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Caveats and Cautions

Along with the substantial flexibility the LRHL and related laws provide municipalities comes greater responsibility and accountability. Following are some overall "caveats and cautions" to consider before making the decision to embark on the redevelopment process.
  • The redevelopment process is complex, invoking significant municipal power and potentially affecting private-property rights and livelihoods. If handled in a heavy-handed and insensitive manner, redevelopment can spur public opposition and prompt costly lawsuits from affected private property owners who feel threatened by condemnation. While successful redevelopment projects often get municipal officials reelected or reappointed, stalled projects or an arrogant approach to the process can have quite the opposite effect.

  • The redevelopment process usually requires a long-term commitment. Projects may be stalled for a number of reasons and then take years to restart. The duration of most redevelopment projects will span numerous political terms of office. Some communities have stable political leadership. In other more politically competitive communities, there may be ongoing changes in the leadership structure in a community. In either scenario, the goal is to create a vision that transcends transitory political considerations.

  • A municipality that uses redevelopment is not guaranteed the award of state or federal grants. Most of the old federal urban renewal programs no longer exist. Furthermore, there is only limited funding available for redevelopment at the state level. (Brownfield redevelopment may be an exception.) In certain circumstance, however, the use of redevelopment may increase the likelihood of receiving grants and loans targeted for smart growth initiatives, such as Smart Growth Planning Grants, Green Acres grants and loans, and federal TEA-21 transportation enhancement grants. This is particularly true when the redevelopment plan or project is consistent with the smart growth principles embodied in the State Development and Redevelopment Plan (SDRP).

  • In choosing redevelopment, the municipality essentially enters the real estate development business, a business that involves varying degrees of financial risk. Not all projects will be successful. Some may stall for years until the market is right. The risk grows larger when redevelopment projects are involved. Before beginning the redevelopment process, a municipality must be fully aware of the realities of the real-estate marketplace and be willing and able to enter into effective public-private partnerships with private developers.
Public Participation is Critical
A decision about whether or not to choose redevelopment must involve public participation in the earliest stage of the process. This especially is critical in circumstances where private property may potentially be acquired by eminent domain. The LRHL recognizes the need for public involvement and for this reason requires that the governing body hold a public hearing on the designation of a redevelopment area and another hearing prior to the adoption of a redevelopment plan.

However, the most effective redevelopment efforts often go far beyond the LRHL's minimum statutory requirements. A governing body beginning redevelopment would be well-advised to educate its public about redevelopment and to invite its constituents to share in establishing a vision for the future rehabilitation or redevelopment of a designated area. For example, many municipalities hold public-information meetings prior to designating an area in need of redevelopment.

When the problem in a targeted area is severe, there is, of course, less need to convince the public that redevelopment is necessary - although it still is important to involve the public. Where the problem is more nuanced, where a redevelopment plan affects a significant number of property owners and residents, or where relocation may be required, public participation is critical. Public education and participation also is particularly important when a proposed redevelopment plan involves brownfields.

Ultimately, the redevelopment process will be strongly supported rather than avidly opposed when the community - especially affected residents and property owners - actively participates in developing a vision for the targeted area and clearly understands why redevelopment offers the best method for achieving that vision. Without such public involvement, understanding, and support, most redevelopment efforts are doomed to failure.