Exercise of Redevelopment Powers by Municipalities and Counties; Delegation to Redevelopment Agency or Housing Authority

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  1. A municipality or county may itself exercise its "urban redevelopment project powers," as defined in subsection (b) of this Code section, or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban redevelopment agency created by Code Section 36-61-18 or by a housing authority, if one exists or is subsequently established in the community, or by an existing or subsequently established downtown development authority. In the event that the local governing body makes such determination, the urban redevelopment agency or the housing authority or downtown development authority, as the case may be, shall be vested with all of the "urban redevelopment project powers" of the municipality or county conferred in this chapter, in the same manner as though all such powers were conferred on the agency or authority instead of the municipality or county; and any public body may cooperate with the urban redevelopment agency or housing authority or the downtown development authority to the same extent that it could cooperate with the municipality or county itself if the municipality or county were exercising its urban redevelopment project powers. If the local governing body does not elect to make such determination, the municipality or county in its discretion may exercise its urban redevelopment project powers through a board or commissioner or through such officers of the municipality or county as the local governing body may by resolution determine.
  2. As used in this Code section, the term "urban redevelopment project powers" shall include all of the rights, powers, functions, duties, privileges, immunities, and exemptions granted to a municipality or county under this chapter, except the following:
    1. The power to determine an area to be a pocket of blight and to designate such area as appropriate for an urban redevelopment project;
    2. The power to approve and amend urban redevelopment plans;
    3. The power to establish a general plan for the locality as a whole;
    4. The power to formulate a workable program under Code Section 36-61-6;
    5. The powers, duties, and functions referred to in Code Section 36-61-11;
    6. The power to make the determinations and findings provided for in Code Section 36-61-4, Code Section 36-61-5, and subsection (d) of Code Section 36-61-7;
    7. The power to issue general obligation bonds; and
    8. The power to appropriate funds, to levy taxes and assessments, and to exercise other powers provided for in paragraph (8) of Code Section 36-61-8.

(Ga. L. 1955, p. 354, § 16; Ga. L. 1982, p. 3, § 36; Ga. L. 1987, p. 3, § 36; Ga. L. 1992, p. 2533, § 15; Ga. L. 2015, p. 1318, § 8/HB 174.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 40A Am. Jur. 2d, Housing Laws and Urban Redevelopment, §§ 1 et seq., 16.


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