Can an urban renewal agency tear down a building the city has condemned, even if the agency does not own the property?

Plain-English summary

Senator Trent Garner asked a follow-up to Op. Att'y Gen. 2019-043: can an urban renewal agency raze a structure that the city has condemned, even if the agency has not first acquired the structure?

The earlier opinion had said urban renewal agencies do not have independent city-style power to "order the removal or razing of, or remove or raze" property. Their built-in razing power runs only to property they have acquired in the redevelopment area. The new question was whether the city's prior condemnation order changed anything.

The AG said the answer likely turns on whether the agency acts in concert with the city. The opinion discusses three relevant provisions:

1. Cities have the demolition power. Ark. Code Ann. § 14-56-203 authorizes a city or town council to order the razing of buildings "that in the opinion of the city council or town council have become dilapidated, unsightly, unsafe, unsanitary, obnoxious, or detrimental to the public welfare."

2. Urban renewal agencies can make "plans for enforcement." Ark. Code Ann. § 14-169-705(c)(2) allows an "authority" to prepare "plans for the enforcement of laws, codes, and regulations" concerning land, buildings, and demolition. The AG read "enforcement" here as enforcement of city laws and codes, since urban renewal agencies have no independent authority to order razing or enforce such orders. Footnote 2 says "authority" includes housing authorities as well, without analyzing their powers.

3. Public bodies can enter agreements. Ark. Code Ann. § 14-169-706 authorizes a "public body" to enter agreements with another public body "respecting action to be taken pursuant to any of the powers granted by this subchapter." The AG cited this as a possible route for an agency to act in concert with the city.

The opinion declines to spell out the agency's role under § 14-169-705(c), because the statute offers no guidance on the scope or implementation of those plans. The AG said an agency "might act in concert with the city somehow, perhaps through some type of cooperative arrangement" and could not opine further without clarification of the statute.

Currency note

This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: What did Op. Att'y Gen. 2019-043 say?
A: It held that an urban renewal agency, undertaking a redevelopment project, has the power to raze property it has acquired in the redevelopment area. It does not have city-style authority to order the demolition of property it does not own.

Q: Does the opinion decide who may hire a demolition contractor?
A: No. It discusses city authority to order razing and possible urban renewal agency cooperation. Its reference to Ark. Code Ann. § 14-54-904 concerns city enforcement procedures, not procurement of demolition services.

Q: What does "in concert with the city" look like?
A: The AG did not define the agency's precise role. She said the agency might act with the city, perhaps through a cooperative arrangement, and cited Ark. Code Ann. § 14-169-706's authority for agreements between public bodies.

Q: Does the city's condemnation give the agency independent demolition authority?
A: The AG did not say so. She reiterated that urban renewal agencies lack city-style authority to order or enforce razing on their own. Her answer to the question about a city-condemned structure was tentative and turned on possible cooperation with the city.

Q: Are there similar limits on housing authorities?
A: This opinion does not decide a housing authority's demolition powers. Footnote 2 says the term "authority" in § 14-169-705(c) includes both a housing authority and an urban renewal agency. The AG's analysis and answer concern an urban renewal agency.

Background and statutory framework

Ark. Code Ann. § 14-169-705(c) lists planning powers, including § 14-169-705(c)(2)'s authority to make "plans for the enforcement of laws, codes, and regulations" relating to building use, occupancy, and demolition. Ark. Code Ann. § 14-169-706 authorizes agreements among "public bodies" relating to action under the urban renewal subchapter.

The city-side authority comes from a different chapter: § 14-56-203 lets a city council order the razing of buildings deemed dilapidated, unsafe, or detrimental to public welfare. Sister provisions in §§ 14-54-901 to -904 (unsanitary conditions), §§ 14-56-201 to -203 (building regulations), and §§ 14-56-301 to -305 (zoning) round out the city's regulatory authority.

The AG read "enforcement" in § 14-169-705(c)(2) as referring to city laws and enforcement procedures. She said the statute allows urban renewal agencies to make plans for that enforcement but offers no further guidance on their scope or implementation. She cited § 14-169-706 as allowing agreements between public bodies, while declining to define the agency's role.

Citations

• Ark. Code Ann. § 14-56-203 (city authority to order razing)
• Ark. Code Ann. §§ 14-54-901 to -904 (unsanitary conditions)
• Ark. Code Ann. § 14-54-904 (enforcement procedures)
• Ark. Code Ann. §§ 14-56-201 to -203 (building regulations)
• Ark. Code Ann. §§ 14-56-301 to -305 (zoning regulations)
• Ark. Code Ann. § 14-169-705(c)(2) (urban renewal authority's "plans for enforcement")
• Ark. Code Ann. § 14-169-706 (intergovernmental agreements)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2019-060
November 25, 2019

The Honorable Trent Garner
State Senator
P.O. Box 10487
El Dorado, AR 71730

Dear Senator Garner:

This is in response to your request for an opinion on the following question:

> Can an urban renewal agency raze a structure which has been condemned by the city without first acquiring the structure?

RESPONSE

In my opinion, the answer to your question likely turns on whether the urban renewal agency is somehow acting in concert with the city, as through some type of cooperative arrangement.

DISCUSSION

Your question is a follow up to Attorney General Opinion 2019-043. As I explained in that opinion, when undertaking a redevelopment project, an urban renewal agency does not have the power of a city, acting on its own authority, to "order the removal or razing of, or remove or raze" property. The agency, instead, has the power to raze property it has acquired in the area.

The question you have now presented (regarding a structure that has been condemned by a city) requires consideration of an urban renewal agency's authority, under Ark. Code Ann. § 14-169-705(c), to "make plans for the enforcement of" measures relating to land use and buildings:

> In addition to the surveys and plans which an authority is otherwise authorized to make, an authority is specifically authorized to make:
>
> ... Plans for the enforcement of laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements.

Cities have express statutory authority to enact and enforce the "laws, codes, and regulations" referenced here, relating to land use and building use and occupancy. Specifically as regards buildings, cities are empowered to issue orders for the razing of buildings. And they may utilize statutory enforcement procedures in this regard.

I believe the word "enforcement" in this statute refers to city enforcement procedures regarding the express statutory authority already discussed. Unlike cities, urban renewal agencies have no authority to order the razing of buildings or to enforce compliance with such orders. And Ark. Code Ann. § 14-169-705(c) does not clearly invest an urban renewal agency with authority, independent of a city, to enforce the referenced laws and city codes and regulations. So I believe this statute relates to "plans" made by urban renewal agencies "for the enforcement of laws, codes, and regulations" enacted by cities.

In sum, an urban renewal agency may "make plans" for the city's enforcement of laws and regulatory measures relating to building use and occupancy within the city. The statute offers no further guidance regarding these "plans," either as to their scope or implementation. But the agency plainly is allowed some role or capacity in the city's enforcement efforts. I cannot definitively opine on what that precise role or capacity might be. But the urban renewal subchapter does authorize any "public body" to "enter into agreements ... with any other public bodies respecting action to be taken" under the subchapter. Thus, I believe an urban renewal agency might act in concert with the city somehow, perhaps through some type of cooperative arrangement. I am unable to opine further, however, absent clarification of the above statute regarding "plans for enforcement."

Sincerely,

LESLIE RUTLEDGE
Attorney General

1 Op. Att'y Gen. 2019-043 at 4, citing Ark. Code Ann. § 14-56-203 (Supp. 2017) (granting cities the authority to "order the removal or razing of, or remove or raze, buildings or houses that in the opinion of the city council or town council have become dilapidated, unsightly, unsafe, unsanitary, obnoxious, or detrimental to the public welfare ....").

2 The term "authority" here includes both a housing authority and an urban renewal agency.

3 Ark. Code Ann. § 14-169-705(c)(2) (Supp. 2017).

4 See, e.g., Ark. Code Ann. §§ 14-54-901-904 (Repl. 1998 and Supp. 2017) (regulation of unsanitary conditions); 14-56-201-203 (Repl. 1998 and Supp. 2017) (building regulations); 14-56-301-305 (Repl. 1998) (zoning regulations).

5 See supra n. 1.

6 See Ark. Code Ann. § 14-54-904 (Supp. 2017).

7 See supra nn. 4-6.

8 Ark. Code Ann. § 14-169-706 (Repl. 1998). This provision states in full:

Any public body is authorized to enter into agreements which may extend over any period, notwithstanding any provision or rule of law to the contrary, with any other public bodies respecting action to be taken pursuant to any of the powers granted by this subchapter including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project.