18-3410. Land bank; hold property in own name; inventory; consideration for transfer of property; form; powers; priorities for use; limits on certain dispositions; property intended for residential development; requirements.
631 words·~3 min read·
/ne/chapter-18/18-3410A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A land bank shall hold in its own name all real property acquired by the land bank irrespective of the identity of the transferor of such property.
(2)A land bank shall maintain and make available for public review and inspection an inventory of all real property held by the land bank.
(3)A land bank shall determine and set forth in policies and procedures of the board the general terms and conditions for consideration to be received by the land bank for the transfer of real property and interests in real property, which consideration may take the form of monetary payments and secured financial obligations, covenants and conditions related to the present and future use of the property, contractual commitments of the transferee, and such other forms of consideration as determined by the board to be in the best interest of the land bank.
(4)A land bank may convey, exchange, sell, transfer, grant, release and demise, pledge, and hypothecate any and all interests in, upon, or to real property of the land bank. A land bank may lease as lessor real property of the land bank for a period not to exceed twelve months, except that such twelve-month limitation shall not apply
(a)if the real property of the land bank is subject to a lease with a remaining term of more than twelve months at the time such real property is acquired by the land bank or
(b)if the real property of the land bank is held pursuant to an agreement with a nonprofit corporation or other private entity under subsection
(8)of section 18-3408 .
(5)The municipality or municipalities that created the land bank may establish by resolution or ordinance a hierarchical ranking of priorities for the use of real property conveyed by a land bank. Such ranking shall take into consideration the highest and best use that, when possible, will bring the greatest benefit to the community. The priorities may include, but are not limited to,
(a)use for purely public spaces and places,
(b)use for affordable housing,
(c)use for retail, commercial, and industrial activities,
(d)use for urban agricultural activities including the establishment of community gardens as defined in section 2-303 , and
(e)such other uses and in such hierarchical order as determined by the municipality or municipalities.
(6)The municipality or municipalities that created the land bank may require by resolution or ordinance that any particular form of disposition of real property, or any disposition of real property located within specified jurisdictions, be subject to specified voting and approval requirements of the board. Except and unless restricted or constrained in this manner, the board may delegate to officers and employees the authority to enter into and execute agreements, instruments of conveyance, and all other related documents pertaining to the conveyance of real property by the land bank.
(7)(a) For any real property of a land bank that is intended for residential development, the land bank shall advertise the availability of such property for sale for ninety days after acquiring the property or after completing demolition of any structure and site preparation necessary for development or until an offer to buy the property is accepted, whichever is earlier.
(b)Any conveyance of real property made as a result of the advertisement described in subdivision (7)(a) of this section may include a contractual provision allowing the land bank to reacquire the property at the original purchase price, exercise a right of reentry, or otherwise reacquire the property under terms established by the contract if construction has not commenced within a specific timeframe provided in the contract.
(c)This subsection shall not apply to any land bank created by a city of the metropolitan class or city of the primary class.