NRS 279.388 “Blighted area” defined.

467 words·~2 min read·/nv/chapter-279-redevelopment-of-communities/279-388·

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

1. Except as otherwise provided in subsection 2, “blighted area” means an area which is characterized by at least four of the following factors:

(a)The existence of buildings and structures, used or intended to be used for residential, commercial, industrial or other purposes, or any combination thereof, which are unfit or unsafe for those purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime because of one or more of the following factors:

(1)Defective design and character of physical construction.

(2)Faulty arrangement of the interior and spacing of buildings.

(3)Inadequate provision for ventilation, light, sanitation, open spaces and recreational facilities.

(4)Age, obsolescence, deterioration, dilapidation, mixed character or shifting of uses.

(b)An economic dislocation, deterioration or disuse.

(c)The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development.

(d)The laying out of lots in disregard of the contours and other physical characteristics of the ground and surrounding conditions.

(e)The existence of inadequate streets, open spaces and utilities.

(f)The existence of lots or other areas which may be submerged.

(g)Prevalence of depreciated values, impaired investments and social and economic maladjustment to such an extent that the capacity to pay taxes is substantially reduced and tax receipts are inadequate for the cost of public services rendered.

(h)A growing or total lack of proper utilization of some parts of the area, resulting in a stagnant and unproductive condition of land which is potentially useful and valuable for contributing to the public health, safety and welfare.

(i)A loss of population and a reduction of proper use of some parts of the area, resulting in its further deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere.

(j)The environmental contamination of buildings or property.

(k)The existence of an abandoned mine.

2. If the subject of the redevelopment is an eligible railroad or facilities related to an eligible railroad, “blighted area” means an area which is characterized by at least four of the factors set forth in subsection 1 or characterized by one or more of the following factors:

(a)The existence of railroad facilities, used or intended to be used, for commercial, industrial or other purposes, or any combination thereof, which are unfit or unsafe for those purposes because of age, obsolescence, deterioration or dilapidation.

(b)A growing or total lack of proper utilization of the railroad facilities resulting in a stagnant and unproductive condition of land which is potentially useful and valuable for contributing to the public health, safety and welfare.

(c)The lack of adequate rail facilities that has resulted or will result in an economic hardship to the community.