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Writer's pictureGary J. Groman

Branson considering LCRA and Land Bank for 76 Project Revitalization?

During its study session on September 24, 2024, the Branson Board of Aldermen (Board) discussed two new “tools” available for redevelopment and blight remediation: the Land Clearance for Redevelopment Authority (LCRA) and the Land Bank. Although both could be of use in any area meeting the qualifications to do so, there was only mention of one specific area: Segments 7 and 8 of the 76 revitalization project.

 

During the Study Session, City Administrator Cathy Stepp said that while these tools could apply to other areas, the Board’s primary focus was segments 7 and 8 of the 76 project. She offered to take the information from the study session and develop some ideas on the “tools we can have in our toolbox” for presentation during the first quarter of 2025. Although there was no formal vote, no one objected when Alderman Thomas’Artie’ Lucas said, “Git-R-Done.”

 

Holly Dodge, an attorney for the Lauber Municipal Law, the firm representing the City in these types of issues, presented the information on the Land Clearance for Redevelopment Authority (LCRA) and the Land Bank. She said that under Missouri law, setting up an LCRA in Branson takes two steps: authorization by the Board and a vote of the residents. Once established, its powers are exercised by a five (5) member Board of Commissioners appointed for four-year terms by the Mayor. All the commissions must be taxpayers who have resided in the city for at least five years.

 

According to Dodge, two conditions are necessary to authorize the LCRA. The first is “That one or more blighted or unsanitary areas exist in the community.” The second is “That the redevelopment of such area is necessary in the interest of the public health, safety, morals, or welfare of the residents.”

 

Among other things, once adequately established and authorized, the LCRA has the powers to:

1. Carry out its own land clearance and urban renewal projects

2. Arrange or contract for the furnishing and repair of services, privileges, works, streets, roads, public utilities and other facilities in connection with a land clearance or urban renewal project

3. Purchase, lease, acquire, or receive gifts of real or personal property in connection with a land clearance project or urban renewal project

4. Improve, clear, or prepare such property for redevelopment or urban renewal

5. Develop, construct, reconstruct, rehabilitate, repair, or improve residences, houses, buildings, structures and other facilities

6. Make plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements

7. Make plans and provide reasonable assistance for the relocation of families displaced from a land clearance project area or urban renewal project area

8. Delegate to a municipality any of the powers or functions of the authority concerning the planning or undertaking of a land clearance or urban renewal project.

 

The LCRA must submit all redevelopment urban renewal plans to the City’s Planning Commission and Board of Aldermen. The plan must indicate its relationship to definite city objectives such as appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and proposed land uses and building requirements. The Board may find an area to be blighted or unsanitary and approve a plan simultaneously.

 

Another redevelopment tool presented was the creation of a Land Bank. The purpose of a Land Bank is to “Return land to use in private ownership or public use.” An ordinance or resolution of the Board can create it and requires no vote of the people. In doing so, the resolution or ordinance must contain the name of the land bank agency, the number of Board members from five to 11, their qualifications and terms; and that its purpose is to return land to use in private ownership or public use.

 

The land bank’s Board of Directors governs it. The Bank may adopt, amend and repeal its bylaws, sue and be sued, borrow from the City, procure insurance and guarantees, invest money, improve and acquire property. It has no eminent domain or taxing authority. Acquiring property can only be done in Branson and may be done through gift, transfer, lease, or purchase through a Tax Sale if the property is adjacent to Land Bank property.

 

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