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COMPARISON OF CONSTITUTIONS

PROPOSED CONSTITUTION OF 1968

CONSTITUTION OF 1867


provided such legislation limits the con-

demning authority's utilization of the ac-

quisition procedures specified in this section

to occasions where it has acquired or is

acquiring by purchase or other procedures

one-half or more of the several takings of

land or interests in land necessary for any

given water supply, sewerage or drainage

extension or construction project.

Art. III, sec. 61. (a) The General As-

sembly may authorize and empower any

county or any municipal corporation, by

public local law:

(1) To carry out urban renewal projects

which shall be limited to slum clearance in


slum or blighted areas and redevelopment


or the rehabilitation of slum or blighted


areas, and to include the acquisition,


within the boundary lines of such county


or municipal corporation, of land and prop-


erty of every kind and any right, interest,


franchise, easement or privilege therein, by


purchase, lease, gift, condemnation or any


other legal means. The term "slum area"


shall mean any area where dwellings pre-


dominate which, by reason of depreciation,


overcrowding, faulty arrangement or de-


sign, lack of ventilation, light or sanitary


facilities, or any combination of these


factors, are detrimental to the public safety,


health or morals. The term "blighted area"


shall mean an area in which a majority of


buildings have declined in productivity by


reason of obsolescence, depreciation or


other causes to an extent they no longer


justify fundamental repairs and adequate


maintenance.


(2) To sell, lease, convey, transfer or


otherwise dispose of any of said land or


property, regardless of whether or not it has


been developed, redeveloped, altered or im-


proved and irrespective of the manner or


means in or by which it may have been


acquired, to any private, public or quasi


public corporation, partnership, association,


person or other legal entity.


No land or property taken by any county


or any municipal corporation for any of the


aforementioned purposes or in connection


with the exercise of any of the powers


which may be granted to such county or


municipal corporation pursuant to this


section by exercising the power of eminent


domain shall be taken without just com-


pensation, as agreed upon between the


parties, or awarded by a jury, being first


paid or tendered to the party entitled to


such compensation.

127


 

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