2010 Tennessee Code
Title 13 - Public Planning And Housing
Chapter 20 - Housing Authorities
Part 2 - Redevelopment
13-20-204 - Disposal and use of land consistent with redevelopment plan Purchase by owner occupant.

13-20-204. Disposal and use of land consistent with redevelopment plan Purchase by owner occupant.

(a)  The authority may make land in a redevelopment project available for use by private enterprise or public agencies in accordance with the redevelopment plan. Such land may be made available at its use value, which represents the value (whether expressed in terms of rental or capital price) at which the authority determines such land should be made available in order that it may be developed or redeveloped for the purposes specified in such plan.

(b)  (1)  To assure that land acquired in a redevelopment project is used in accordance with the redevelopment plan, an authority, upon the sale or lease of such land, shall obligate purchasers or lessees to:

          (A)  Use the land for the purpose designated in the redevelopment plan;

          (B)  Begin the building of their improvements within a period of time which the authority fixes as reasonable; or, except in counties having a population of:

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according to the 1960 federal census or any subsequent federal census, if the purchaser is a public agency which proposes to develop such lands as an industrial park or to meet the needs of specific industrial prospects, carry on a program for attracting industry and develop such land for this purpose when and as needed, in counties of this state having a population of not less than two hundred thirty seven thousand (237,000) nor more than two hundred fifty thousand (250,000) according to the federal census of 1960 or any subsequent federal census; and

          (C)  Comply with such other conditions as are necessary to carry out the purposes of this chapter.

     (2)  Any such obligations by the purchaser shall be covenants and conditions running with the land where the authority so stipulates.

(c)  (1)  As used in this subsection:

          (A)  “Developer” means any private enterprise or public agency developing or redeveloping residential property as provided in this subsection;

          (B)  “Owner occupant” means the person having title to and residing at the residential property at the time it was acquired by eminent domain; and

          (C)  “Residential units” includes one-family and two-family dwellings and dwelling units as defined in this chapter.

     (2)  On redevelopment projects developed after June 8, 1989, the authority shall provide the opportunity for owner occupants of residential property acquired by eminent domain for a redevelopment project to relocate within the project area if or at such time as residential units are constructed and offered for sale to the general public as a part of the project. A developer shall publish a notice in a newspaper of general circulation within the county where the project area is located. Such notice shall provide to each owner occupant of residential property acquired by eminent domain for a redevelopment project an offer to relocate within the project area. The notice shall contain a description of the property to be redeveloped. The notice shall contain a name and address to whom the owner occupant may respond to accept the offer. The developer shall also record the notice in the registrar's office. Each owner occupant shall have ninety (90) days from the date of publication to accept the offer contained in the notice. Any acceptance shall be in writing. Any owner occupant who has not responded to the notice before the expiration of the ninety (90) days from publication shall be deemed to have rejected such offer, and any interest therein shall be deemed to be terminated.

     (3)  The provisions of this subsection shall apply only if the initial redevelopment project for which such property is acquired is for residential purposes.

     (4)  No provision of this subsection shall be construed to vest any interest or rights in the heirs or estate of any deceased owner occupant.

     (5)  The provisions of this subsection shall not apply to residential units or dwelling units developed under programs limiting income of purchasers to a certain maximum income or other requirements for which the original owner occupant is not eligible.

     (6)  The provisions of this subsection shall only apply in counties having a population of not less than four hundred seventy-seven thousand (477,000) nor more than four hundred seventy-eight thousand (478,000) according to the 1980 federal census or any subsequent federal census.

[Acts 1945, ch. 114, § 5; C. Supp. 1950, § 3647.29Q (Williams, § 3647.56); Acts 1965, ch. 194, § 1; T.C.A. (orig. ed.), § 13-816; Acts 1989, ch. 570, §§ 1, 2.]