Public Notice Guide: Housing & Redevelopment

Prerequisites to condemnation
31-1-460

Limited dividend housing corporation formed to acquire, construct, maintain and operate housing projects

The director of a limited dividend housing corporation has the responsibility to place power for the purpose of the acquisition and changing of housing accommodations if deemed necessary for public use. A notice of the public hearing must be placed by the corporation and published in a newspaper chosen by the director. 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. The owner, as shown upon the county auditor’s current tax duplicate, of such property as is proposed to be acquired shall also be notified at least ten days prior to such hearing by registered mail addressed to the last known address of such owner.”

A notice of a public hearing in terms of city housing authority
31-3-410

A public hearing must be held before a council can adopt any resolutions in terms of 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 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:

“No council of any such other municipality shall adopt a resolution as provided in Section 31-3-400 declaring that there is a need for a housing authority other than a housing authority established by such municipality to exercise its powers within such municipality unless a public hearing has first been held by the council of such municipality and the council shall have found in substantially the following terms: (a) That unsanitary or unsafe inhabited dwelling accommodations exist in such municipality or that there is a shortage of safe or sanitary dwelling accommodations in such municipality available to persons of low income at rentals they can afford and (b) that these conditions can be best remedied through the exercise of the powers of the housing authority of the city mentioned in Section 31-3-400 within the territorial boundaries of such municipality. But such findings shall not have the effect of establishing a housing authority for any such municipality under this chapter and Chapter 11 nor of thereafter preventing such municipality from establishing a housing authority or joining in the creation of a consolidated housing authority or the increase of the area of operation of a consolidated housing authority. 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 with general circulation in the county or if the county does not have a newspaper than a newspaper within the state. The notice must be placed at least ten days before the hearing and needs to state the time and place 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 and place of the hearing.
A newspaper with general circulation in the county or if there is no such newspaper than a newspaper within the state that has a general circulation
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.”

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