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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Alice Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)

Citation
Alice Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
Parent Document
Alice Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
Effective Date
1986-04-21

Other Sections in This Document (44)

Full Text

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13
However, the landlord here is a state entity whose power to acquire property and displace tenants is circumscribed by any conditions set forth in the legislative grant of its authority. Section 21 of the DDA Act requires that the DDA take certain steps prior to approving a "renewal project." It must (1) determine by resolution that the area affected is a slum or blighted area; (2) submit the renewal plan to the city planning board for review and recommendations as to the conformity of the renewal project with the general plan for development of the city; (3) hold a public hearing on the renewal project; and (4) find that "a feasible method exists for the location of families who will be displaced from the renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families."2 Thus, if the Apartments were acquired as part of a renewal project, the DDA could not terminate appellants' tenancy at will simply by giving the required notice but had also to meet the requirements of Sec. 21. The DDA completed the first two of the above requirements but neglected to hold a public hearing or make any provision for feasible relocation of persons displaced by the acquisition and demolition of the Apartments. Appellants' property interest in their tenancy at will therefore continued so long as these conditions were not met, and if the district court finds that their interest was prematurely cut off, they will be entitled to just compensation therefor.3