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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>76351</law_id><section_number>36-51</section_number><catch_line>Redevelopment plans</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>36-27.2</reference><reference>36-48</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="36">Housing</unit><unit label="chapter" level="2" order_by="1" identifier="1">Housing Authorities Law</unit><unit label="article" level="3" order_by="1" identifier="7">Redevelopment Projects</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> An <span class="dictionary">authority</span> shall not implement any redevelopment plan under this <span class="dictionary">law</span> until the governing body of the <span class="dictionary">locality</span> has approved the redevelopment plan, which provides an outline for the development or redevelopment of the <span class="dictionary">redevelopment area</span> and is sufficiently complete to indicate (i) its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements; (ii) proposed land uses and building requirements in the <span class="dictionary">redevelopment area</span>; (iii) the land in the <span class="dictionary">redevelopment area</span> that the <span class="dictionary">authority</span> does not intend to acquire; (iv) the land in the <span class="dictionary">redevelopment area</span> that will be made available after acquisition to nongovernmental persons or entities for redevelopment and that land which will be made available after acquisition to public enterprise for redevelopment; (v) anticipated funding sources that may be sufficient to acquire all property designated for acquisition within five years of the <span class="dictionary">locality</span>&#x2019;s approval; and (vi) the method for the temporary relocation of persons living in the <span class="dictionary">redevelopment areas</span>; and also the method for providing (unless already available) decent, safe and sanitary dwellings in the <span class="dictionary">locality</span> substantially equal in number to the number of substandard dwellings to be cleared from the <span class="dictionary">redevelopment area</span>, at rents within the financial reach of the income groups displaced from such substandard dwellings. Any <span class="dictionary">locality</span> is hereby authorized to approve redevelopment plans through their governing body or agency designated for that purpose. <a id="paragraph-274082" class="section-permalink" href="https://vacode.org/36-51/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> No sooner than thirty months or later than thirty-six months following the date of the <span class="dictionary">locality</span>&#x2019;s approval of the redevelopment plan (hereinafter called the &#x201C;approval date&#x201D;), the <span class="dictionary">locality</span> shall review and determine by resolution whether to reaffirm the redevelopment plan. Where the <span class="dictionary">locality</span> fails to reaffirm the redevelopment plan, any <span class="dictionary">real property</span> within the <span class="dictionary">redevelopment area</span> that has not been acquired by the <span class="dictionary">authority</span>, or for which a <span class="dictionary">petition</span> in condemnation has not been filed by the <span class="dictionary">authority</span>, prior to the date of adoption of such resolution by the <span class="dictionary">locality</span> (hereinafter called the &#x201C;termination date&#x201D;) shall no longer be eligible for acquisition by the <span class="dictionary">authority</span> unless the <span class="dictionary">authority</span> and the property owner mutually agree to the acquisition, in which case the <span class="dictionary">authority</span> shall be specifically empowered to acquire the property. For purposes of this section, a mediation request submitted by either the <span class="dictionary">authority</span> or the property owner, in accordance with &#xA7; <a class="law" title="Eminent domain" href="/36-27/">36-27</a>, prior to the termination date shall preserve the <span class="dictionary">authority</span>&#x2019;s right to file a <span class="dictionary">petition</span> in condemnation relating to such <span class="dictionary">real property</span> for a period of six months after the termination date. <a id="paragraph-274083" class="section-permalink" href="https://vacode.org/36-51/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Where the <span class="dictionary">locality</span> reaffirms the redevelopment plan, the <span class="dictionary">authority</span> shall continue to be authorized to acquire <span class="dictionary">real property</span> within the <span class="dictionary">redevelopment area</span> by purchase, or through the institution of eminent domain proceedings in accordance with &#xA7; <a class="law" title="Eminent domain" href="/36-27/">36-27</a>, until the fifth anniversary of the approval date. Any <span class="dictionary">real property</span> within the <span class="dictionary">redevelopment area</span> that has not been acquired by the <span class="dictionary">authority</span>, or for which a <span class="dictionary">petition</span> in condemnation has not been filed by the <span class="dictionary">authority</span>, prior to the fifth anniversary of the approval date, shall no longer be eligible for acquisition by the <span class="dictionary">authority</span> unless the <span class="dictionary">authority</span> and the property owner mutually agree to the acquisition, in which case the <span class="dictionary">authority</span> shall be specifically empowered to acquire the property. For purposes of this section, a mediation request submitted by either the <span class="dictionary">authority</span> or the property owner, in accordance with &#xA7; <a class="law" title="Eminent domain" href="/36-27/">36-27</a>, prior to the fifth anniversary of the approval date, shall preserve the <span class="dictionary">authority</span>&#x2019;s right to file a <span class="dictionary">petition</span> in condemnation relating to the <span class="dictionary">real property</span> for a period of six months after the fifth anniversary of the approval date. <a id="paragraph-274084" class="section-permalink" href="https://vacode.org/36-51/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> Notwithstanding the provisions of this section, a <span class="dictionary">locality</span> shall not be precluded from adopting a new redevelopment plan, in accordance with this section, which designates a <span class="dictionary">redevelopment area</span> that includes <span class="dictionary">real property</span> that was previously included within a <span class="dictionary">redevelopment area</span> under a previously adopted redevelopment plan. <a id="paragraph-274085" class="section-permalink" href="https://vacode.org/36-51/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> If the <span class="dictionary">authority</span> decides against acquiring <span class="dictionary">real property</span> designated for acquisition under an approved redevelopment plan after having made a written purchase offer to the owner of the property, it shall, upon the written request of the property owner given no later than one year after the date of written notice from the <span class="dictionary">authority</span> to the property owner of its decision not to acquire his property, reimburse the owner of the property his reasonable expenses incurred in connection with the proposed acquisition of his property. Reasonable expenses shall include, but are not limited to, reasonable fees of attorneys and appraisers or other experts necessary to establish the value of the property to be appraised. <a id="paragraph-274086" class="section-permalink" href="https://vacode.org/36-51/#E"><i class="fa fa-link"/></a></p></section></text><history>1946, p. 279; Michie Suppl. 1946, &#xA7; 3145(8d); 2001, c. 729; 2006, c. 784.</history><metadata></metadata></law>
