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 Detroit
 Code of Ordinances
 Chapter 16. EMINENT DOMAIN
 Article I. IN GENERAL

§ 16-1-1. Definitions.  

Latest version.

  • For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

    Acquire or take means as likewise defined within the Michigan Uniform Condemnation Procedures Act, being MCL 213.51(a); MSA 8.265(1)(a), as amended.

    Acquisition or taking means as likewise defined within the Michigan Uniform Condemnation Procedures Act, being MCL 213.51(b); MSA 8.265(1)(b), as amended.

    CERCLA means the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, being 42 U.S.C. 9601 et seq, as amended.

    Displaced person means either: a) as likewise defined in 42 U.S.C. 4601(6)(A), as amended and the regulations promulgated thereunder; or b) as referred to in section 16-1-6 of this Code.

    Environmental assessment means as likewise defined in section 2-1-11 of this Code, as amended.

    Environmental contamination means as likewise defined in section 2-1-11 of this Code, as amended.

    Environmental inquiry means as likewise defined in section 2-1-11 of this Code, as amended.

    Hazardous substance means one (1) or more of the following:

    a)

    As likewise defined in CERCLA; or

    b)

    As likewise defined in NREPA; or

    c)

    As likewise defined in Section 2-1-11 of this Code, as amended.

    NREPA means the Natural Resources and Environmental Protection Act, being MCL 324.20101 et seq, MSA 13A.20101 et seq, as amended.

    Non-residential parcel means a parcel that has not been devoted solely to a residential use or purpose as defined within this section.

    Parcel means as likewise defined in the Michigan Uniform Condemnation Procedures Act, being MCL 213.51(f); MSA 8.265(1)(f), as amended.

    Property means as likewise defined in the Michigan Uniform Condemnation Procedures Act, being MCL 213.51 (h); MSA 8.265(1)(h), as amended.

    Relocation benefits means benefits allowable either a) pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs Act, being 42 U.S.C. 4601 et seq, as amended, and the regulations promulgated thereunder, or b) pursuant to section 16-1-6 of this Code, as amended.

    Residential use or purpose means, as likewise defined in section 2-1-11 of this Code, as amended.

    Resolution of necessity means a resolution adopted by the city council in accordance with the Michigan Condemnation by State Agencies and Public Corporations Act, being MCL 213.21 et seq; MSA 8.11 et seq, as amended, which determines and resolves that there is a public need to acquire certain parcels of land and other property, or portions thereof, for any of the following: The use and/or benefit of the public; to address or redress certain conditions of blight, deterioration, slum clearance, property value deterioration, unemployment and/or economic stagnation; to promote economic growth within the City of Detroit; to prevent conditions of unemployment; to assist and/or retain local industrial and/or commercial enterprises; to strengthen and/or revitalize the economy of the City of Detroit; or to further certain other duly established and recognized public purposes, such as encouraging and assisting industrial and commercial corporations in locating, constructing, reconstructing, refurbishing, repairing and maintaining facilities within the City of Detroit.

    Response activity means as likewise defined under NREPA, being MCL 324.20101(1)(bb); MSA 13A.20101(1)(bb) as amended.

    TOSCA means the Toxic Substances Control Act, being 15 U.S.C. 2601 et seq, as amended.

(Ord. No. 18-96, § 1, 7-31-96)