reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4210. Resolution of necessity required to utilize provisions of part

7-15-4210. Resolution of necessity required to utilize provisions of part.
A municipality may not exercise any of the powers authorized by part 43 and this part until after its local governing body has adopted a resolution finding that:
(1) one or more blighted areas exist in the municipality by finding that at least three of the factors listed in 7-15-4206(2) apply to the area or a part of the area; and
(2) the rehabilitation, redevelopment, or both of an area or areas are necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality.
History: En. Sec. 5, Ch. 195, L. 1959; amd. Sec. 1, Ch. 38, L. 1965; R.C.M. 1947, 11-3905; amd. Sec. 1, Ch. 375, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4211. Preparation of comprehensive development plan for municipality

7-15-4211. Preparation of comprehensive development plan for municipality.
For the purpose of approving an urban renewal plan and other municipal purposes, a municipality may:
(1) prepare, adopt, and revise from time to time a comprehensive plan or parts of a plan for the physical development of the municipality as a whole, with consideration for the county and school districts that include municipal territory;
(2) establish and maintain a planning commission for that purpose and related municipal planning activities; and
(3) make available and appropriate necessary funds for municipal planning activities.
History: En. Sec. 6, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, Ch. 210, L. 1969; amd. Sec. 18, Ch. 158, L. 1971; R.C.M. 1947, 11-3906(part); amd. Sec. 1, Ch. 376, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4212. Preparation of urban renewal plan

7-15-4212. Preparation of urban renewal plan.
The municipality may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to the municipality.
History: En. Sec. 6, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, Ch. 210, L. 1969; amd. Sec. 18, Ch. 158, L. 1971; R.C.M. 1947, 11-3906(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4213. Review of urban renewal plan by planning commission

7-15-4213. Review of urban renewal plan by planning commission.
(1) Prior to its approval of an urban renewal project, the local governing body shall submit the urban renewal project plan to the planning commission of the municipality for review and recommendations as to its conformity with the growth policy or parts of the growth policy for the development of the municipality as a whole if a growth policy has been adopted pursuant to Title 76, chapter 1.
(2) The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within 60 days after receipt of the plan.
History: En. Sec. 6, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, Ch. 210, L. 1969; amd. Sec. 18, Ch. 158, L. 1971; R.C.M. 1947, 11-3906(part); amd. Secs. 3, 34, Ch. 582, L. 1999.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4214. Hearing on urban renewal plan required

7-15-4214. Hearing on urban renewal plan required.
(1) The local governing body shall hold a public hearing on an urban renewal plan prior to adoption as provided in 7-1-4131. Notice of the hearing must be published as provided in 7-1-4127, and mail notice as provided in 7-1-4129 must be given to property owners of the district.
(2) Upon receipt of the recommendations of the planning commission or if no recommendations are received within 60 days, then without such recommendations, the local governing body may proceed with the hearing on the proposed urban renewal project plan.
History: En. Sec. 6, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, Ch. 210, L. 1969; amd. Sec. 18, Ch. 158, L. 1971; R.C.M. 1947, 11-3906(part); amd. Sec. 1, Ch. 374, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4215. Notice of hearing on urban renewal plan

7-15-4215. Notice of hearing on urban renewal plan.
(1) The notice required by 7-15-4214(1) must be given by publication as provided in 7-1-4127 and by mailing a notice of the hearing, not less than 10 days prior to the date of the hearing, to the persons whose names appear on the county treasurer's tax records as the owners, reputed owners, or purchasers under contracts for deed of the property, at the address shown on the tax record.
(2) The notice must:
(a) describe the time, date, place, and purpose of the hearing;
(b) specify the proposed boundary of the urban renewal area affected;
(c) outline the general scope of the urban renewal plan under consideration;
(d) specify the goals the municipality has in the rehabilitation and renewal of the area; and
(e) indicate the method of financing the urban renewal area and whether the municipality intends to use tax increment financing and bonds to be paid from tax increment financing.
History: En. Sec. 6, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, Ch. 210, L. 1969; amd. Sec. 18, Ch. 158, L. 1971; R.C.M. 1947, 11-3906(part); amd. Sec. 8, Ch. 526, L. 1983; amd. Sec. 54, Ch. 354, L. 2001; amd. Sec. 2, Ch. 374, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4216. Requirements for approval of urban renewal plans and projects

7-15-4216. Requirements for approval of urban renewal plans and projects.
(1) The local governing body shall not approve an urban renewal plan until a comprehensive plan or parts of such plan for an area which would include an urban renewal area for the municipality have been prepared.
(2) A municipality shall not approve an urban renewal project for an urban renewal area unless the local governing body has by resolution determined such area to be a blighted area and designated such area as appropriate for an urban renewal project.
(3) An urban renewal plan adopted after July 1, 1979, must be approved by ordinance.
(4) All urban renewal plans approved by resolution prior to May 8, 1979, are hereby validated.
History: En. Sec. 6, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, Ch. 210, L. 1969; amd. Sec. 18, Ch. 158, L. 1971; R.C.M. 1947, 11-3906(part); amd. Sec. 1, Ch. 667, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4217. Criteria for approval of urban renewal project

7-15-4217. Criteria for approval of urban renewal project.
Following the hearing required by 7-15-4214, the local governing body may, by ordinance, approve an urban renewal project if it finds that:
(1) a workable and feasible plan exists for making available adequate housing for the persons who may be displaced by the project;
(2) the urban renewal plan conforms to the comprehensive plan or parts thereof for the municipality as a whole;
(3) the urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; and
(4) a sound and adequate financial program exists for the financing of said project.
History: En. Sec. 6, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, Ch. 210, L. 1969; amd. Sec. 18, Ch. 158, L. 1971; R.C.M. 1947, 11-3906(part); amd. Sec. 2, Ch. 667, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4218. Voter approval of urban renewal plan required when general obligation bonds to be used

7-15-4218. Voter approval of urban renewal plan required when general obligation bonds to be used.
If the plan or any subsequent modification thereof involves financing by the issuance of general obligation bonds of the municipality as authorized in 7-15-4302(1) or the financing of water or sewer improvements by the issuance of revenue bonds under the provisions of part 44 of chapter 7 or of part 43 of chapter 13, the question of approving the plan and issuing such bonds shall be submitted to a vote of the qualified electors of such municipality, in accordance with the provisions governing municipal general obligation bonds under chapter 7, part 42, at the same election and shall be approved by a majority of those qualified electors voting on such question.
History: En. Sec. 6, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, Ch. 210, L. 1969; amd. Sec. 18, Ch. 158, L. 1971; R.C.M. 1947, 11-3906(part); amd. Sec. 46, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4219. Effect of approval of urban renewal project

7-15-4219. Effect of approval of urban renewal project.
Upon the approval of an urban renewal project by a municipality, 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.
History: En. Sec. 6, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, Ch. 210, L. 1969; amd. Sec. 18, Ch. 158, L. 1971; R.C.M. 1947, 11-3906(f).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4220. Use of neighborhood development program to implement urban renewal activities

7-15-4220. Use of neighborhood development program to implement urban renewal activities.
(1) The municipality may elect to undertake and carry out urban renewal activities on a yearly basis. In such event, the activities shall be included in the yearly budget of the municipality. The undertaking of urban renewal activities on a yearly basis shall be designated as a "neighborhood development program" and the financing of such activities shall be approved in accordance with 7-15-4218.
(2) In the event of such election, the municipality shall present its proposed annual increment activities or undertakings for public approval in keeping with 7-15-4211 through 7-15-4221. Such activity year shall relate to the budget year of the municipality.
(3) Such activities need not be limited to contiguous areas. However, such activities shall be confined to the areas as outlined in the urban renewal plan as approved by the municipality in accordance with this part. The yearly activities shall constitute a part of the urban renewal plan, and the municipality may elect to undertake certain yearly activities and total urban renewal projects simultaneously.
(4) Every municipality shall have all the power necessary or convenient to plan and undertake neighborhood development projects consisting of urban renewal project undertakings and activities in one or more urban renewal areas which are planned and carried out on the basis of annual increments in accordance with the provisions of this part and part 43 for carrying out and planning urban renewal projects.
History: (1), (3)En. Sec. 6, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, Ch. 210, L. 1969; amd. Sec. 18, Ch. 158, L. 1971; Sec. 11-3906, R.C.M. 1947; (2)En. Sec. 1, Ch. 195, L. 1959; amd. Sec. 1, Ch. 210, L. 1969; Sec. 11-3901, R.C.M. 1947; (4)En. Sec. 7, Ch. 195, L. 1959; amd. Sec. 3, Ch. 210, L. 1969; Sec. 11-3907, R.C.M. 1947; R.C.M. 1947, 11-3901(part), 11-3906(h), 11-3907(j).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4221. Modification of urban renewal project plan

7-15-4221. Modification of urban renewal project plan.
(1) An urban renewal project plan may be modified at any time by the local governing body. If modified after the lease or sale by the municipality of real property in the urban renewal project area, the modification is subject to any rights at law or in equity that a lessee or purchaser or the lessee's or purchaser's successor or successors in interest may be entitled to assert.
(2) An urban renewal plan may be modified by ordinance.
(3) (a) Before modifying an urban renewal plan to provide tax increment financing for the district or to use bonds as provided in 7-15-4218, the municipality shall provide notice to the county and the school district in which the urban renewal district is located and provide the county and the school district with the opportunity to meet and consult in a public meeting with the opportunity for public comment regarding the effect on the county or school district.
(b) The tax increment financing provision must be proposed with consideration for the county and school districts that include municipal territory.
(4) All urban renewal plans approved or modified by resolution prior to May 8, 1979, are validated.
(5) A plan may be modified by:
(a) the procedure set forth in 7-15-4212 through 7-15-4219 with respect to adoption of an urban renewal plan;
(b) the procedure set forth in the plan, which must include a public hearing.
History: En. Sec. 6, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, Ch. 210, L. 1969; amd. Sec. 18, Ch. 158, L. 1971; R.C.M. 1947, 11-3906(e); amd. Sec. 3, Ch. 667, L. 1979; amd. Sec. 614, Ch. 61, L. 2007; amd. Sec. 2, Ch. 376, L. 2011; amd. Sec. 1, Ch. 157, L. 2017; amd. Sec. 2, Ch. 278, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4231. Exercise of powers related to urban renewal

7-15-4231. Exercise of powers related to urban renewal.
A municipality may itself exercise its urban renewal project powers as herein defined or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency created by 7-15-4232 or a department or other officers of the municipality as they are authorized to exercise under this part and part 43.
History: En. Sec. 15, Ch. 195, L. 1959; R.C.M. 1947, 11-3915(a).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4232. Authorization to assign urban renewal powers to municipal departments or to create urban renewal agency

7-15-4232. Authorization to assign urban renewal powers to municipal departments or to create urban renewal agency.
When a municipality has made the finding prescribed in 7-15-4210 and has elected to have the urban renewal project powers exercised as specified in 7-15-4233:
(1) such urban renewal project powers may be assigned to a department or other officers of the municipality or to any existing public body corporate; or
(2) the legislative body of a city may create an urban renewal agency in such municipality, to be known as a public body corporate, to which such powers may be assigned.
History: En. Sec. 16, Ch. 195, L. 1959; R.C.M. 1947, 11-3916(a).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4234. Urban renewal agency to be administered by appointed board of commissioners

7-15-4234. Urban renewal agency to be administered by appointed board of commissioners.
(1) If the urban renewal agency is authorized to transact business and exercise powers under this part, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency consisting of five commissioners.
(2) The initial membership shall consist of one commissioner appointed for 1 year, one for 2 years, one for 3 years, and two for 4 years. Each subsequent appointment must be for 4 years. A certificate of the appointment or reappointment of a commissioner must be filed with the clerk of the municipality, and the certificate is conclusive evidence of the proper appointment of the commissioner.
(3) Each commissioner shall hold office until a successor has been appointed and has qualified.
(4) A commissioner may not receive compensation for services but is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of duties.
(5) Any persons may be appointed as commissioners if they reside within the municipality.
(6) A commissioner may be removed for inefficiency, neglect of duty, or misconduct in office.
History: En. Sec. 16, Ch. 195, L. 1959; R.C.M. 1947, 11-3916(part); amd. Sec. 615, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4235. Restrictions on agency commissioners holding other public office

7-15-4235. Restrictions on agency commissioners holding other public office.
A majority of the commissioners of an urban renewal agency exercising powers pursuant to this part or part 43 shall not hold any other public office under the municipality other than their commissionership or office with respect to such urban renewal agency, department, or office.
History: En. Sec. 18, Ch. 195, L. 1959; R.C.M. 1947, 11-3918(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4236. Conduct of business

7-15-4236. Conduct of business.
The powers and responsibilities of an urban renewal agency shall be exercised by the commissioners thereof. A majority of the commissioners constitutes a quorum for the purpose of conducting business and exercising the powers and responsibilities of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present unless in any case the bylaws shall require a larger number. Meetings of the board of commissioners must be open to the public as provided in 2-3-203 with the opportunity for public comment as provided in 2-3-103.
History: En. Sec. 16, Ch. 195, L. 1959; R.C.M. 1947, 11-3916(part); amd. Sec. 3, Ch. 278, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4237. Annual report

7-15-4237. Annual report.
(1) An agency authorized to transact business and exercise powers under part 43 and this part shall file with the local governing body, on or before September 30 of each year, a report of its activities for the preceding fiscal year. A copy of the annual report must be made available upon request to the county and school districts that include municipal territory.
(2) The report must include a complete financial statement setting forth its assets, liabilities, income, and operating expenses and the amount of the tax increment as of the end of the fiscal year. The report must describe the expenditures of tax increment in the preceding fiscal year and how the expenditures comply with the approved urban renewal plan or comprehensive development plan for the district.
(3) At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that the report has been filed with the municipality and that the report is available for inspection during business hours in the office of the city clerk and in the office of the agency.
History: En. Sec. 16, Ch. 195, L. 1959; R.C.M. 1947, 11-3916(part); amd. Sec. 1, Ch. 441, L. 1991; amd. Sec. 3, Ch. 374, L. 2011; amd. Sec. 3, Ch. 376, L. 2011; amd. Sec. 4, Ch. 278, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4238. Employment of necessary staff

7-15-4238. Employment of necessary staff.
The urban renewal agency or department or officers exercising urban renewal project powers shall be supplied with the necessary technical experts and such other agents and employees, permanent and temporary, as are required.
History: En. Sec. 16, Ch. 195, L. 1959; R.C.M. 1947, 11-3916(part); amd. Sec. 17, Ch. 253, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4239. Control of conflict of interest

7-15-4239. Control of conflict of interest.
(1) (a) A public official, employee of a municipality or urban renewal agency, or department or officers that have been vested by a municipality with urban renewal project powers and responsibilities under 7-15-4231 may not voluntarily acquire any interest, direct or indirect, in any urban renewal project, in any property included or planned to be included in any urban renewal project of the municipality, or in any contract or proposed contract in connection with an urban renewal project.
(b) When an acquisition is not voluntary, the interest acquired must be immediately disclosed in writing to the local governing body, and the disclosure must be entered upon the minutes of the governing body.
(2) If an official or department or division head owns or controls or owned or controlled within 2 years prior to the date of hearing on the urban renewal project any interest, direct or indirect, in any property that the person knows is included in an urban renewal project, the person shall immediately disclose this fact in writing to the local governing body, and the disclosure must be entered upon the minutes of the governing body. An official or a department or division head may not participate in any action on that particular project by the municipality or urban renewal agency, department, or officers that have been vested with urban renewal project powers by the municipality pursuant to the provisions of 7-15-4231.
History: En. Sec. 18, Ch. 195, L. 1959; R.C.M. 1947, 11-3918(part); amd. Sec. 616, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4240. Misconduct in office

7-15-4240. Misconduct in office.
Any violation of the provisions of 7-15-4235 or 7-15-4239 shall constitute misconduct in office.
History: En. Sec. 18, Ch. 195, L. 1959; R.C.M. 1947, 11-3918(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4251. General powers of municipalities in connection with urban renewal

7-15-4251. General powers of municipalities in connection with urban renewal.
Every municipality shall have all the power necessary or convenient:
(1) to carry out and effectuate the purposes and provisions of this part and part 43;
(2) to undertake and carry out urban renewal projects within the municipality, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this part and part 43, and to disseminate blight clearance and urban renewal information;
(3) to organize, coordinate, and direct, within the municipality, the administration of the provisions of this part and part 43 as they apply to such municipality in order that the objective of remedying blighted areas and preventing the causes thereof within such municipality may be most effectively promoted and achieved and to establish such new office or offices of the municipality or to reorganize existing offices in order to carry out such purpose most effectively;
(4) to exercise all or any part or combination of powers granted in this part or part 43.
History: En. Sec. 7, Ch. 195, L. 1959; amd. Sec. 3, Ch. 210, L. 1969; R.C.M. 1947, 11-3907(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4252. Prevention and elimination of urban blight

7-15-4252. Prevention and elimination of urban blight.
The municipality is authorized to develop, test, and report methods and techniques and carry out demonstrations and other activities for the prevention and the elimination of urban blight and to apply for, accept, and utilize grants of funds from the federal government for such purposes.
History: En. Sec. 7, Ch. 195, L. 1959; amd. Sec. 3, Ch. 210, L. 1969; R.C.M. 1947, 11-3907(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4253. Relocation of displaced families

7-15-4253. Relocation of displaced families.
Every municipality shall have power to prepare plans for the relocation of families displaced from an urban renewal area and to make relocation payments and to coordinate public and private agencies in such relocation, including requesting such assistance for this purpose as is available from other private and governmental agencies, both for the municipality and other parties.
History: En. Sec. 7, Ch. 195, L. 1959; amd. Sec. 3, Ch. 210, L. 1969; R.C.M. 1947, 11-3907(g).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4254. Municipal power in the preparation of various plans

7-15-4254. Municipal power in the preparation of various plans.
(1) Every municipality shall have power, within the municipality:
(a) to make or have made all plans necessary to the carrying out of the purposes of this part and to contract with any person, public or private, in making and carrying out such plans; and
(b) to adopt or approve, modify, and amend such plans.
(2) Such plans may include, without limitation:
(a) a comprehensive plan or parts thereof for the locality as a whole;
(b) urban renewal plans;
(c) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements;
(d) plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; and
(e) appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of urban renewal projects.
History: En. Sec. 7, Ch. 195, L. 1959; amd. Sec. 3, Ch. 210, L. 1969; R.C.M. 1947, 11-3907(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4255. Authority to provide or contract for services related to urban renewal

7-15-4255. Authority to provide or contract for services related to urban renewal.
(1) Every municipality shall have power to:
(a) provide or arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, or roads in connection with an urban renewal project;
(b) install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements.
(2) Every municipality shall have power to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards in the undertaking or carrying out of an urban renewal project and to include in any contract let in connection with such a project provisions to fulfill such of said conditions as it may deem reasonable and appropriate.
History: En. Sec. 7, Ch. 195, L. 1959; amd. Sec. 3, Ch. 210, L. 1969; R.C.M. 1947, 11-3907(b).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4256. Restriction on operation of certain utility services by municipality

7-15-4256. Restriction on operation of certain utility services by municipality.
Nothing in this part or part 43 shall be construed to authorize any municipality to construct or operate, as a part of any urban renewal project, any electric generation plant, electric transmission or distribution lines, or other public utility facilities, excepting waterlines and sewerlines then operated by municipalities.
History: En. Sec. 7, Ch. 195, L. 1959; amd. Sec. 3, Ch. 210, L. 1969; R.C.M. 1947, 11-3907(l).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4257. Authority to enter private property

7-15-4257. Authority to enter private property.
(1) Every municipality shall have power, within the municipality, to enter upon any building or property in any urban renewal area in order to make surveys and appraisals and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted.
(2) Such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
History: En. Sec. 7, Ch. 195, L. 1959; amd. Sec. 3, Ch. 210, L. 1969; R.C.M. 1947, 11-3907(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4258. Acquisition and administration of real and personal property

7-15-4258. Acquisition and administration of real and personal property.
(1) A municipality may:
(a) acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain pursuant to Title 70, chapter 30, or otherwise any real property and personal property that may be necessary for the administration of the provisions contained in part 43 and this part, together with any improvements on the real property;
(b) hold, improve, clear, or prepare for redevelopment property acquired pursuant to subsection (1)(a);
(c) dispose of real or personal property;
(d) insure or provide for the insurance of real or personal property or the operations of the municipality against any risks or hazards, including the power to pay premiums on any insurance; and
(e) enter into a development agreement with the owner of real property within an urban renewal area and undertake activities, including the acquisition, removal, or demolition of structures, improvements, or personal property located on the real property, to prepare the property for redevelopment.
(2) A development agreement entered into in accordance with subsection (1)(e) must contain provisions obligating the owner to redevelop the real property for a specified use consistent with the urban renewal plan and offering recourse to the municipality if the redevelopment is not completed as determined by the local governing body. The development agreement may not constitute the acquisition of an interest in real property by the municipality within the meaning of 7-15-4262 or 7-15-4263.
(3) Except as provided in 7-15-4204(2), 7-15-4206, and 7-15-4259, statutory provisions with respect to the acquisition, clearance, or disposition of property by public bodies may not restrict a municipality in the exercise of functions with respect to an urban renewal project.
(4) A municipality may not acquire real property for an urban renewal project or enter into a development agreement, as provided in subsection (1)(e), unless the local governing body has approved the urban renewal project plan in accordance with 7-15-4216(2) and 7-15-4217.
History: (1), (2)En. Sec. 7, Ch. 195, L. 1959; amd. Sec. 3, Ch. 210, L. 1969; Sec. 11-3907, R.C.M. 1947; (3)En. Sec. 6, Ch. 195, L. 1959; amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, Ch. 210, L. 1969; amd. Sec. 18, Ch. 158, L. 1971; Sec. 11-3906, R.C.M. 1947; R.C.M. 1947, 11-3906(part), 11-3907(part); amd. Sec. 2, Ch. 441, L. 1991; amd. Sec. 21, Ch. 125, L. 2001; amd. Sec. 3, Ch. 441, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4259. Exercise of power of eminent domain

7-15-4259. Exercise of power of eminent domain.
(1) After the adoption by the local governing body of a resolution declaring that the acquisition of the real property described in the resolution is necessary for an urban renewal project under this part, a municipality may acquire by condemnation, as provided in Title 70, chapter 30, any interest in real property that it considers necessary for urban renewal.
(2) Condemnation for urban renewal of blighted areas, as defined in 7-15-4206(2)(a), (2)(h), (2)(k), or (2)(n), is a public use, and property already devoted to any other public use or acquired by the owner or the owner's predecessor in interest by eminent domain may be condemned for the purposes of this part.
(3) The award of compensation for real property taken for an urban renewal project may not be increased by reason of any increase in the value of the real property caused by the assembly, clearance, or reconstruction or proposed assembly, clearance, or reconstruction in the project area. An allowance may not be made for the improvements begun on real property after notice to the owner of the property of the institution of proceedings to condemn the property. Evidence is admissible bearing upon the unsanitary, unsafe, or substandard condition of the premises or the unlawful use of the premises.
(4) A city or town may not serve as a pass-through entity by using its power of eminent domain, as provided in Title 70, chapter 30, to obtain property with the intent to sell, lease, or provide the property to a private entity.
History: En. Sec. 8, Ch. 195, L. 1959; R.C.M. 1947, 11-3908; amd. Sec. 22, Ch. 125, L. 2001; amd. Sec. 4, Ch. 441, L. 2007; amd. Sec. 1, Ch. 512, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4260. Exemption from levy and sale for certain property

7-15-4260. Exemption from levy and sale for certain property.
All property of a municipality, including funds, owned or held by it for the purposes of this part and part 43 shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against a municipality be a charge or lien upon such property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this part or part 43 by a municipality on an urban renewal project or the rents, fees, grants, or revenues derived from these projects.
History: En. Sec. 12, Ch. 195, L. 1959; R.C.M. 1947, 11-3912(a); amd. Sec. 4, Ch. 667, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4261. Exemption from taxation for certain property

7-15-4261. Exemption from taxation for certain property.
(1) The property of a municipality acquired or held for the purposes of this part is declared to be public property used for essential public and governmental purposes, and such property shall be exempt from all taxes of the municipality, the county, the state, or any political subdivision thereof.
(2) Such tax exemption shall terminate when the municipality sells, leases, or otherwise disposes of such property in an urban renewal area to a purchaser or lessee which is not a public body or other organization normally entitled to tax exemption with respect to such property.
History: En. Sec. 12, Ch. 195, L. 1959; R.C.M. 1947, 11-3912(b).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4263. Procedure to dispose of property to private persons

7-15-4263. Procedure to dispose of property to private persons.
(1) A municipality may dispose of real property in an urban renewal area to private persons only under reasonable procedures as it shall prescribe or as provided in this section.
(2) (a) A municipality shall by public notice invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate an urban renewal area or any part of an urban renewal area.
(b) The notice must be published as provided in 7-1-4127 prior to the execution of any contract or deed to sell, lease, or otherwise transfer real property and prior to the delivery of any instrument of conveyance under the provisions of 7-15-4262 through 7-15-4266.
(c) The notice must identify the area or portion of the area and must state that any further information that is available may be obtained at the office designated in the notice.
(3) The municipality shall consider all redevelopment or rehabilitation proposals and the financial and legal ability of the persons making the proposals to carry them out. The municipality may accept those proposals as it considers to be in the public interest and in furtherance of the purposes of this part and part 43. Thereafter, the municipality may execute, in accordance with the provisions of 7-15-4262 and 7-15-4264, and deliver contracts, deeds, leases, and other instruments of transfer.
History: En. Sec. 9, Ch. 195, L. 1959; amd. Sec. 1, Ch. 134, L. 1973; R.C.M. 1947, 11-3909(b); amd. Sec. 55, Ch. 354, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4264. Obligations of transferees of municipal property in urban renewal area

7-15-4264. Obligations of transferees of municipal property in urban renewal area.
(1) The purchasers or lessees and their successors and assigns are obligated to devote real property transferred pursuant to 7-15-4262 only to the uses specified in the urban renewal plan and may be obligated to comply with other requirements that the municipality may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on real property required by the urban renewal plan.
(2) In any instrument of conveyance to a private purchaser or lessee, the municipality may provide that the purchaser or lessee may not sell, lease, or otherwise transfer the real property without the prior written consent of the municipality until the purchaser or lessee has completed the construction of any and all improvements that the purchaser or lessee is obligated to construct.
(3) The inclusion in a contract or conveyance to a purchaser or lessee of any covenants, restrictions, or conditions, including the incorporation by reference of the provisions of an urban renewal plan or any part of a plan, may not prevent the recording of the contract or conveyance in the land records of the clerk and recorder of the county in which the city or town is located, in a manner that provides actual or constructive notice of the covenants, restrictions, or conditions.
History: En. Sec. 9, Ch. 195, L. 1959; amd. Sec. 1, Ch. 134, L. 1973; R.C.M. 1947, 11-3909(part); amd. Sec. 617, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4265. Presumption of regularity in transfer of title

7-15-4265. Presumption of regularity in transfer of title.
Any instrument executed by a municipality and purporting to convey any right, title, or interest in any property under this part or part 43 shall be conclusively presumed to have been executed in compliance with the provisions of this part and part 43 insofar as title or other interest of any bona fide purchasers, lessees, or transferees of such property is concerned.
History: En. Sec. 14, Ch. 195, L. 1959; R.C.M. 1947, 11-3914.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4266. Temporary use of municipal property in urban renewal area

7-15-4266. Temporary use of municipal property in urban renewal area.
A municipality may operate and maintain real property acquired in an urban renewal area pending the disposition of the property for redevelopment, without regard to the provisions of 7-15-4262 and 7-15-4264, for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan. The municipality may, after a public hearing, extend the time for a period not to exceed 3 years.
History: En. Sec. 9, Ch. 195, L. 1959; amd. Sec. 1, Ch. 134, L. 1973; R.C.M. 1947, 11-3909(c).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4267. Cooperation by public bodies

7-15-4267. Cooperation by public bodies.
(1) For the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project located within the area in which it is authorized to act, any public body authorized by law or by this part or part 43, upon such terms, with or without consideration, as it may determine, may:
(a) dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or other rights or privileges therein to a municipality;
(b) incur the entire expense of any public improvements made by such public body in exercising the powers granted in this section;
(c) do any and all things necessary to aid or cooperate in the planning or carrying out of an urban renewal plan;
(d) lend, grant, or contribute funds to a municipality;
(e) enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a municipality or other public body respecting action to be taken pursuant to any of the powers granted by this part or part 43, including the furnishing of funds or other assistance in connection with an urban renewal project;
(f) cause to be furnished public buildings and public facilities, including parks; playgrounds; recreational, community, educational, water, sewer, or drainage facilities; or any other works which it is otherwise empowered to undertake;
(g) furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, sidewalks, ways, or other places;
(h) plan or replan or zone or rezone any part of the urban renewal area; and
(i) provide such administrative and other services as may be deemed requisite to the efficient exercise of the powers herein granted.
(2) Any sale, conveyance, lease, or agreement provided for in this section shall be made by a public body with appraisal, public notice, advertisement, or public bidding in accordance with provisions of 7-15-4263.
History: En. Sec. 13, Ch. 195, L. 1959; R.C.M. 1947, 11-3913(a), (b).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4277. Short title

7-15-4277. Short title.
Sections 7-15-4277 through 7-15-4280 may be cited as the "Targeted Economic Development District Act".
History: En. Sec. 1, Ch. 214, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4278. Legislative findings -- purpose

7-15-4278. Legislative findings -- purpose.
The legislature finds and declares that:
(1) infrastructure-deficient areas exist in the local governments of the state and constitute a serious impediment to the development of infrastructure-intensive, value-adding economic development in Montana;
(2) local governments lack sufficient capital to rectify the infrastructure shortage in infrastructure-deficient areas, thus impeding their ability to achieve economic growth through the development of value-adding industries;
(3) the creation of infrastructure in support of value-adding economic development is a matter of state policy and state concern because the state and its local governments will continue to suffer economic dislocation due to the lack of value-adding industries; and
(4) the state's tax increment financing laws should be used to encourage the creation of areas in which needed infrastructure for value-adding industries could be developed.
History: En. Sec. 2, Ch. 214, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4279. Targeted economic development districts

7-15-4279. Targeted economic development districts.
(1) A local government may, by ordinance and following a public hearing, authorize the creation of a targeted economic development district in support of value-adding economic development projects. The purpose of the district is the development of infrastructure to encourage the location and retention of value-adding projects in the state.
(2) A targeted economic development district:
(a) must consist of a continuous area with an accurately described boundary that is large enough to host a diversified tenant base of multiple independent tenants;
(b) must be zoned to permit the supported value-adding economic development uses for which the district is intended or unzoned, provided development of the district is:
(i) for uses by a local government under Title 76, chapter 2, part 2 or 3, in accordance with the area growth policy, as defined in 76-1-103; or
(ii) if a county has not adopted a growth policy, then for uses in accordance with the development pattern and zoning regulations or the development district adopted under Title 76, chapter 2, part 1;
(c) may not comprise any property included within an existing tax increment financing district;
(d) must, prior to its creation, be found to be deficient in infrastructure improvements as stated in the resolution of necessity adopted under 7-15-4280;
(e) must, prior to its creation, have in place a comprehensive development plan adopted by the local governments that ensures that the district can host a diversified tenant base of multiple independent tenants; and
(f) may not be designed to serve the needs of a single district tenant or group of nonindependent tenants.
(3) The local government may use tax increment financing pursuant to the provisions of 7-15-4282 through 7-15-4294 for the targeted economic development district. If the local government uses tax increment financing, the use of and purpose for tax increment financing must be specified in the comprehensive development plan required in subsection (2)(e). The plan must also describe how the expenditure of tax increment will promote the development of infrastructure to encourage the location and retention of value-adding projects in the targeted economic development district.
History: En. Sec. 3, Ch. 214, L. 2013; amd. Sec. 1, Ch. 160, L. 2015; amd. Sec. 5, Ch. 278, L. 2017; amd. Sec. 1, Ch. 575, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 15. Housing and Construction › Part 42. Urban Renewal › 7-15-4280. Resolution of necessity required for targeted economic development district

7-15-4280. Resolution of necessity required for targeted economic development district.
A local government may not exercise the powers provided in part 43 or this part unless it has adopted a resolution of necessity finding that:
(1) one or more infrastructure-deficient areas exist in the local government; and
(2) the infrastructure improvement of the area is necessary for the welfare of the residents of the local government.
History: En. Sec. 4, Ch. 214, L. 2013.