Sec. 8-124. Declaration of public policy.
Sec. 8-124. Declaration of public policy. It is found and declared that there have
existed and will continue to exist in the future in municipalities of the state substandard,
insanitary, deteriorated, deteriorating, slum or blighted areas which constitute a serious
and growing menace, injurious and inimical to the public health, safety, morals and
welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, necessitating excessive and
disproportionate expenditures of public funds for the preservation of the public health
and safety, for crime prevention, correction, prosecution, punishment and the treatment
of juvenile delinquency and for the maintenance of adequate police, fire and accident
protection and other public services and facilities, and the existence of such areas constitutes an economic and social liability, substantially impairs or arrests the sound growth
of municipalities, and retards the provision of housing accommodation; that this menace
is beyond remedy and control solely by regulatory process in the exercise of the police
power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids herein provided; that the acquisition of property for the purpose
of eliminating substandard, insanitary, deteriorated, deteriorating, slum or blighted conditions thereon or preventing recurrence of such conditions in the area, the removal of
structures and improvement of sites, the disposition of the property for redevelopment
incidental to the foregoing, the exercise of powers by municipalities acting through
agencies known as redevelopment agencies as herein provided, and any assistance which
may be given by any public body in connection therewith, are public uses and purposes
for which public money may be expended and the power of eminent domain exercised;
and that the necessity in the public interest for the provisions of this chapter is hereby
declared as a matter of legislative determination.
(1949 Rev., S. 988; 1953, S. 483d; November, 1955, S. N30; 1959, P.A. 397, S. 1.)
History: 1959 act added word "deteriorating".
Inclusion within area of certain properties which are not substandard does not constitute unreasonable or arbitrary
action because it is condition obtaining as to entire area and not as to individual properties which is determinative. 147 C.
321. Addition of word "deteriorating" indicates legislative intent that section is to be liberally construed. Id. In determination
whether property which is not substandard is essential to plan of redevelopment, condition obtaining as to entire area and
not as to individual properties is determinative. Condition of plaintiffs' buildings and use to which they are devoted have
significance on question whether they could not be successfully integrated into overall plan for area in order to achieve
its objective. If they could not be, then acquisition of property was essential to complete an adequate unit of development,
even though the property was not, in itself, substandard. 150 C. 42. Cited. 162 C. 531.
Authority and obligations under Redevelopment Act discussed. 51 CA 262.