V.I. Code tit. 29, § 92 (2019)
2019 US Virgin Islands Code|Title 29 - Public Planning and Development|Chapter 1 - Community Development and Renewal; Slum Clearance and Housing|Subchapter V - Urban Renewal|§ 92. Approval of urban renewal projects, preparation and approval of urban renewal plans; modifications

 (a) Any urban renewal project to be undertaken and carried out under the provisions of this chapter shall be approved by the Governor. The Governor shall not approve an urban renewal project nor shall the Authority acquire real property for any such urban renewal project unless, in accordance with the provisions of this section: (1) the Authority has held a public hearing on the proposed urban renewal project; and (2) the Authority has adopted, and the Legislature has approved, an urban renewal plan for an urban renewal project. The Authority shall not adopt an urban renewal plan for an urban renewal project unless the Legislature has, by resolution: (1) described the urban renewal area and community wherein situated; (2) found and determined such area to be a slum or blighted area; and (3) designated the area as appropriate for an urban renewal project and the Governor has concurred therein. The Legislature shall not approve an urban renewal plan until a general plan for the community wherein the urban renewal area is situated has been prepared. For this purpose and other governmental purposes, the Virgin Islands Historic Preservation Commission, in addition to any other powers it may possess by virtue of this or any other statute, is authorized and empowered to prepare, adopt, and revise from time to time for each community and urban locality in the Virgin Islands a general plan for the physical development of the community as a whole (giving due regard to the environs and urban surroundings). (b) The Authority may itself prepare or cause to be prepared urban renewal plans for the several communities in the Virgin Islands and may utilize for this purpose the assistance and cooperation of any agency, public or private. Any person or agency, public or private, may submit such an urban renewal plan to the Authority for its consideration and action. Prior to its adoption of an urban renewal plan, the Authority shall submit such plan to the Virgin Islands Historic Preservation Commission for review and recommendations as to its conformity with the general plan for the development of the community concerned as a whole. Within thirty days after receipt of a proposed urban renewal plan from the Authority, the Virgin Islands Historic Preservation Commission shall submit its written recommendations with respect to the proposed urban renewal plan to the Authority for consideration. Upon receipt and consideration of the recommendation of the commission or, if no recommendations are received within said thirty days, then without such recommendations, the Authority may proceed with the public hearing prescribed by subsection (c) of this section on the urban renewal project proposed by the urban renewal plan. (c) The Authority shall hold a public hearing on a proposed urban renewal project, after public notice thereof. The notice shall describe the hour, date, place, and purpose of the hearing, shall generally identify the urban renewal area covered by the plan and shall outline the general scope of the proposed urban renewal project. The notice shall be published at least once a week for not less than two successive weeks immediately prior to the date of the hearing (the first publication to be not less than ten days prior to the date of the hearing) in at least one newspaper of general circulation in the community or locality in which the urban renewal area is situated, or, if there be no such newspaper, be posted in at least three public places in the community or locality for not less than ten days immediately prior to the date of the hearing. In the computation of the period of publication or posting, both the day of the first publication or posting and the day of the hearing shall be included. (d) Within 30 days after conclusion of the public hearing prescribed by subsection (c) of this section, the Authority shall consider and act upon the proposed urban renewal plan and may, by resolution, adopt the urban renewal plan. (e) Within fifteen days after the adoption of an urban renewal plan by the Authority, or such longer time as the Governor may authorize at the Authority's request in any instance, the Authority shall transmit to the Governor the following: (1) a certified copy of the urban renewal plan as adopted by the Authority; (2) a copy of the report and recommendations of the commission, if any; (3) a statement by the Authority of the differences, if any, between the views of the Authority and the commission; (4) a summary report of the public hearing; (5) a proposed financing plan for the project to include estimated costs of renewal activities, estimated return from the disposal of project land, and the proposed means of furnishing such local grants-in-aid as may be required for the projects; and (6) a proposed relocation plan specifying a feasible method (including any temporary relocation measures proposed) for the relocation of families that will be displaced from the urban renewal area as a result of the project, such relocation plan to show that there are or are being provided, in the urban renewal area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families to be displaced, decent, safe, and sanitary dwelling units, private or public (including low-rent public housing), equal in number to such displaced families and reasonably accessible to their places of employment. Any such relocation plan shall also indicate the method and manner of relocating in appropriate facilities any single persons that will be displaced by the urban renewal project. The Governor shall submit the foregoing documentation and plans, together with his recommendations with respect thereto to the Legislature at its next regular or special session. (f) The Legislature at any regular or special session during which an urban renewal plan and the supporting documentation as listed in subsection (e) of this section is submitted to it by the Governor, shall consider and act upon such urban renewal plan during that session; and if the urban renewal plan is approved by the Legislature, the approval of the plan shall include findings that (1) a feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan conforms to the general plan of the community concerned as a whole; and (3) the urban renewal plan will afford maximum opportunity consistent with the sound needs of the community as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; Provided, That if the urban renewal area or a portion thereof consists of an area of open land to be acquired by the Authority, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the Legislature shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the community; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas (including other portions of the urban renewal area); that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program for the community, or (2) if it is to be developed for nonresidential uses, the Legislature shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this chapter, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivision, outmoded street patterns, obsolete platting, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of the municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area. If the urban renewal plan is for an urban renewal project for which Federal financial aid is contemplated under the Housing Act of 1949, as amended, the approval of the plan shall also include findings by the Legislature that Federal financial aid is necessary to enable the project to be undertaken in accordance with the urban renewal plan; and a determination and recognition that certain contributions or local grants-in-aid on the part of the Virgin Islands, as determined in accordance with the Housing Act of 1949, as amended, and other applicable law, will be required for the urban renewal project and that so much of the funds otherwise appropriated (or that might be later appropriated) by the Legislature for the purpose of furnishing such local grants-in-aid or contributions as may be required for the project, or such additional funds as may be needed for such purpose, shall be deemed allocated, committed, and encumbered for the purpose of undertaking and carrying out the urban renewal project in accordance with the urban renewal plan. (g) Upon approval of an urban renewal plan by the Legislature, the Governor may approve and authorize the undertaking of the urban renewal project by the Authority in accordance with the urban renewal plan. (h) An urban renewal plan may be modified at any time in the same manner as originally approved: Provided, That if modified after the lease or sale by the Authority of real property in the urban renewal area, such modification shall be subject to such rights at law or equity as a lessee or purchaser, or his successor or successors in interest may be entitled to assert. (i) Upon the approval of an urban renewal project by the Governor, the provisions of the urban renewal plan with respect to the future use and building requirements applicable to the property covered by said plan shall be controlling with respect thereto and shall have the force and effect of law. (j) Any urban renewal plan as approved by the Legislature in accordance with subsection (f) of this section, upon approval by the Governor of the urban renewal project covered by the plan, shall be filed for record in the appropriate, official land records of the Virgin Islands in such a manner as to afford actual or constructive notice of the provisions of such plan. All officials, officers and employees in charge of the land records of the Virgin Islands are authorized, directed, and empowered to accept for filing, and to file, all such approved urban renewal plans for projects approved by the Governor. Thereafter, reference in any instrument or document to the provisions of such recorded plan and the recordation thereof, shall be for all purposes the same as though the referred-to provision or provisions were set forth in full in such instrument or document.