Montana Code Annotated
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.

Structure Montana Code Annotated

Montana Code Annotated

Title 7. Local Government

Chapter 15. Housing and Construction

Part 42. Urban Renewal

7-15-4201. Short title

7-15-4202. Existence of blighted areas and resulting problems -- statement of policy

7-15-4203. Need for redevelopment and rehabilitation of blighted areas

7-15-4204. Interpretation

7-15-4205. Scope

7-15-4206. Definitions

7-15-4207. Prohibition against discrimination

7-15-4208. Encouragement of private enterprise

7-15-4209. Development of workable urban renewal program

7-15-4210. Resolution of necessity required to utilize provisions of part

7-15-4211. Preparation of comprehensive development plan for municipality

7-15-4212. Preparation of urban renewal plan

7-15-4213. Review of urban renewal plan by planning commission

7-15-4214. Hearing on urban renewal plan required

7-15-4215. Notice of hearing on urban renewal plan

7-15-4216. Requirements for approval of urban renewal plans and projects

7-15-4217. Criteria for approval of urban renewal project

7-15-4218. Voter approval of urban renewal plan required when general obligation bonds to be used

7-15-4219. Effect of approval of urban renewal project

7-15-4220. Use of neighborhood development program to implement urban renewal activities

7-15-4221. Modification of urban renewal project plan

7-15-4222. through 7-15-4230 reserved

7-15-4231. Exercise of powers related to urban renewal

7-15-4232. Authorization to assign urban renewal powers to municipal departments or to create urban renewal agency

7-15-4233. Powers which may be exercised by urban renewal agency or authorized department

7-15-4234. Urban renewal agency to be administered by appointed board of commissioners

7-15-4235. Restrictions on agency commissioners holding other public office

7-15-4236. Conduct of business

7-15-4237. Annual report

7-15-4238. Employment of necessary staff

7-15-4239. Control of conflict of interest

7-15-4240. Misconduct in office

7-15-4241. through 7-15-4250 reserved

7-15-4251. General powers of municipalities in connection with urban renewal

7-15-4252. Prevention and elimination of urban blight

7-15-4253. Relocation of displaced families

7-15-4254. Municipal power in the preparation of various plans

7-15-4255. Authority to provide or contract for services related to urban renewal

7-15-4256. Restriction on operation of certain utility services by municipality

7-15-4257. Authority to enter private property

7-15-4258. Acquisition and administration of real and personal property

7-15-4259. Exercise of power of eminent domain

7-15-4260. Exemption from levy and sale for certain property

7-15-4261. Exemption from taxation for certain property

7-15-4262. Disposal of municipal property in urban renewal areas

7-15-4263. Procedure to dispose of property to private persons

7-15-4264. Obligations of transferees of municipal property in urban renewal area

7-15-4265. Presumption of regularity in transfer of title

7-15-4266. Temporary use of municipal property in urban renewal area

7-15-4267. Cooperation by public bodies

7-15-4268. through 7-15-4276 reserved

7-15-4277. Short title

7-15-4278. Legislative findings -- purpose

7-15-4279. Targeted economic development districts

7-15-4280. Resolution of necessity required for targeted economic development district

7-15-4281. Financial authority in connection with urban renewal

7-15-4282. Authorization for tax increment financing

7-15-4283. Definitions related to tax increment financing

7-15-4284. Filing of tax increment provisions plan or district ordinance

7-15-4285. Determination and report of original, actual, and incremental taxable values

7-15-4286. Procedure to determine and disburse tax increment -- remittance of excess portion of tax increment for targeted economic development district

7-15-4287. Provision for use of portion of tax increment

7-15-4288. Costs that may be paid by tax increment financing

7-15-4289. Use of tax increments for bond payments

7-15-4290. Use of property taxes and other revenue for payment of bonds

7-15-4291. Voluntary agreement to remit unused portion of urban renewal district tax increments

7-15-4292. Termination of tax increment financing -- exception

7-15-4293. Adjustment of base taxable value following change of law or local disaster

7-15-4294. Assessment agreements

7-15-4295. Repealed

7-15-4296. Repealed

7-15-4297. Repealed

7-15-4298. Repealed

7-15-4299. Repealed