House Bill 564

AN ACT TO AMEND SECTION 43-35-31, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "URBAN RENEWAL PROJECT POWERS" BY REMOVING FROM ANY URBAN RENEWAL AGENCY OR HOUSING AUTHORITY THE POWER TO EXERCISE EMINENT DOMAIN WHEN AN AGENCY OR AUTHORITY IS OPERATING UNDER THE URBAN RENEWAL LAW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-35-31, Mississippi Code of 1972, is amended as follows:

43-35-31. (a) 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 Section 43-35-33) or by the housing authority, if one exists or is subsequently established in the community. In the event the local governing body makes such determination, the urban renewal agency or the housing authority, as the case may be, shall be vested with all of the urban renewal project powers in the same manner as though all such powers were conferred on such agency or authority instead of the municipality. If the local governing body does not elect to make such determination, the municipality, in its discretion, may exercise its urban renewal project powers through a board or commissioner or through such officers of the municipality as the local governing body may by resolution determine.

(b) As used in this section, the term "urban renewal project powers" shall include the rights, powers, functions and duties of a municipality under this article, except the following: the power to determine an area to be a slum or blighted area or combination thereof and to designate such area as appropriate for an urban renewal project and to hold any public hearings required with respect thereto; the power to approve urban renewal plans and modifications thereof; the power to establish a general plan for the locality as a whole; the power to formulate a workable program under Section 43-35-9; the power to make the determinations and findings provided for in Section 43-35-7, Section 43-35-11, and subsection (d) of Section 43-35-13; the power to issue general obligation bonds; * * *~~and~~ the power to appropriate funds, to levy taxes and assessments, and to exercise other powers provided for in subsection (h) of Section 43-35-15 and the power to exercise eminent domain.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.