18-3408. Land bank; acquire property; limits; maintenance; accept transfer from land reutilization authority.

613 words·~3 min read·/ne/chapter-18/18-3408

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A land bank may acquire real property or interests in real property by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the land bank considers proper.

(2)A land bank may acquire real property or interests in real property by purchase contracts, lease-purchase agreements, installment sales contracts, or land contracts and may accept transfers from political subdivisions upon such terms and conditions as agreed to by the land bank and the political subdivision. Notwithstanding any other law to the contrary, any political subdivision may transfer to the land bank real property and interests in real property of the political subdivision on such terms and conditions and according to such procedures as determined by the political subdivision.

(3)A land bank shall maintain all of its real property in accordance with the laws and ordinances of the jurisdiction in which the real property is located.

(4)A land bank shall not own or hold real property located outside the jurisdictional boundaries of the municipality or municipalities that created the land bank. For purposes of this subsection, jurisdictional boundaries of a municipality does not include the extraterritorial zoning jurisdiction of such municipality.

(5)A land bank may accept transfers of real property and interests in real property from a land reutilization authority on such terms and conditions, and according to such procedures, as mutually determined by the transferring land reutilization authority and the land bank.

(6)A land bank shall not hold legal title at any one time to more than:

(a)Seven percent of the total number of parcels located in a city of the metropolitan class, and no more than ten percent of such parcels shall be zoned as commercial property;

(b)Three percent of the total number of parcels located in a city of the primary class, and no more than five percent of such parcels shall be zoned as commercial property;

(c)Five percent of the total number of parcels located in a city of the first class, and no more than five percent of such parcels shall be zoned as commercial property; or

(d)Ten percent of the total number of parcels located in a city of the second class or village, and no more than five percent of such parcels shall be zoned as commercial property.

(7)A land bank shall not acquire a parcel that is zoned as commercial property unless

(a)the parcel has been vacant for at least three years or

(b)the owner of the parcel has been directed by the relevant municipality to remove a nuisance found on such parcel but has failed to do so.

(8)A land bank shall not enter into an agreement with any nonprofit corporation or other private entity for the purpose of temporarily holding real property on behalf of such nonprofit corporation or private entity for a period longer than one year unless the depositing entity has entered into a community benefits agreement, to which the land bank shall also be a party. For the purposes of this subsection:

(a)Community benefits agreement means a legally binding contract between the depositing entity, a land bank, and local community groups, where the depositing entity commits to specific community benefits, such as affordable housing, local hiring, living wages, or community services, for large projects undertaken by the depositing entity, and in exchange, the local community groups agree to support or not oppose such projects; and

(b)Local community groups shall include, but are not limited to, neighborhood or block associations, business improvement districts, service and fraternal organizations, and faith-based organizations within the neighborhood in which the proposed project will be located.