Mass. Gen. Laws ch. 23G, sec. 16 — MA Code / Part I / Title II / Chapter 23G / Section 16
Acquisition of surplus or blighted lands; redevelopment or incubator development plans; approval
Status: in_force

Section 16. The Agency may take possession of or acquire blighted lands or incubator development lands or an interest therein or make loans, loan guarantees or grants for the redevelopment of blighted lands only after a public hearing and a determination by the Agency that such lands are decadent, substandard or blighted open areas. The Agency may dispose of federal surplus, blighted or incubator development lands or an interest therein only after approval of a redevelopment plan for federal surplus or blighted lands, or an incubator development plan for incubator development lands by the board of directors of the Agency, which approval shall not occur until a public hearing is held on said redevelopment or incubator development plan and provided such lands shall be developed or redeveloped in accordance with said redevelopment plan or incubator development plan. The Agency shall not approve a redevelopment or incubator development plan for such lands within one year of the acquisition or possession by the Agency of such lands or an interest therein unless the city council, board of aldermen or board of selectmen of the municipality or municipalities in which the lands lie have approved said redevelopment or incubator development plan. The Agency may extend the one year period by petition of any municipality wherein the lands are located. The Agency may take possession of or acquire state surplus lands or an interest therein only after approval of a redevelopment plan for such lands by the board of directors of the Agency, the city council, board of aldermen or board of selectmen of the municipality or municipalities in which the lands lie, and the deputy commissioner of capital planning and operations, which approvals shall not occur until a public hearing is held on said redevelopment plan. Such lands shall be developed or redeveloped in accordance with said redevelopment plan and if a formal competitive process will not be the method utilized for the disposition of such lands or interests to a private person or entity, the Agency shall disclose the reasons therefore in the central register published by the secretary of state prior to such disposition. The Agency shall, in accordance with section 3 of chapter 30A of the General Laws, establish general rules and regulations governing the evaluation and selection criteria for development proposals for all state surplus lands acquired by it, prior to the acquisition of any state surplus lands by the Agency. No redevelopment or incubator development plan shall be approved by the Agency unless the Agency finds that such plan provides for the development, redevelopment, operation, or maintenance of the lands, in whole or in part, substantially for institutional, governmental industrial, commercial or residential uses which will prevent or eliminate blight, economic dislocation, economic distress, or unemployment, or for the construction or rehabilitation upon the lands or decent, safe and sanitary housing, at least 25 per cent of which shall be made available to persons of low and moderate income, or for such other public purposes as the Agency may determine are generally consistent with the provisions of this chapter; that such plan is consistent with the sound needs of the locality as a whole, with particular regard to the prevention of blight, economic dislocation and unemployment or the alleviation of the shortage of such housing; that such plan is financially sound; and that such plan meets such other requirements as the Agency may by regulation establish. No redevelopment or incubator development plan shall be materially amended unless the public hearing and approval procedures as specified in this section for redevelopment or incubator development plans are complied with prior to any such amendment. Redevelopment or incubator development plans shall contain a general description of the lands and of the purposes for which the lands will be developed, redeveloped, operated or maintained, the anticipated financing sources for said development, redevelopment, operation or maintenance and the role of the Agency in and the anticipated public benefits and public subsidies that will result from the development, redevelopment, operation or maintenance of such lands. If a redevelopment plan is for state surplus lands, said plan shall also contain a description of (a) any reuse restrictions imposed by the general court or the deputy commissioner of capital planning and operations and how said restrictions will be enforced by the Agency; and (b) the disposition process to be utilized for such lands. Any required public hearings need not be adjudicatory hearings as provided by chapter 30A. Notice for said public hearings must be published in a daily newspaper of general circulation in the area in which the land is located at least seven days prior to said hearings and the requirements of sections 11A and 11B of said chapter 30A shall be met. At least seven days prior to public hearings on redevelopment or incubator development plans, said plans shall be available for public review at the offices of the Agency. The provisions of this section shall apply only to the exercise by the Agency of its powers under clause (23) and clauses (26) to (29), inclusive of section 3.

Section 16. The Agency may take possession of or acquire blighted lands or incubator development lands or an interest therein or make loans, loan guarantees or grants for the redevelopment of blighted lands only after a public hearing and a determination by the Agency that such lands are decadent, substandard or blighted open areas.

The Agency may dispose of federal surplus, blighted or incubator development lands or an interest therein only after approval of a redevelopment plan for federal surplus or blighted lands, or an incubator development plan for incubator development lands by the board of directors of the Agency, which approval shall not occur until a public hearing is held on said redevelopment or incubator development plan and provided such lands shall be developed or redeveloped in accordance with said redevelopment plan or incubator development plan. The Agency shall not approve a redevelopment or incubator development plan for such lands within one year of the acquisition or possession by the Agency of such lands or an interest therein unless the city council, board of aldermen or board of selectmen of the municipality or municipalities in which the lands lie have approved said redevelopment or incubator development plan. The Agency may extend the one year period by petition of any municipality wherein the lands are located.

The Agency may take possession of or acquire state surplus lands or an interest therein only after approval of a redevelopment plan for such lands by the board of directors of the Agency, the city council, board of aldermen or board of selectmen of the municipality or municipalities in which the lands lie, and the deputy commissioner of capital planning and operations, which approvals shall not occur until a public hearing is held on said redevelopment plan. Such lands shall be developed or redeveloped in accordance with said redevelopment plan and if a formal competitive process will not be the method utilized for the disposition of such lands or interests to a private person or entity, the Agency shall disclose the reasons therefore in the central register published by the secretary of state prior to such disposition.

The Agency shall, in accordance with section 3 of chapter 30A of the General Laws, establish general rules and regulations governing the evaluation and selection criteria for development proposals for all state surplus lands acquired by it, prior to the acquisition of any state surplus lands by the Agency.

No redevelopment or incubator development plan shall be approved by the Agency unless the Agency finds that such plan provides for the development, redevelopment, operation, or maintenance of the lands, in whole or in part, substantially for institutional, governmental industrial, commercial or residential uses which will prevent or eliminate blight, economic dislocation, economic distress, or unemployment, or for the construction or rehabilitation upon the lands or decent, safe and sanitary housing, at least 25 per cent of which shall be made available to persons of low and moderate income, or for such other public purposes as the Agency may determine are generally consistent with the provisions of this chapter; that such plan is consistent with the sound needs of the locality as a whole, with particular regard to the prevention of blight, economic dislocation and unemployment or the alleviation of the shortage of such housing; that such plan is financially sound; and that such plan meets such other requirements as the Agency may by regulation establish.

No redevelopment or incubator development plan shall be materially amended unless the public hearing and approval procedures as specified in this section for redevelopment or incubator development plans are complied with prior to any such amendment.

Redevelopment or incubator development plans shall contain a general description of the lands and of the purposes for which the lands will be developed, redeveloped, operated or maintained, the anticipated financing sources for said development, redevelopment, operation or maintenance and the role of the Agency in and the anticipated public benefits and public subsidies that will result from the development, redevelopment, operation or maintenance of such lands. If a redevelopment plan is for state surplus lands, said plan shall also contain a description of (a) any reuse restrictions imposed by the general court or the deputy commissioner of capital planning and operations and how said restrictions will be enforced by the Agency; and (b) the disposition process to be utilized for such lands.

Any required public hearings need not be adjudicatory hearings as provided by chapter 30A. Notice for said public hearings must be published in a daily newspaper of general circulation in the area in which the land is located at least seven days prior to said hearings and the requirements of sections 11A and 11B of said chapter 30A shall be met. At least seven days prior to public hearings on redevelopment or incubator development plans, said plans shall be available for public review at the offices of the Agency.

The provisions of this section shall apply only to the exercise by the Agency of its powers under clause (23) and clauses (26) to (29), inclusive of section 3.