Public Notice Guide: Housing and Redevelopment
State Housing Law
Prerequisites to condemnation
31-1-460
A limited dividend housing corporation may exercise eminent domain only when the director specifies the acquisition of property and subsequent construction of the housing accomodations and determines exercise of this power, after a public hearing, to be in the public interest. A notice of the public hearing must be placed by the corporation and published in a newspaper chosen by the director that is circulated in the area where the property is located. The time and place of the hearing needs to be stated within the notice and the notice shall be placed at least ten days prior to the hearing.
Section | Notice | Where | When |
|---|---|---|---|
31-1-460 | A notice of a public hearing for the acquisition and changes to housing accommodations. The time and place shall be stated in the notice | A newspaper chosen by the director of the limited dividend housing corporation whether it is published or circulated within the city or county that the property is located in | At least ten days prior to the public hearing |
Exact wording:
“The power of eminent domain shall not be exercised by a limited dividend housing corporation except with specific authorization of such action by the director and for such purpose the director shall specify that the acquisition of the property and the construction of the particular housing accommodations in connection with which the power is required has been determined by the director, after public hearing, to be in the public interest and necessary for the public use. The hearing shall be held at a time and place appointed by the director and notice of such hearing shall be given by the corporation by one publication in a newspaper, designated by the director, published or circulated in the city or county wherein the property is located at least ten days prior to such hearing.”
Housing Authorities Law
A notice of a public hearing for extraterritorial powers of a city housing authority
31-3-410
A public hearing must be held before a council can adopt any resolutions for a housing authority that is not under that municipality. A notice of this public hearing must be placed by the clerk of that municipality in a newspaper of general circulation where the housing authority is located. The notice should run at least ten days prior to the date of the hearing and state the time, place and purpose of the hearing.
Section | Notice | Where | When |
|---|---|---|---|
31-3-410 | A notice of a public hearing on the adoption of resolutions for a different housing authority. The notice shall state the time, place and purpose of the hearing | A newspaper of general circulation where the housing authority is located | At least ten days prior to the hearing |
Exact wording:
“The clerk of the municipality shall give notice of the time, place and purpose of the public hearing at least ten days prior to the date on which the hearing is to be held, in a newspaper published in such municipality or, if there is no newspaper published in such municipality, then in a newspaper published in the State and having a general circulation in such municipality. Upon the date fixed for such public hearing an opportunity to be heard shall be granted to all residents of such municipality and to all other interested persons.”
A notice of a public hearing in terms of the creation or change of regional housing authority
31-3-1140
A resolution cannot be adopted by the legislative delegation of a county in terms of creation or change of regional housing until a public hearing has been held. This public hearing must be published in a newspaper published in the county, or if the county does not have a newspaper, then in a state newspaper with general circulation in the county. The notice must be placed at least ten days before the hearing and needs to state the time, place, and purpose of the hearing.
Section | Notice | Where | When |
|---|---|---|---|
31-3-1140 | A notice of a public hearing being held by the legislative delegation of the county for the creation or change of regional housing authority. The notice shall state the time, place, and purpose of the hearing | A newspaper published in the county, or if the county does not have a newspaper, then in a state newspaper with general circulation in the county | At least ten days prior to the public hearing |
Exact wording:
“The legislative delegation of a county shall not adopt any resolution authorized by Sections 31-3-910, 31-3-1020 or 31-3-1060 and 31-3-1080 unless a public hearing has first been held. The legislative delegation of such county shall give notice of the time, place and purpose of the public hearing at least ten days prior to the day on which the hearing is to be held, in a newspaper published in the county or, if there is no newspaper in the county, then in a newspaper published in the State and having a general circulation in the county. Upon the date fixed for such public hearing an opportunity to be heard shall be granted to all residents of such county and to all other interested persons.”
Tax Increment Financing for Redevelopment Projects
A notice of a public hearing before a redevelopment plan can be approved
31-6-80 (B)
A public hearing must be held on any redevelopment plan or project before adoption can be made. The notice needs to be published in a newspaper with general circulation in the county where any city or taxing districts may be affected. The notice must be placed at least fifteen days and no more than thirty days before the hearing. The notice shall state the time and place, the area of the project, a statement explaining that the public will be heard at the hearing, a description of the redevelopment plan and project, and the estimated length that the obligation term will be issued.
Section | Notice | Where | When |
|---|---|---|---|
31-6-80 (B) | A notice of a public hearing before approval of a redevelopment plan or project. The notice shall state the time and place, the area of the project, a statement explaining that the public will be heard at the hearing, a description of the redevelopment plan and project, and the estimated length that the obligation term will be issued | A newspaper with general circulation in the county that the city or taxing districts will be affected | At least fifteen and no more than thirty days prior to the hearing |
Exact wording:
“(B) Before approving any redevelopment plan under this chapter, the governing body of the municipality must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the municipality and any taxing district affected by the redevelopment plan is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include:
(1) the time and place of the public hearing;
(2) the boundaries of the proposed redevelopment project area;
(3) a notification that all interested persons will be given an opportunity to be heard at the public hearing;
(4) a description of the redevelopment plan and redevelopment project; and
(5) the maximum estimated term of obligations to be issued under the redevelopment plan.”
A notice of any changes or objections
31-6-80 (E)
Changes can be made prior to the adoption of a redevelopment plan or project as long as a notice is published in a newspaper of general circulation within the taxing district that it will affect (and by mail to each affected taxing district). It must be published no less than ten days prior to the adoption of this plan.
Section | Notice | Where | When |
|---|---|---|---|
31-6-80 (E) | A notice of any changes that may be made to the redevelopment plan or project | A newspaper with general circulation within affected taxing districts | No less than ten days prior to the adoption of the plan |
Exact wording:
“(E) Prior to the adoption of an ordinance approving a redevelopment plan pursuant to Section 31-6-80, changes may be made in the redevelopment plan that do not add parcels to or expand the exterior boundaries of the redevelopment project area, change general land uses established pursuant to the redevelopment plan or the proposed use of the proceeds of the obligations in relationship to the redevelopment plan, or extend the maximum amount or term of obligations to be issued under the redevelopment plan, without further hearing or notice, provided that notice of the changes is given by mail to each affected taxing district and by publication in a newspaper or newspapers of general circulation within the taxing districts not less than ten days prior to the adoption of the changes by ordinance. Notice of the adoption of the ordinance must be published by the municipality in a newspaper having general circulation in the affected taxing districts. Any interested party may, within twenty days after the date of publication of the notice of adoption of the redevelopment plan, but not afterwards, challenge the validity of such adoption by action de novo in the court of common pleas in the county in which the redevelopment plan is located.”
A notice of the adoption of the redevelopment plans
31-6-80 (F)(1)(b)
Once a plan or project has been adopted a notice must be published in a newspaper within the affected taxing districts. Action on the adoption can be taken no later than twenty days after the publication.
Section | Notice | Where | When |
|---|---|---|---|
31-6-80 (F)(1)(b) | A notice of the adoption of the redevelopment plan | A newspaper with general circulation within affected taxing districts | Once plan has been adopted |
Exact wording:
“(b) The municipality must publish notice of the adoption of the ordinance in a newspaper having general circulation in the affected taxing districts. Any interested party may, within twenty days after the date of publication of the notice of adoption of the redevelopment plan, but not afterwards, challenge the validity of the adoption by action de novo in the court of common pleas in the county in which the redevelopment plan is located.” Part F (1)
Tax Increment Financing for Counties
A notice of a public hearing before a redevelopment plan can be approved (conditions for issuing obligations)
31-7-80 (B)
A public hearing must be held on any redevelopment plan or project before adoption can be made. The notice needs to be published in a newspaper with general circulation in the county where any city or taxing districts may be affected. The notice must be placed at least fifteen days and no more than thirty days before the hearing. The notice shall state the time and place, the area of the project, a statement explaining that the public will be heard at the hearing, a description of the redevelopment plan and project, and the estimated length that the obligation term will be issued.
Section | Notice | Where | When |
|---|---|---|---|
31-7-80 (B) | A notice of a public hearing before approval of a redevelopment plan or project. The notice shall state the time and place, the area of the project, a statement explaining that the public will be heard at the hearing, a description of the redevelopment plan and project, and the estimated length that the obligation term will be issued | A newspaper with general circulation in the county that the city or taxing districts will be affected | At least fifteen and no more than thirty days prior to the hearing |
Exact wording:
“(B) Before approving any redevelopment plan under this chapter, the governing body of the county must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the county and any taxing district affected by the redevelopment plan is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include:
(1) the time and place of the public hearing;
(2) the boundaries of the proposed redevelopment project area;
(3) a notification that all interested persons will be given an opportunity to be heard at the public hearing;
(4) a description of the redevelopment plan and redevelopment project; and
(5) the maximum estimated term of obligations to be issued under the redevelopment plan.”
A notice of any changes or objections
31-7-80 (E)
Changes can be made prior to the adoption of a redevelopment plan or project as long as a notice is published in a newspaper of general circulation within the taxing district that it will affect (and by mail to each affected taxing district). It must be published no less than ten days prior to the adoption of this plan.
Section | Notice | Where | When |
|---|---|---|---|
31-7-80 (E) | A notice of any changes that may be made to the redevelopment plan or project | A newspaper with general circulation within affected taxing districts | No less than ten days prior to the adoption of the plan |
Exact wording:
“(E) Prior to the adoption of an ordinance approving a redevelopment plan pursuant to Section 31-7-80, changes may be made in the redevelopment plan which do not alter the exterior boundaries or do not substantially affect the general land use established in the plan or substantially change the nature of the redevelopment project, without further hearing or notice, provided that notice of the changes is given by mail to each affected taxing district and by publication in a newspaper or newspapers of general circulation within the taxing districts not less than ten days prior to the adoption of the changes by ordinance. Notice of the adoption of the ordinance must be published by the county in a newspaper having general circulation in the affected taxing districts. Any interested party may, within twenty days after the date of publication of the notice of adoption of the redevelopment plan, but not afterwards, challenge the validity of such adoption by action de novo in the court of common pleas in the county in which the redevelopment plan is located.”
Improvement to Land by Municipalities
Publication of notice of bond issues (improvement to land by municipalities)
31-9-100
After adoption of proceedings allowing the issuance of bonds, a notice of adoption shall be placed at least once in a newspaper having general circulation in the city specifying the amount of bonds to be given. The notice shall also describe the land that is being acquired and the purposes for which it will be used.
Section | Notice | Where | When |
|---|---|---|---|
31-9-100 | A notice of bonds and how they will be used. The notice shall describe the land that is being acquired and the purposes for which it will be used | A newspaper with general circulation in the city that specifies the amount of bonds to be issued | At least once upon adoption |
Exact wording:
“Upon the adoption of proceedings providing for the issuance of bonds hereunder, notice of the adoption of such proceedings shall be published at least once in a newspaper having general circulation in the city specifying the amount of bonds to be issued, generally describing the land to be acquired, and the purposes for which it will be used. Any interested party may within ten days after the date of publication of such notice, but not afterwards, challenge the validity of such action by the governing board and the validity of the proposed bonds by action de novo in the court of common pleas in the county wherein the land is located.”
Community Development
Notice of a public hearing on a redevelopment plan
31-10-100
A public hearing must be held prior to the adoption of a redevelopment plan. Notice of this hearing must be given fifteen days prior in a newspaper of general circulation in the municipality.
Section | Notice | Where | When |
|---|---|---|---|
31-10-100 | A notice of a public hearing on a redevelopment plan | A newspaper with general circulation in the municipality | Fifteen days before the hearing |
Exact wording:
“(d) The commission shall hold a public hearing prior to its final adoption of a redevelopment plan. Notice of such hearing shall be given fifteen days prior thereto in a newspaper of general circulation in the municipality.”
Advertisement for bids from persons interested in purchasing or redevelopment property
31-10-110
A public notice in terms of community involvement shall be placed by the commission in a newspaper with general circulation in the municipality once a week for two consecutive weeks. The notice shall be published as an invitation to anyone interested in obtaining information and purchasing property or becoming involved in a redevelopment of an area.
Section | Notice | Where | When |
|---|---|---|---|
31-10-110 | A public notice by the commission as an invite to anyone in the community interested in purchasing land or becoming involved in the redevelopment of an area | A newspaper with general circulation in the municipality | Once a week for two consecutive weeks |
Exact wording:
“(c) The commission shall, by public notice, published once a week for two consecutive weeks in a newspaper having general circulation in the municipality, invite proposals and shall make available all pertinent information to any persons interested in undertaking a purchase of property or the redevelopment of an area or any part thereof. The commission may require such bid bonds as it deems appropriate.”
A notice of the issuance and sale of bonds by the commission
31-10-120
The commission has authority to issue and sell bonds at a private or public sale given that there is an agreement between the commission and the one purchasing the bond. A notice of the selling of these bonds must first be published in a newspaper with general circulation where the commission is located. The notice shall be placed at least once at least ten days before the “receipt of bids for the bonds.”
Section | Notice | Where | When |
|---|---|---|---|
31-10-120 | A notice of the sale of bonds in terms of community development law | A newspaper with a general circulation where the commission is located | At least once and at least ten days prior to the “receipt of bids for the bonds” |
Exact wording:
“(d) Bonds must be sold by the commission at either public or private sale upon such terms and in such manner, consistent with the provisions of this chapter, as the commission may determine. Such bonds may be sold to one or more financial institutions whether within or without this State. Prior to the public sale of bonds hereunder, the commission shall first cause a notice of the sale of the bonds to be published at least once at least ten days before the date fixed for the receipt of bids for the bonds in a newspaper of general circulation in the commission’s area of operation, and provided, that any bonds may be sold by the commission at private sale upon such terms and conditions as are mutually agreed upon between the commission and the purchaser. No bonds issued pursuant to this chapter may be sold at less than par and accrued interest.”
Notice of intent to issue bonds
31-10-150
A notice of the intent to sell bonds in terms of community development shall be placed by the commission in a newspaper with general circulation in the city. The notice shall state the estimated date and the amount of the bonds, the provisions securing the bonds, and the intended usage of the earnings from these bonds.
Section | Notice | Where | When |
|---|---|---|---|
31-10-150 | A notice of intent to issue bonds. The notice shall state the estimated date and the amount of the bonds, the provisions securing the bonds, and the intended usage of the earnings from these bonds | A newspaper with general circulation in the city | Prior to bonds being issued |
Exact wording:
“Prior to issuing any bonds under this chapter, a commission shall publish notice in a newspaper of general circulation in the municipality of its intent to issue such bonds specifying the approximate date and amount of such bonds, the provisions for securing such bonds and the proposed use of the proceeds from such bonds. Any interested person may within twenty days after the publication of such notice, but not thereafter, challenge the proposal of the commission to issue such bonds by action initiated in the circuit court for the circuit in which the commission is located. If no such action is initiated the bonds, if and when issued, shall be conclusively presumed to be valid and binding in accordance with the terms thereof; provided, nevertheless, that such bonds must be issued not later than six months after publication of such notice.”
Federal Defense Facilities Redevelopment Law
Notice of intent to issue obligations
31-12-280
A notice must be given for a public hearing that will be held by a governing body in regards to the issuance of obligations for redevelopment of federal defense facilities. The notice shall be published in a newspaper with general circulation in the taxing district that will be affected. It should be placed not less than fifteen days and no more than thirty days before the public hearing takes place. The notice should state the time and place of the hearing, a statement that everyone will be given the chance to be heard, a description of the area, plan and the proposed redevelopment project and an estimated amount of time (maximum) of the issued obligations.
Section | Notice | Where | When |
|---|---|---|---|
31-12-280 | A notice of intent to issue obligations for federal defense redevelopment projects. The notice should state the time and place of the hearing, a statement that everyone will be given the chance to be heard, a description of the area, plan and the proposed redevelopment project and an estimated amount of time (maximum) of the issued obligations | A newspaper with general circulation located in the taxing district that will be affected | At least fifteen days and not more than thirty days before the public hearing |
Exact wording:
“(B) Before approving the issuance of obligations under this chapter, the governing body of the municipality must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the tax increment finance district is located not less than fifteen days and not more than thirty days before the hearing. The notice must include:
(1) the time and place of the public hearing;
(2) a notification that all interested persons will be given an opportunity to be heard at the public hearing;
(3) a description of the redevelopment project area, the redevelopment plan, and the redevelopment project; and
(4) the maximum estimated term of obligations to be issued at that time.”
Dwellings Unfit for Human Habitation
Service of complaints or orders (municipalities over 1,000)
31-15-60
A notice of complaint or orders in terms of unfit dwellings must be made by a public officer either personally or by registered mail. If the residence of a person is not known then a notice must be published in a newspaper that is printed and published in the city; if there is not one then in a newspaper in the county where the dwellings are located. The notice shall be placed once a week for two consecutive weeks.
Section | Notice | Where | When |
|---|---|---|---|
31-15-60 | A notice to serve a complaint by a public officer in terms of unfit dwelling | A newspaper that is printed and published in the city/town | Once a week for two consecutive weeks |
Exact wording:
“Complaints or orders issued by a public officer pursuant to an ordinance adopted under this article shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and cannot be ascertained by the public officer in the exercise of reasonable diligence and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing it once each week for two consecutive weeks in a newspaper printed and published in the municipality or, in the absence of such newspaper, in one printed and published in the county and circulating in the municipality in which the dwellings are located. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order.”
Service of complaints or orders (Counties)
31-15-360
A notice of complaint or orders in terms of unfit dwellings must be made by a public officer either personally or by registered mail. If the residence of a person is not known then a notice must be published in a newspaper that is printed and published in the county; if there is not one then a newspaper that is printed and published in the municipality and circulating in the county. The notice shall be placed once a week for two consecutive weeks.
Section | Notice | Where | When |
|---|---|---|---|
31-15-360 | A notice to serve a complaint by a public officer in terms of unfit dwelling | A newspaper that is printed and published in the city/town | Once a week for two consecutive weeks |
Exact wording:
“Complaints or orders issued by a public officer pursuant to an ordinance adopted under this article shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and cannot be ascertained by the public officer in the exercise of reasonable diligence and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing it once each week for two consecutive weeks in a newspaper printed and published in the county or, in the absence of such newspaper, in one printed and published in the municipality and circulating in the county. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order.”
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