Request By:
Marcus A. Hanna, Esq.
Special Counsel, City of Bellevue
Poplar and Van Voast
Bellevue, Kentucky 41073
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter stating that the City of Bellevue has undertaken a study of land use within its corporate limits and has, through retained engineers and consultants, prepared a comprehensive plan for redevelopment. Your question concerns whether KRS 99.330 et seq. may be used by a city of the fourth class as the basis for its redevelopment planning. You are not certain as to whether KRS Chapter 99 is limited to cities of the first or second class or whether certain provisions of that chapter are applicable to cities of other classes.
While many of the provisions of KRS Chapter 99 are limited to cities of the first or second class, KRS 99.330 to 99.510, pertaining to "Urban Renewal and Community Development, " is not so limited. KRS 99.330, dealing with the legislative finding and policy, provides in part that there exists in many communities slum areas and blighted areas (as defined in KRS 99.340) which constitute a serious and growing menace and are beyond remedy and control solely by regulatory process in the exercise of the police power. Furthermore, it is the policy of this Commonwealth to protect and promote the health, safety and welfare of its people and particularly of the communities in which such slum areas and blighted areas exist by the elimination of such conditions.
"Community" is defined in KRS 99.340(4) as "any city or county." In addition, KRS 99.340(3) contains the following definition of "redevelopment: "
"'Redevelopment' means the planning or replanning, design or redesign, acquisition, clearance, development and disposal, or any combination of these, of a development area and the preparation of such area for such residential, commercial, industrial, public, recreational or other structures, works, improvements, facilities or spaces as may be appropriate or necessary. 'Redevelopment' and derivatives thereof shall mean develop as well as redevelop."
KRS 99.350 authorizes a city to create and establish an agency pursuant to KRS 99.330 to 99.510 to handle matters pertaining to urban renewal and community development or such functions can be handled either by the community or the housing commission of the community. See OAG 76-562, copy enclosed. Note also the provisions of KRS 99.360 (powers of the agency), KRS 99.490 (exercise of agency powers by community or housing commission) and KRS 99.370 (prerequisites for adoption of a development plan).
Thus, in view of the definitions of "community" and "redevelopment" as set forth in KRS 99.340, it is our opinion that a city of the fourth class may utilize the provisions of KRS 99.330 to 99.510 in connection with the preparation of a plan for redevelopment in the city.