOUR HOMES FOR THEIR UN-NECESSARY, HIGH PROFIT, SCHEMES.
City Hall...Spring Street 9:30am FRIDAY. Bring someone else with you. SEE YOU IN CAHOOTSVILLE CENTRAL!
The bill would require a redevelopment agency to find, based on "substantial
evidence", that "significant" blight remains in the project area and cannot be
eliminated "without" the use of eminent domain before amending a redevelopment plan to extend the time limitation for the commencement of eminent domain proceedings to acquire property within the project area.
contact: zumadogg@gmail.com
CLICK READ MORE FOR MORE ON CRA EMENENT DOMAIN
Senate Bill No. 53
CHAPTER 591
An act to amend Sections 33333.2 and 33333.4 of, and to add Sections
33342.5 and 33342.7 to, the Health and Safety Code, relating to
redevelopment.
[Approved by Governor September 29, 2006. Filed with
Secretary of State September 29, 2006.]
legislative counsel’s digest
SB 53, Kehoe. Redevelopment.
The Community Redevelopment Law authorizes the establishment of
redevelopment agencies in communities in order to address the effects of
blight, as defined, in those communities and requires those agencies to
prepare, or cause to be prepared, and approve a redevelopment plan for
each project area. Existing law requires that a redevelopment plan contain
certain provisions and authorizes a plan to provide for the agency to
acquire by gift, purchase, lease, or condemnation all or part of the real
property in the project area. Existing law permits an agency to extend the
time limitation for commencement of eminent domain proceedings to
acquire property within the project area only by amending the
redevelopment plan.
This bill would require redevelopment plans to contain a description of
the agency’s program to acquire real property by eminent domain,
including prohibitions, if any, on the use of eminent domain. The bill
would require a redevelopment agency to find, based on substantial
evidence, that significant blight remains in the project area and cannot be
eliminated without the use of eminent domain before amending a
redevelopment plan to extend the time limitation for the commencement of
eminent domain proceedings to acquire property within the project area.
By requiring a redevelopment agency that has adopted a final
redevelopment plan on or before January 1, 2007, to amend that plan, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
95
The people of the State of California do enact as follows:
SECTION 1. Section 33333.2 of the Health and Safety Code is
amended to read:
33333.2. (a) A redevelopment plan containing the provisions set forth
in Section 33670 shall contain all of the following limitations. A
redevelopment plan that does not contain the provisions set forth in
Section 33670 shall contain the limitations in paragraph (4):
(1) (A) A time limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes received
pursuant to Section 33670 to finance in whole or in part the redevelopment
project, which may not exceed 20 years from the adoption of the
redevelopment plan, except by amendment of the redevelopment plan as
authorized by subparagraph (B). This limit, however, shall not prevent
agencies from incurring debt to be paid from the Low and Moderate
Income Housing Fund or establishing more debt in order to fulfill the
agency’s housing obligations under subdivision (a) of Section 33333.8.
The loans, advances, or indebtedness may be repaid over a period of time
longer than this time limit as provided in this section. No loans, advances,
or indebtedness to be repaid from the allocation of taxes shall be
established or incurred by the agency beyond this time limitation. This
limit shall not prevent agencies from refinancing, refunding, or
restructuring indebtedness after the time limit if the indebtedness is not
increased and the time during which the indebtedness is to be repaid is not
extended beyond the time limit to repay indebtedness required by this
section.
(B) The time limitation established by subparagraph (A) may be
extended only by amendment of the redevelopment plan after the agency
finds, based on substantial evidence, that (i) significant blight remains
within the project area; and (ii) this blight cannot be eliminated without the
establishment of additional debt. However, this amended time limitation
may not exceed 30 years from the effective date of the ordinance adopting
the redevelopment plan, except as necessary to comply with subdivision
(a) of Section 33333.8.
(2) A time limit, not to exceed 30 years from the adoption of the
redevelopment plan, on the effectiveness of the redevelopment plan. After
the time limit on the effectiveness of the redevelopment plan, the agency
shall have no authority to act pursuant to the redevelopment plan except to
pay previously incurred indebtedness and to enforce existing covenants or
contracts, unless the agency has not completed its housing obligations
pursuant to subdivision (a) of Section 33333.8, in which case the agency
shall retain its authority to implement requirements under subdivision (a)
of Section 33333.8, including its ability to incur and pay indebtedness for
this purpose, and shall use this authority to complete these housing
obligations as soon as is reasonably possible.
(3) A time limit, not to exceed 45 years from the adoption of the
redevelopment plan, to repay indebtedness with the proceeds of property
95
— 2 — Ch. 591
taxes received pursuant to Section 33670. After the time limit established
pursuant to this paragraph, an agency may not receive property taxes
pursuant to Section 33670, except as necessary to comply with subdivision
(a) of Section 33333.8.
(4) A time limit, not to exceed 12 years from the adoption of the
redevelopment plan, for commencement of eminent domain proceedings to
acquire property within the project area. This time limitation may be
extended only by amendment of the redevelopment plan after the agency
finds, based on substantial evidence, both of the following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of eminent
domain.
(b) If a redevelopment plan is amended to add territory, the amendment
shall contain the time limits required by this section.
(c) When an agency is required to make a payment pursuant to Section
33681.9, the legislative body may amend the redevelopment plan to extend
the time limits required pursuant to paragraphs (2) and (3) of subdivision
(a) by one year by adoption of an ordinance. In adopting this ordinance,
neither the legislative body nor the agency is required to comply with
Section 33354.6, Article 12 (commencing with Section 33450), or any
other provision of this part relating to the amendment of redevelopment
plans.
(d) When an agency is required pursuant to Section 33681.12 to make a
payment to the county auditor for deposit in the county’s Educational
Revenue Augmentation Fund created pursuant to Article 3 (commencing
with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and
Taxation Code, the legislative body may amend the redevelopment plan to
extend the time limits required pursuant to paragraphs (2) and (3) of
subdivision (a) by the following:
(1) One year for each year in which a payment is made, if the time limit
for the effectiveness of the redevelopment plan established pursuant to
paragraph (2) of subdivision (a) is 10 years or less from the last day of the
fiscal year in which such a payment is made.
(2) One year for each year in which a payment is made, if both of the
following apply:
(A) The time limit for the effectiveness of the redevelopment plan
established pursuant to paragraph (2) of subdivision (a) is more than 10
years but less than 20 years from the last day of the fiscal year in which a
payment is made.
(B) The legislative body determines in the ordinance adopting the
amendment that, with respect to the project, all of the following apply:
(i) The agency is in compliance with the requirements of Section
33334.2 or 33334.6, as applicable.
(ii) The agency has adopted an implementation plan in accordance with
the requirements of Section 33490.
(iii) The agency is in compliance with subdivisions (a) and (b) of
Section 33413, to the extent applicable.
95
Ch. 591 — 3 —
(iv) The agency is not subject to sanctions pursuant to subdivision (e)
of Section 33334.12 for failure to expend, encumber, or disburse an excess
surplus.
(3) This subdivision shall not apply to any redevelopment plan if the
time limits for the effectiveness of the redevelopment plan established
pursuant to paragraph (2) of subdivision (a) is more than 20 years after the
last day of the fiscal year in which a payment is made.
(4) The legislative body by ordinance may adopt the amendments
provided for under this subdivision following a public hearing. Notice of
the public hearing shall be mailed to the governing body of each of the
affected taxing entities at least 30 days prior to the hearing. Notice shall
also be published in a newspaper of general circulation in the community
at least once, not less than 10 days prior to the date of the public hearing.
The ordinance shall contain a finding of the legislative body that funds
used to make a payment to the county’s Educational Revenue
Augmentation Fund pursuant to Section 33681.12 would otherwise have
been used to pay the costs of projects and activities necessary to carry out
the goals and objectives of the redevelopment plan. In adopting an
ordinance pursuant to this subdivision, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part.
(e) This section shall apply only to redevelopment projects for which a
final redevelopment plan is adopted pursuant to Article 5 (commencing
with Section 33360) on or after January 1, 1994, and to amendments that
add territory and that are adopted on or after January 1, 1994.
SEC. 2. Section 33333.4 of the Health and Safety Code is amended to
read:
33333.4. (a) Every legislative body that adopted a final redevelopment
plan prior to October 1, 1976, that contains the provisions set forth in
Section 33670 but does not contain all of the limitations required by
Section 33333.2, shall adopt an ordinance on or before December 31,
1986, that contains all of the following:
(1) A limitation on the number of dollars of taxes that may be divided
and allocated to the redevelopment agency pursuant to the plan, including
any amendments to the plan. Taxes shall not be divided and shall not be
allocated to the redevelopment agency beyond that limitation, except as
necessary to comply with subdivision (a) of Section 33333.8.
(2) A time limit on the establishing of loans, advances, and
indebtedness to finance in whole, or in part, the redevelopment project. No
loans, advances, or indebtedness to be repaid from the allocation of taxes
shall be established or incurred by the agency beyond the time limitation,
except as necessary to comply with subdivision (a) of Section 33333.8.
(3) A time limit, not to exceed 12 years, for commencement of eminent
domain proceedings to acquire property within the project area. This time
limitation may be extended only by amendment of the redevelopment plan
after the agency finds, based on substantial evidence, both of the
following:
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— 4 — Ch. 591
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of eminent
domain.
(b) The limitations established in the ordinance adopted pursuant to this
section shall apply to the redevelopment plan as if the redevelopment plan
had been amended to include those limitations. However, in adopting the
ordinance, neither the legislative body nor the agency is required to
comply with Article 12 (commencing with Section 33450) or any other
provision of this part relating to the amendment of redevelopment plans.
(c) The limitations established in the ordinance adopted pursuant to this
section shall not be applied to limit allocation of taxes to an agency to the
extent required to eliminate project deficits created under subdivision (g)
of Section 33334.6 in accordance with the plan adopted pursuant thereto
for the purpose of eliminating the deficit or to comply with subdivision (a)
of Section 33333.8. In the event of a conflict between these limitations and
the obligations under Section 33334.6 or subdivision (a) of Section
33333.8, the legislative body shall amend the ordinance adopted pursuant
to this section to modify the limitations to the extent necessary to permit
compliance with the plan adopted pursuant to subdivision (g) of Section
33334.6, to permit compliance with subdivision (a) of Section 33333.8,
and to allow full expenditure of moneys in the agency’s Low and
Moderate Income Housing Fund in accordance with Section 33334.3. The
procedure for amending the ordinance pursuant to this subdivision shall be
the same as for adopting the ordinance under subdivision (b).
(d) This section shall not be construed to allow the impairment of any
obligation or indebtedness incurred by the legislative body or the agency
pursuant to this part.
(e) In any litigation to challenge or attack any ordinance adopted
pursuant to this section, the court shall sustain the actions of the legislative
body and the agency unless the court finds those actions were arbitrary or
capricious. The Legislature finds and declares that this is necessary
because redevelopment agencies with project areas established prior to
October 1, 1976, have incurred existing obligations and indebtedness and
have adopted projects, programs, and activities with the authority to
receive and pledge the entire allocation of taxes authorized by Section
33670 and that it is necessary to protect against the possible impairment of
existing obligations and indebtedness and to allow the completion of
adopted projects and programs.
(f) The ordinance adopted by the legislative body in compliance with
this section does not relieve any agency of its obligations under Section
33333.8, 33334.2, 33334.3, Article 9 (commencing with Section 33410),
or any other requirement contained in this part.
(g) A redevelopment plan adopted on or after October 1, 1976, and
prior to January 1, 1994, containing the provisions set forth in Section
33670, shall also contain:
(1) A limitation on the number of dollars of taxes that may be divided
and allocated to the agency pursuant to the plan, including any
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Ch. 591 — 5 —
amendments to the plan. Taxes shall not be divided and shall not be
allocated to the agency beyond this limitation, except pursuant to
amendment of the redevelopment plan, or as necessary to comply with
subdivision (a) of Section 33333.8.
(2) A time limit, not to exceed 12 years, for commencement of eminent
domain proceedings to acquire property within the project area. This time
limitation may be extended only by amendment of the redevelopment plan
after the agency finds, based on substantial evidence, both of the
following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of eminent
domain.
SEC. 3. Section 33342.5 is added to the Health and Safety Code, to
read:
33342.5. (a) A redevelopment plan adopted on or after January 1,
2007, shall describe the agency’s program to acquire real property by
eminent domain.
(b) The plan may prohibit the agency from acquiring by eminent
domain specified types of real property, including, but not limited to,
owner-occupied residences, single-family residences, or any residential
property. The plan may prohibit the agency from acquiring by eminent
domain real property in specified locations within the project area.
(c) An agency’s program to acquire real property by eminent domain
may be changed only by amending the redevelopment plan pursuant to
Article 12 (commencing with Section 33450).
SEC. 4. Section 33342.7 is added to the Health and Safety Code, to
read:
33342.7. (a) A legislative body that adopted a final redevelopment
plan before January 1, 2007, shall adopt an ordinance on or before July 1,
2007, that contains a description of the agency’s program to acquire real
property by eminent domain. The plan may prohibit the agency from
acquiring by eminent domain specified types of real property, including,
but not limited to, owner-occupied residences, single-family residences, or
any residential property. The plan may prohibit the agency from acquiring
by eminent domain real property in specified locations within the project
area.
(b) An agency’s program to acquire real property by eminent domain
may be changed only by amending the redevelopment plan, pursuant to
Article 12 (commencing with Section 33450).
SEC. 5. If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.
O
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Posted by Zuma Dogg @ 5/30/2007 01:09:00 PM
6 Comments:
MEMO TO THE "ZUMA DOGG, ESQUIRE",
You should read the "LA ANTONIA TIMES" editorial on the Supreme Court's "KELO RULING" which uphold the right of public enities to gain control of land, and give it to another "PRIVATE" owner. There is an Assembly Bill that would protect Private Property from these land grabs by public enities. There are also some Ballot Proposals ideas being floated about. It is "INPORTANT" that private property owners keep abreast of these protential counters to the "DRACONIAN KELO RULING".
And we're still mad at the fools you decided that development by pivate companies is "for the common good".
Give me 12 Million of CRA money then allow me to take over a block of homes because we need these homes to build schools which are needed "for the common good"
ED REYES CHUNTA HO CALLED ALICE CORONA AWARED 3 MILLION DOLLARS
WHO GAVE THE AWARD
FREE MONEY, FREE TAX DOLLARS
CRA
SBA
CRA
ALICE CORONA HAS HAD THIS MONEY FOR SEVEN YEARS AND STILL NO BUILDING HAS GONE UP, THE STORY IS SHE IS GOING TO SELL THE BUILDING AND MAKE A PROFIT GIVE THE MONEY BACK THAT THE CITY GAVE HER AND KEEP THE PROFIT FROM OUR TAX DOLLARS!
Don't stay angry. Send a message through Sendahole.com.
Some one called me the other day that the "bullet train" (not approved by the Gov) will be funded, built and finished in TWO YEARS. If they start at Union Station and lay new track from here to las vegas it may be possible that it can be done. Laying track doesnt take that long; especially if you use multiple teams of contractors from CA and Nevada.
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