A. An authority may adopt a redevelopment plan for a designated redevelopment area to address blighted areas and in particular is specifically empowered to carry out any work or undertaking in the redevelopment area, including any or all of the following:
1. Acquire blighted areas, which are hereby defined in § 36-3;
2. Acquire other real property for the purpose of removing, preventing, or reducing blight;
3. Acquire real property where the condition of the title, the diverse ownership of the real property to be assembled, 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 redevelopment plan;
4. Permit the preservation, repair, or restoration of buildings of historic interest; and to clear any areas acquired and install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation of sites for uses in accordance with the redevelopment plan;
5. Provide for the conservation of portions of the project area and the rehabilitation to project standards as stated in the redevelopment plan of buildings within the project area, where such rehabilitation is deemed by the authority to be feasible and consistent with project objectives;
6. Make land so acquired available to nongovernmental persons or entities or public agencies (including sale, leasing, or retention by the authority itself) in accordance with the redevelopment plan;
7. Assist the reconstruction of project areas by making loans or grants of funds received from any public or private source, for the purpose of facilitating the construction, reconstruction, rehabilitation or sale of housing or other improvements constructed or to be constructed on land situated within the boundaries of a redevelopment project;
8. Acquire, construct or rehabilitate residential housing developments for occupancy by persons of low, moderate and middle income to be owned, operated, managed, leased, conveyed, mortgaged, encumbered or assigned by an authority. Income limits for such persons shall be determined for each redevelopment project by an authority by resolution adopted by a majority of its appointed commissioners, shall be adjusted for household size and may be revised as an authority deems appropriate. In connection with a residential housing development, an authority shall have all rights, powers and privileges granted by subdivision 4 of § 36-19;
9. Accomplish any combination of the foregoing to carry out a redevelopment plan; and
10. Exercise such other powers as are authorized by law.
B. No redevelopment plan shall be effective until notice has been sent to the property owner or owners of record in accordance with subsection B of § 36-27 and the redevelopment plan has been approved by the local governing body.
1946, p. 278; Michie Suppl. 1946, § 3145(8b); 1962, c. 336; 1972, cc. 466, 782; 1980, c. 133; 1988, cc. 572, 591; 2006, c. 784.
Notes of Decisions
Bristol Redevelopment & Hous. Auth. v. Denton, 93 S.E.2d 288 (Va. 1956).
· cites it 24× “There we held that the statute which empowered the housing authority to acquire by eminent domain and rehabilitate properties in a slum, blighted or deteriorated area as defined in Code, § 36-49, is constitutional; that the local authority had been legally constituted; and that…”
Hunter v. Norfolk Redevelopment & Hous. Auth., 78 S.E.2d 893 (Va. 1953).
· cites it 6× “” Code, § 36-49. Under section 8-c, “In undertaking redevelopment projects an authority shall have all the rights, powers, privileges, and immunities that such authority has in connection with undertaking slum clearance and housing projects (including, * * * the power * * * to…”
Rudder v. Wise Cnty. Redevelopment & Hous. Auth., 249 S.E.2d 177 (Va. 1978).
· cites it 6× “These were engineers and consultants who had made reports, based upon detailed inspection of the area and of the exteriors and interiors of the structures therein, that the project area was blighted or deteriorated within the meaning of Code § 36-49 and was eligible for…”
Infants v. Virginia Hous. Dev. Auth., 272 S.E.2d 649 (Va. 1980).
· cites it 2× “-(a) Whenever it appears to the governing body of any city that a portion of such city (i) is blighted or deteriorated, as provided in § 36-49(1), (ii) is deteriorating, as provided in § 36-49.”
Norfolk Fed'n of Bus. Districts v. Dep't of Hous. & Urban Dev., 932 F. Supp. 730 (E.D. Va. 1996).
· cites it 13× “Va.Code § 36-49. These statutory authorizations are among those lawfully employed by NRHA in this case in efforts to successfully implement its Redevelopment Plan for the “Downtown Redevelopment Project—North.”
Norfolk Redevelopment & Hous. Auth. v. Cent. Radio, Inc., 82 Va. Cir. 240 (Norfolk Cir. Ct. 2011).
· cites it 8× “See Va. Code Ann. § 36-49 (2010). In 1998, with the Norfolk City Council’s approval, NRHA adopted the Hampton Boulevard Redevelopment Project (“Redevelopment Project”), to redevelop what NRHAhad determined to be a blighted area near Old Dominion University (“ODU”) within the…”
Hoy v. City of Alexandria, 70 Va. Cir. 79 (Alexandria Cir. Ct. 2005).
· cites it 3× “1:1(A) provides, in pertinent part, as follows: [A]n authority, or any locality, shall have the power to acquire or repair any blighted property as defined in § 36-49 . . . and further, shall have the power to hold, clear, repair, manage, or dispose of such property for purposes…”
Norfolk Bus. Dist. v. HUD, 932 F. Supp. 730 (E.D. Va. 1996).
· cites it 15× “Va.Code § 36-49. These statutory authorizations are among those lawfully employed by NRHA in this case in efforts to successfully implement its Redevelopment Plan for the "Downtown Redevelopment Project North.”
Martin v. Norfolk Redevelopment & Hous. Auth., 140 S.E.2d 673 (Va. 1965).
“” The park was constructed and maintained by the city until a redevelopment project, as defined in § 36-49 of the Code, was undertaken, with the approval of the city, which involved the abandonment of Taylor Park and the building and operating of another park in the same area in…”
PKO Ventures, LLC v. Norfolk Redev't & Hous. Auth. (Va. 2013).
· cites it 11× “Creation of the Redevelopment Project and Earlier Acquisitions In January 1998, the Council of the City of Norfolk approved the Hampton Boulevard Redevelopment Project ("the Redevelopment Project") created by the Norfolk Redevelopment and Housing Authority ("NRHA") under the…”
— Va. Code Ann. § 36-49(1) — 4 cases
Bristol Redevelopment & Hous. Auth. v. Denton, 93 S.E.2d 288 (Va. 1956).
“There we held that the statute which empowered the housing authority to acquire by eminent domain and rehabilitate properties in a slum, blighted or deteriorated area as defined in Code, § 36-49, is constitutional; that the local authority had been legally constituted; and that…”
Infants v. Virginia Hous. Dev. Auth., 272 S.E.2d 649 (Va. 1980).
“-(a) Whenever it appears to the governing body of any city that a portion of such city (i) is blighted or deteriorated, as provided in § 36-49(1), (ii) is deteriorating, as provided in § 36-49.”
— Va. Code Ann. § 36-49(4) — 1 case
Hoy v. City of Alexandria, 70 Va. Cir. 79 (Alexandria Cir. Ct. 2005).
“1:1(A) provides, in pertinent part, as follows: [A]n authority, or any locality, shall have the power to acquire or repair any blighted property as defined in § 36-49 . . . and further, shall have the power to hold, clear, repair, manage, or dispose of such property for purposes…”
— Va. Code Ann. § 36-49(A)(1) — 2 cases
PKO Ventures, LLC v. Norfolk Redev't & Hous. Auth. (Va. 2013).
“Creation of the Redevelopment Project and Earlier Acquisitions In January 1998, the Council of the City of Norfolk approved the Hampton Boulevard Redevelopment Project ("the Redevelopment Project") created by the Norfolk Redevelopment and Housing Authority ("NRHA") under the…”
— Va. Code Ann. § 36-49(A)(l) — 1 case
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