[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown 4-27-2004 by Ord. No. 2004-15. Amendments noted where applicable.]
The purpose of this chapter is to authorize the City of Hagerstown to acquire blighted properties and to subsequently dispose of said properties thereby promoting public health, safety, and welfare, and facilitating the use and enjoyment of property.
Pursuant to Maryland law and the Charter of the City of Hagerstown, the City may:
Subject to the provisions of Subsection D of this section, acquire, within the corporate limits of the City of Hagerstown, land and property of every kind, and any right, interest, franchise, easement or privilege therein, by purchase, lease, gift, condemnation or any other legal means, for development or redevelopment, including, but not limited to, the comprehensive renovation or rehabilitation thereof; and
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 improved 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 the City for any of the aforementioned purposes, or in connection with the exercise of any of the powers authorized hereunder, shall be taken without just compensation, as agreed upon between the parties or awarded by a jury, being first paid or tendered to the party entitled to such compensation.
All land or property needed, or taken by the exercise of the power of eminent domain, by the City for any of the aforementioned purposes, or in connection with the exercise of any of the powers authorized hereunder, is hereby declared to be needed or taken for a public use or a public benefit.
Before the acquisition of any single-family or multiple-family dwelling unit, or other structure, is made under this chapter, a finding or determination shall be made that:
The dwelling unit or structure has deteriorated to such an extent as to constitute a serious and growing menace to the public health, safety and welfare;
The dwelling unit or structure is likely to continue to deteriorate unless corrected;
The continued deterioration of the dwelling unit or structure will contribute to the blighting or deterioration of the area immediately surrounding the dwelling unit or structure; and
The owner of the dwelling unit or structure has failed to correct the deterioration thereof.
The City shall adopt an ordinance for each acquisition of land or property made under the provisions of this chapter.
The provisions of this chapter are severable, and if any provision, sentence, clause, paragraph or part hereof is held or determined to be illegal, invalid or unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, paragraphs or parts of this chapter or their application to other persons or circumstances.