Chap. 190.—An ACT concerning blighted areas and substandard and insanitary
buildings in certain cities of the Commonwealth; providing for the creation of
corporations to clear such areas, demolish such buildings and undertake projects
for the redevelopment thereof; providing for the supervision of such corpora-
tions and approval of such. projects and plans for such redevelopment; granting
such corporations the power to acquire property for such purposes, to exercise
the power of eminent domain, and to sell, lease, exchange or donate such proper-
ty; and prescribing the powers and duties of councils and city planning com-
missions of such cities with respect to such redevelopment projects a

217}
Approved March 15, 1946

Be it enacted by the General Assembly of Virginia:

1. Section 1. This act shall be known and may be cited and
referred to as the “Urban Redevelopment Corporation Act”.

Section 2. It is hereby determined and declared that substandard
and insanitary areas exist in cities of the Commonwealth having a pop-
ulation of one hundred and ninety thousand inhabitants or more oc-
casioned by dense population, and inadequate planning, excessive land
coverage, lack of proper light, air and open space, defective design and
arrangement of buildings, lack of proper sanitary facilities, and the exist-
ence of buildings, which by reason of age, obsolescence, inadequate or
outmoded design, or physical deterioration, have become economic and
social liabilities ; that such conditions exist in areas where substandard,
insanitary, outworn or outmoded industrial, commercial or residential
buildings prevail, and the same are conducive to ill health, transmis-
sion of disease, infant mortality, juvenile delinquency and crime; that
such conditions impair the economic value of large areas, infecting them
with economic blight, and that such areas are characterized by depre-
ciated values, impaired investments, and inability to pay reasonable
taxes; that such conditions occur chiefly in areas which are subdivided
into small parcels; that their assembly for purposes of clearance, replan-
ning, rehabilitation and reconstruction is difficult and costly; that the
existence of such conditions and the failure to clear, replan, rehabilitate
or reconstruct these areas result in progressive deterioration, and in a
loss of population by the areas, cause a wasteful expenditure of public
tunds for policing and occasion large out-lays for the erection of public
facilities and services elsewhere; that it is impossible and uneconomic
for individual owners to independently undertake to remedy such con-
ditions; that it is desirable to encourage owners of property in such
areas to join together with or without others in corporate groups for
the purpose of clearing, replanning, rehabilitating and_ reconstructing
such areas by joint action; that it is necessary to authorize the creation
of corporations, with proper safeguards, inducements and opportunities
for the employment of private investment and capital in clearing, re-
planning, rehabilitating and reconstructing such areas; that such con-
ditions require the employment of capital on an investment basis, allow-
ing, however, the widest latitude in the amortization of any indebtedness
created thereby; that such conditions further require the acquisition of
adequate areas, at fair prices, the clearance of such areas through dem-
olition of existing obsolete, inadequate, unsafe and insanitary build-
ings and the redevelopment of such areas under proper supervision with
appropriate planning, land use and construction policies, and the clear-
ance, replanning, ‘rehabilitation and reconstruction of such areas on a
scale commensurate with the public welfare and needs; that the clear-
ance, replanning, reconstruction and rehabilitation of such areas are
public uses and purposes for which private property may be acquired;
that such substandard and insanitary areas constitute a menace to the
health, safety, morals, welfare and reasonable comfort of the citizens of
such cities and endanger the existence thereof; that such conditions
require the creation of the agencies, instrumentalities and corporations
hereinafter authorized, for the purpose of removing and arresting the
dangers and of attaining the ends herein sought; that the protection and
promotion of the health, safety, morals, welfare and reasonable comfort
of the citizens of such cities and the continued existence thereof are
matters of public concern; and the necessity in the public interest for
the provisions herein enacted is hereby declared as a matter of legisla-
tive determination..

Section 3. The following terms, whenever used or referred to
in this act, shall, unless a different intent clearly appears from the con-
text, be construed as follows:

(a) “City” shall mean any city having a population of one hundred
ninety thousand inhabitants or more.

(b) The term “insanitary area” shall mean an area that by reason
of lack of sanitary facilities, light, air and open spaces, is conducive to ill
health, transmission of disease, infant mortality, juvenile delinquency
and crime.

(c) The term “substandard area” shall mean an area that is pri-
marily residential and in which buildings are so located in relation to
other buildings and structures on the same lots or adjacent lots, or in
relation to the lot lines, as to make it impossible for improvements ta
be made on the buildings therein, to conform to the provisions of zoning,
building and housing laws or ordinances, heretofore or hereafter adopted
or amended.

(d) The term ‘development area’ shall mean an area of a city
which a City Planning Commission has found or shall find to be sub-
standard and insanitary for residential purposes, so that the clearance
replanning, rehabilitation or reconstruction thereof is necessary or ad-
visable to effectuate the public purposes declared in section two of thi:
act. Any development area may include any buildings or improvements
not in themselves substandard and insanitary, and any real property,
whether improved or unimproved, the inclusion of which is deemed
necessary for the effective clearance, replanning, reconstruction or re-
habilitation of the area primarily for residential purposes of which such
buildings, improvements or real property form a part.

(e) The term “development” shall mean a specific work, repair
or improvement to put into effect a development plan. The term shall
include the real property, buildings, and improvements owned, construct-
ed, managed or operated by a redevelopment corporation.

(f) The term “development cost” shall mean the amount deter-
mined by the supervising agency to be the reasonable cost of the develop-
ment, or part thereof, and shall include, among other costs, the reason-
able expense of planning the development, including preliminary studies
and surveys, neighborhood planning, and architectural and engineering
services, the reasonable value of the services performed for the incor-
porators of a redevelopment corporation in connection with the develop-
ment plan prior to incorporation and financing the development; the
carrying charges during construction, the reasonable cost of the real
property or any part thereof whether acquired partly or wholly in ex-
change for securities, the reasonable cost of demolition of existing struc-
tures, the reasonable cost of utilities, landscaping and roadways, the
reasonable cost of construction, equipment and furnishing of buildings
and improvements, including architectural, engineering and builder’s
fees. The reasonable cost of reconstruction, rehabilitation, remodeling
or initial repair of existing buildings and improvements, reasonable
management and operation costs until the development is ready for use,
and the reasonable cost of improving those portions of the development
area which are to remain open spaces, together with such additions to
development cost as shall equal the reasonable cost of additions to or
changes in the development in accordance with the original development
plan or after approved changes in or amendments thereto.

(g) The term “development plan” shall mean a plan for the re-
development of an area primarily for residential purposes and shall in-
clude any amendments thereto approved in accordance with the re-
quirements of section nine of this act.

(h) The term “mortgage” shall mean a mortgage, trust indenture,
deed of trust, building and loan contract or other instrument creating
a lien on real property, and the indebtedness secured by any of them.

(1) The term “neighborhood unit’? shall mean a primarily resi-
dential district having the facilities necessary for well-rounded family
living, such as schools, parks, playgrounds, parking areas and local
shopping districts.

(j) The term “City Planning Commission” shall mean the plan-
ning commission created pursuant to chapter eighty-eight of the Acts of
General Assembly of nineteen hundred thirty-four.

(k) The term “real property” shall include lands, buildings, im-
provements, land underwater, waterfront property, and any and all
easements, franchises and hereditaments, corporeal or incorporeal, and
every estate, interest, privilege, easement, franchise and right therein,
or appurtenant thereto, legal or equitable, including restrictions of rec-
ord, created by plat, covenant, or otherwise, rights-of-way terms for
years and liens, charges, or incumbrances by mortgage, judgement or
otherwise.

(1) The term “redevelopment” shall mean the clearance, re-
planning, reconstruction or rehabilitation of a substandard and insanitary
area primarily for residential purposes, and the provision for such busi-
ness or public structures and spaces as may be appropriate, including
recreational and other facilities, incidental or appurtenant thereto.

(m) The term “redevelopment corporation” shall mean a corpora-
tion organized pursuant to the provisions of this act.

(n) The term “supervising agency” shall mean the State Corpora
tion Commission.

Section 4. The City Planning Commission shall not designate any
area as a development area until at least thirty days notice of such in-
tention or proposal has been given to the owners of all real property in
such area and an opportunity is afforded them to be heard pursuant
thereto. Such notice shall be given in the manner provided in section
sixty hundred and forty-one of the Code of Virginia. If any such owner
be not a resident of this State or cannot with reasonable diligence be
found therein, or if it appears by affidavit that his residence is unknown,
such notice may be given by the publication thereof once a week for two
successive weeks, and posting a copy thereof not less than thirty days at
the front door of the courthouse prior to such hearing. The publication
shall in all other respects conform to sections sixty hundred and forty-
three, sixty hundred and sixty-nine and sixty hundred and seventy of
the Code of Virginia. If any such owner be an infant or insane person
and have no guardian or committee in this State, any court of record
in such cities, or the judge thereof in vacation, or the clerk of such
court, shall appoint a guardian ad litem for such infant or insane person
to appear therefor at such hearing to protect his or her interests. All
costs, expenses and fees involved in the giving of such notice and con-
ducting such hearing shall be paid by the proponents of the proposed
‘redevelopment plan.

Section 5. A development plan shall contain:

(a) A description of the development area by metes and bounds
or other definite designation ;

(b) A statement of the various stages, if more than one is intended,
by which the development is proposed to be constructed or undertaken,
and the approximate time limit for the completion of each stage, to-
gether with a description of the real property to be included in each
stage; provided, however, such time limit shall not exceed two years
when the development cost does not exceed one million dollars and
three years when such cost exceeds one million dollars, unless such time
limit is extended by the supervising agency ;

(c) A statement of the existing buildings or improvements in the
development area to be demolished immediately, if any ;
(d) A statement of existing buildings or improvements, in the
development area not to be demolished immediately, if any, and the
approximate period of time during which the demolition, if any, of each
such building or improvement is to take place ;

(e) A statement of the proposed improvements, if any, to each
building not to be demolished immediately, any proposed repairs or
alterations to such buildings, and the approximate period of time during
which such improvements, repairs or alterations are to be made;

(f{) A statement of the type, number and character of each new
structure or improvement to be erected or made;

(g) A statement of those portions, if any, of the development
area which may be permitted or will be required to be left as open space,
the use to which each such open space is to be put, the period of time
each such open space will be required to remain an open space and the
manner in which it will be improved and maintained if at all;

(h) A statement of those portions, if any, of the development
area which the redevelopment corporation proposes to sell, donate, ex-
change or lease to the School Board, public library board, or other pub-
lic agency and an outline of the term of such proposed sale, donation,
exchange or lease;

(1) A statement of the proposed changes, if any, in zoning ordi-
nances or maps, necessary or desirable for the development, and its
protection against blighting influences ;

(j) A statement of the proposed changes, if any, in streets or
street levels, and any proposed street closings ;

(k) A statement of the character of the existing dwelling accom-
modations, if any, in the development area, the approximate number
of families residing therein, together with a schedule of the rentals
being paid by them, and a schedule of the vacancies in such accommoda-
tions, together with the rental demanded therefor ;

(1) A statement of the character, approximate number of units,
approximate rentals and approximate date of availability of the proposed
dwelling accommodations, if any, to be furnished during construction
and upon completion of the development ;

(m) A statement of the proposed method of financing the develop-
ment which shall include a financial statement in sufficient detail to
demonstrate the probability that the redevelopment corporation will be
able to finance or arrange to finance the development ;

(n) A statement of persons who it is proposed will be active in
or associated with the management of the redevelopment corporation
during a period of at least one year from the date of the approval of
the development plan.

The development plan, and any application to the City Planning
Commission or supervising agency for approval thereof, shall contain
in addition such other statements or materials as may be deemed rele-
vant by the proposer thereof, including limits on the amounts which may
be paid as compensation for services to the officers and employees of
the redevelopment corporation.
Section 6. No development shall be commenced until certificates
of approval of the development plan therefor shall have been issued by
both the City Planning Commission and the supervising agency.

Section 7. The City Planning Commission may approve a de-
velopment plan, but no certificate of approval thereof shall be issued
by it unless and until an application for approval has been filed with it,
together with the development plan, unless and until the City Planning
Commission shall determine;

(a) That the development area is substandard and insanitary, and
that the redevelopment of the development area in accordance with
the development plan is necessary or advisable to effectuate the public
purposes declared in section two of this act;

(b) That the development plan is in accord with the master plan,
or city map, if any, of the city;

(c) That the development area is of sufficient size to allow its
redevelopment in an efficient and economically satisfactory manner;

(d) That the various stages, if any, by which the development is
proposed to be constructed or undertaken, as stated in the development
plan, are practicable and in the public interest ;

(e) That public facilities, including, but not limited to school,
fire, police, transportation, park, playground and recreation, are present-
ly adequate, or will be adequate, at the time that the development is
ready to use, to service the development area ;

({) That the proposed changes, if any, in zoning ordinances or
maps and in streets and street levels, or any proposed street closings,
are necessary or desirable for the development and its protection against
blighting influences, and for the city as a whole;

(g) Upon data submitted by or on behalf of the proponents of a
redevelopment corporation, or upon data otherwise available to the
City Planning Commission that there will be available for occupation
by families, if any, then occupying dwelling accommodations in the de-
velopment area similar accommodations at substantially similar rentals
in the development area or elsewhere in a suitable location in the city,
and that the carrying into effect of the development plan will not cause
undue hardship to such families.

In arriving at such determination, the City Planning Commission
shall consider only those elements of the development plan relevant to
such determination under paragraphs (a) through (g) of this section
and to the type of development which is physically desirable for the
development area concerned from a city planning viewpoint, and from
a neighborhood unit viewpoint. Upon approval of a development plan
by the City Planning Commission it shall forthwith issue a certificate
of approval thereof.

The City Planning Commission may adopt general standards of
city and neighborhood unit planning to which a development plan should
conform to be approved by it. Such standards, however, shall be as
flexible as possible and only for the guidance of prospective proponents
of development plans. Variations therefrom shall be freely allowed upon
a showing of their advisability, to the end that individual initiative may
be encouraged.

Section 8. The supervising agency may approve a development
plan, but flo certificate of approval thereof shall be issued by it unless
and until the City Planning Commission shall first have approved there-
of and there has been filed with the supervising agency the development
plan, the certificate of approval by the City Planning Commission and
an application for approval by the supervising agency, and unless and
until the supervising agency shall determine:

(a) That the proposed method of financing the development is
feasible and that it appears from the detailed financial statement that
it is reasonably certain that the redevelopment corporation will be able
to finance or arrange to finance the development ;

(b) That the persons who it is proposed will be active in or as-
sociated with the management of the redevelopment corporation during
the period of at least one year from the date of the approval of the de-
velopment plan have sufficient ability and experience to give reasonable
assurance that the development will be undertaken, consummated and
managed in a satisfactory manner.

In considering whether or not a certificate of approval of the
development plan shall be issued, the supervising agency shall consider
only those elements of the development plan relevant to such determina-
tion under paragraphs (a) and (b) of this section. Upon approval of
a development plan by the supervising agency, it shall forthwith issue
a certificate of approval thereof.

Section 9. The City Planning Commission and the supervising
agency may approve an amendment or amendments to a development
plan, but no such amendment to a development plan which has heretofore
been approved by the City Planning Commission and the supervising
agency shall be approved unless and until an application therefor has
been filed with the City Planning Commission and the supervising
agency by the redevelopment corporation containing that part of the
material required by section five of this act which shall be relevant to the
proposed amendment, and unless and until the City Planning Com-
mission or the supervising agency, as the case may be, shall make the
determinations required by sections seven and eight of this act which
shall be relevant to the proposed amendment.

Section 10. The City Planning Commission and the supervising
agency may each adopt a schedule of fees, which shall not exceed the
reasonable cost of the examing, inspectional and supervisory services
required under this act, which fees shall be paid into the treasury of such:
city and the Commonwealth, as the case may be.

Section 11. Three or more persons may become the proponents
of a redevelopment corporation, upon establishing their good faith and
interest in the redevelopment of an area. It is hereby made the duty of
the City Planning Commission to fully cooperate with such proponents
who expect in good faith to accomplish the public purpose designed by
this act.
Section 12. After the proponents of a redevelopment corporation
shall have prepared a development plan and the same has been approved
by the City Planning Commission and after the method of financing
the development and the persons connected therewith have beef approved
by the supervising agency, the said proponents, and others whom they
shall associate in the enterprise may become a redevelopment corpora-
tion upon executing, filing and recording articles of association, as here-
inafter set forth, subject to the provisions and requirements of this act, in
which articles of association there shall be stated:

1. The name of the proposed corporation, which shall contain the
words “redevelopment company or corporation,” as a part thereof.

2. The purposes for which it is to be formed, which shall be as
follows: To acquire, construct, maintain and operate a redevelopment
project in accordance with the provisions of this act.

3. The maximum and minimum amount of the capital stock and its
division into shares, each of which shall have a par value of at least one
dollar.

4. The city in which its principal business office is to be located.

5. The period, if any, limited for the duration of the corporation.

6. The number of directors, which shall not be less than five nor
more than thirteen.

The names and post-office addresses of the directors for the
first year.

8. The names and post-office addresses of the subscribers to the
articles of association and a statement of the number of shares of stock
which each agrees to take in the corporation.

Section 13. A redevelopment corporation shall be a public service
corporation and shall be subject to all of the provisions of chapters one
hundred and forty-seven, one hundred and forty-eight and one hundred
and fifty of the Code of Virginia in so far as such provisions are appli-
cable to such corporations and are not inconsistent with the provisions
of this act.

Section 14. In the event that income debenture certificates are
issued by the corporation the owners thereof shall have the same right
to vote as they would have if possessed of certificates of stock of the
amount and par value of the income debenture certificates held by them.
The articles of association shall provide for the retirement of income
debenture certificates or preferred stock of the company as and when
there shall be funds available in the treasury of the corporation from
the receipt of amortization or sinking fund installments provided for
that purpose. Interest shall not be paid by the company upon such in-
come debenture certificates at a higher rate than dividends may be paid
upon the capital stock of the corporation.

Section 15, The real property of the corporation shall not be sold
transferred or assigned except under and pursuant to the terms and
provisions of this act.

Section 16. All property acquired by the corporation and all struc-
tures erected by it, shall be deemed to be acquired for the purpose of
promoting the public health, safety and welfare, and the stockholders
of the corporation shall be deemed, when they subscribe to and receive
the stock thereof, to have agreed that they shall at no time receive or
accept from the corporation, in repayment of their investment in its
stock, any sums in excess of the par value of the stock, together with
cumulative dividends at the rate of six per centum per annum. The
provisions of this section shall be stated in the articles of association of
the corporation.

Section 17. All surplus earnings of the corporation, in excess of
such amount as is necessary to repay stockholders the par value of the
stock together with cumulative dividends at the rate of six per centum
per annum, shall be used to maintain and enlarge the project or provide
for redevelopment of other areas in the city. Upon the failure, refusal or
neglect of the corporation to maintain and enlarge the project or provide
for redevelopment of other areas in the city, such surplus earnings shall
be paid into the treasury of the city and may be used by the city for
general municipal purposes.

Section 18. All of the subscribers to the articles of association
shall be at least twenty-one years of age. At least two-thirds of them
shall be citizens of the United States, at least one of them shall be a
resident of the State of Virginia, and at least one of the persons named
as a director shall be a citizen of the United States and a resident of the
State of Virginia.

Section 19. No stock, stock certificates or other evidence of interest
or ownership in the corporation and no bond, note or other evidence of
indebtedness shall be issued by the corporation unless it complies with
all of the applicable provisions of chapter one hundred forty-five of the
Acts of nineteen hundred thirty-four; chapter three hundred sixty-six
of the Acts of nineteen hundred thirty-four, as amended; chapter two
hundred forty-seven of the Acts of nineteen hundred thirty-two, as
amended; section one hundred and sixty-seven of the Constitution and
section thirty-seven hundred and eighty-eight and sections thirty-seven
hundred fourteen and forty-four hundred and sixty-five of the Code of
Virginia ; and the corporation shall be bound by and required to comply
with such provisions of law.

Section 20. No corporation now organized under the laws of the
State shall change its name to a name, and no such corporation here-
after organized shall have a name, containing the word “redevelopment”
as a part thereof except as herein provided. No foreign corporation now
authorized to do business in the State shall change its name to a name,
and no such corporation shall hereafter be authorized to do business
in the State with a name, containing the word “redevelopment” as a
part thereof.

Section 21. No redevelopment corporation shall :

1. Change, alter, amend, add to or depart from the development
plan until the City Planning Commission or the supervising agency,
as the case may be, has approved that portion of such change, alteration,
amendment, addition or departure relevant to the determination required
to be made by it as set forth in sections seven and eight of this act;

2. After development has been commenced, sell, transfer or as-
sign any real property in the development area without first obtaining
the consent of the City Planning Commission and the supervising
agency ;

3. Undertake more than one development without obtaining the
approval of the City Planning Commission and supervising agency ;

4. Pay to its officers or employees as compensation for services,
or enter into contracts for the payment to its officers or employees of
compensation for services In an amount greater than the limit thereon
contained in the development plan, or in default thereof, then in an
amount greater than the reasonable value of the services performed by
such officers or employees, as determined by the supervising agency;

5. Mortgage any of its real property without obtaining the ap-
proval of the supervising agency ;

6. Make any guarantee without obtaining the approval of the
supervising agency ;

Dissolve without obtaining the approval of the supervising
agency, which may be given upon such conditions as the supervising
agency may deem necessary or appropriate to the protection of the in-
terest of the city, the holders of bonds, stocks, income debentures, and
of the general public, and no certificate of dissolution shall be issued
unless such approval has been given.

Section 22. Upon the completion of a development, a redevelop-
ment corporation shall, or upon the completion of a principal part of a
development, a redevelopment corporation may file with the super-
vising agency a verified statement of the cost thereof. Within a reason-
able time after the filing of such statement, the supervising agency shall
determine the development cost applicable to the development or such
portion thereof and shall issue to the redevelopment corporation a cer-
tificate stating the amount thereof as so determined.

A redevelopment corporation may, at any time, whether prior or sub-
sequent to the undertaking of any contract or expense, apply to the
supervising agency for a ruling as to whether any particular item of cost
therein may be included in development cost when finally determined
by the supervising agency, and the amount thereof. The supervising
agency shall, within a reasonable time after such application, render a
ruling thereon, and in the event that it shall be ruled that any item of
cost may be included in development cost, the amount thereof as so
determined shall be so included in development cost when finally deter-
mined.

Section 23. A redevelopment corporation shall:

1. Furnish to the supervising agency from time to time, as re-
quired by it, but with respect to regular reports not more often than once
every six months, such financial information, statements, audited reports
or other material as such supervising agency shall require, each of which
shall conform to such standards of accounting and financial procedure
as the supervising agency may by general regulation prescribe.

2. Establish and maintain such depreciation and other reserves,
surplus and other accounts as the supervising agency may reasonably
require, including, among others, a reserve for the payment of taxes,
licenses and other public charges.

Section 24. No redevelopment corporation shall pay any interest
on its income debentures or dividends on its stock during any dividend
year unless there shall exist at the time of such payment no default under
any amortization requirements with respect to its indebtedness, nor
unless all accrued interest, taxes and other public charges shall have
been duly paid or reserves set up for the payment thereof. Any rede-
velopment corporation shall be subject to the payment of taxes, licenses
and other public charges in the same manner and to the same extent
as any other private or business corporation.

Section 25. (a) It shall be unlawful for a redevelopment corpora-
tion to violate or fail, refuse or neglect to comply with the provisions
of this act or of any order, rule or regulation of the supervising agency
or city planning commission made pursuant to or in the administration
or enforcement of the provisions of this act.

(b) Every redevelopment corporation which violates, fails, refuses
or neglects to comply with the provisions of this act relating to the pow-
ers and duties of the supervising agency, or which fails, refuses or neg-
lects to comply with any order, rule or regulation of the supervising
agency made pursuant to or in the administration or enforcement of the
provisions of this act, shall be subject to the imposition of a fine by the
supervising agency of not exceeding five hundred dollars. Each such
violation, failure, refusal or neglect and each day’s continuance thereof
shall constitute a separate offense.

(c) Every redevelopment corporation which violates, fails, refuses
or neglects to comply with the provisions of this act relating to the pow-
ers and duties of the city planning commission, or which fails, refuses
or neglects to comply with any order, rule or regulation of the city plan-
ning commission made pursuant to or in the administration or enforce-
ment of the provisions of this act, shall be subject to the imposition of
a fine by the court of the city having jurisdiction of offenses against
the criminal laws of the State of not exceeding five hundred dollars.
Each such violation, failure, refusal or neglect and each day’s continu-
ance thereof shall constitute a separate offense.

(d) Whenever it appears to the supervising agency that a rede-
velopment corporation is about or attempting to violate the provisions
of this act relating to the powers and duties of the supervising agency,
or of any order, rule or regulation of the supervising agency made pur-
suant to or in the administration or enforcement of the provisions of this
act, the supervising agency may by appropriate order enjoin or re-
strain such violation temporarily or permanently. Whenever it appears
to the supervising agency that a redevelopment corporation has failed,
refused or neglected to comply with the provisions of this act relating
to the powers and duties of the supervising agency, or of any order,
rule or regulation of the supervising agency made pursuant to or in the
administration or enforcement of the provisions of this act, the super-
vising agency may by appropriate order require compliance with such
provisions of this act or such order, rule or regulation. The proceedings
under this paragraph of this section shall be analogous to and in ac-
cordance with proceedings in equity for injunction and mandamus, and
the supervising agency shall have power and authority to require a bond
with surety in accordance with the principles applicable in the courts
of equity of this State. The action of the supervising agency, subject to
the right of appeal, under this section shall be conclusive in any court
in the State in any matter, civil or criminal upon the same set of facts.

(e) Whenever it appears to the city planning commission that a
redevelopment corporation is about or attempting to violate or which
fails, refuses or neglects to comply with the provisions of this act re-
lating to the powers and duties of the city planning commission or of
any order, rule or regulation made pursuant to or in the administration
or enforcement of the provisions of this act, the city planning commis-
sion shall report such fact to the city attorney of such city, who shall
institute appropriate proceedings in any city court of record having
equity jurisdiction for a temporary or permanent injunction or manda-
mus, as the case may be, to require compliance with the provisions of
this act or of any order, rule or regulation made pursuant thereto; and
such city courts shall have jurisdiction to hear and determine the matters
involved and issue writs of injunction or mandamus, as the case may be,
in the exercise of their equitable discretion in the administration and
enforcement of the provisions of this act.

({) Every redevelopment corporation aggrieved by any final order
or decree of the supervising agency or any city court of record entered
pursuant to the provisions of this section shall have the right of appeal
to the Supreme Court of Appeals of Virginia.

Section 26. A redevelopment corporation may :

1. Acquire real property, or secure options in its own name or in
the name of nominees, by gift, grant, lease, purchase, condemnation or
otherwise, and all real property acquired by purchase shall be paid for
in full by the corporation within one year from the date of its acquisition.
All property acquired or damaged by the corporation for the purposes
defined in section two of this act is declared to have been so acquired
or damaged for public uses, as provided in section fifty-eight of the
Constitution.

2. <A redevelopment corporation shall have the right to acquire by
the exercise of the power of eminent domain any real property in fee
simple or other estate which 1s necessary to accomplish the purposes
of this act.

3. A redevelopment corporation may exercise the power of emi-
nent domain in the manner provided for corporations under and in ac-
cordance with existing general laws and in any acts amendatory thereof
or supplementary thereto. Property already devoted to a public use
may be acquired in like manner, provided that no real property belong-
ing to any city, county, the State, or any political subdivision thereof
may be acquired without its consent, and no real property belonging
to any other corporation possessing the power of eminent domain may
be acquired without the certificate of the State Corporation Commis-
sion issued in the manner provided by section thirty-eight hundred
thirty-two of the Code of Virginia.

Section 27. When it is desired that any real property in a de-
velopment area be acquired by condemnation, there shall be presented
to the City Planning Commission by the redevelopment corporation, a
verified petition requesting the issuance of a certificate of approval of
condemnation of such real property which shall contain, among other
things:

(a) A metes and bounds description of the real property involved
and a statement of the estate, interest, privileges, franchise or right there-
in or appurtenant thereto to be condemned ;

(b) Proof that such real property is within the development area ;

(c) Proof that certificates of approval of the development plan
required by section six of this act have been issued.

(d) Proof that the property sought to be condemned is essential
to the carrying out of the redevelopment.

The City Planning Commission shall determine within a reasonable
time thereafter the truth or sufficiency of the statements contained in
such petition, and, if such determination shall be in the affirmative, shall
approve the same. The Commission shall then report its findings to the
city council and the council shall direct that a public hearing shall be
held by an appropriate committee at which persons in interest and all
other persons shall have an opportunity to be heard. Notice shall be
given of the time and place of such hearing by publication in at least
two weekly issues of a newspaper of general circulation in such cities.
the second publication of such notice shall be at least ten days prior to
the holding of the hearing. At the conclusion of such hearing the com-
mittee shall report its findings and recommendations to the council and
if the council shall find such condemnation necessary in the public in-
terest, it shall approve the same and the development corporation may
then proceed to acquire the property by condemnation. The cost and
expense of such hearing and publication of such notice shall be borne
by the corporation. No condemnation proceeding to acquire real property
in a development area shall be commenced by a redevelopment corpora-
tion until the aforesaid finding is made and the approval of condemna-
tion shall have been obtained.

Section 28. The following provisions shall apply to any proceedings
for the assessment of compensation and damages for real property in a
development area taken or to be taken by condemnation for a redevelop-
ment corporation:

(a) For the purposes of this act, the award of compensation shall
not be increased by reason of any increase in the value of the real prop-
erty caused by the assembly, clearance or reconstruction, or proposed
assembly, clearance or reconstruction for the purposes of this act, of the
real property in the development area. No allowance shall be made for
the improvements begun on real property after legal service of notice
on the owner of such property of the institution of the proceedings to
condemn such property ;

(b) If any of the real property in the development area which is
to be acquired by condemnation has, prior to such acquisition, been de-
voted to another public use, it may nevertheless be acquired, provided
that no real property belonging to any city, county or to the State or
to any other governmental body, or agency or instrumentality thereof.
corporate or otherwise, may be acquired without its consent, and no
real property belonging to any other corporation possessing the power
of eminent domain may be acquired without the certificate of the State
Corporation Commission issued in the manner provided by section thirty-
eight hundred thirty-two of the Code of Virginia.

Section 29. When title to real property has been vested in a re-
development corporation by gift, grant, devise, purchase, or in condem-
nation proceedings or otherwise, the redevelopment corporation may
agree with the previous owners of such property, or any tenants con-
tinuing to occupy or use it or any other persons who may occupy or
use or seek to occupy or use such property, that such former owner,
tenant or other persons may occupy or use such property upon the pay-
ment of a fixed sum of money for a definite term or upon the payment
periodically of an agreed sum of money. Such occupation or use shall
not be construed as a tenancy from month to month, nor require the
giving of notice by the redevelopment corporation for the termination
of such occupation or use or the right to such occupation or use, but
immediately upon the expiration of the term for which payment has
been made the redevelopment corporation shall be entitled to possession
of the real property and may maintain appropriate legal or equitable
proceedings to acquire immediate possession thereof. A former owner,
tenant or other person occupying or using such property shall not be
required to give notice to the redevelopment corporation, at the expira-
tion of the term for which he has made payment for such occupation or
use, as a condition to his cessation of occupation or use and termination
of liability therefor.

Section 30. Any redevelopment corporation may borrow funds and
secure the repayment thereof by mortgage. Every such mortgage shall
contain reasonable amortization provisions and shall be a lien upon no
other real property except that forming the whole or a part of a single
development area.

Section 31. Any redevelopment corporation may accept grants or
loans of money from the Government of the United States or any depart-
ment or agency thereof, but no grant or loan from the Government of
the United States or any of its departments or agencies shall be made
or accepted until the same has been submitted to and approved by the
supervising agency authorized by this act.

Section 32. The local legislative body may by resolution determine
that real property within the development area, title to which is held
by the city, specified and described in such resolution, is not required for
use by the city and may authorize the city to convey, sell, or lease such
real property to a redevelopment corporation: provided, however, that
the title of the city to such real property be not declared inalienable by
law.
The deed or lease of such real property shall be executed in the
same manner as a deed or lease by the city of other real property owned
by it, and may contain appropriate conditions and provisions to enable
the city to re-enter the real property in the event of a violation by the
redevelopment corporation of the conditions or provisions of such deed
or lease.

A redevelopment corporation purchasing or leasing real property
from a city shall not use such real property for any purpose except in
connection with its development. The deed shall contain a condition that
the redevelopment corporation will devote the real property granted
only for the purposes of its development, subject to the restrictions of
this act, for breach of which the city shall have the right to re-enter and
epossess itself of the real property.

Section 33. This act shall be construed liberally to effectuate the
xUrposes hereof, and the enumeration of specific powers in this act shall
not operate to restrict the meaning of any general grant of power con-
tained in this act or to exclude other powers comprehended in such gen-
eral grant.

Section 34. If any clause, sentence, paragraph, section or part of this
act shall be adjudged by any court of competent jurisdiction to be in-
valid, such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.