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nancing of site preparation, design and feasi- <br />bility studies, and/or financing of on- or off - <br />site improvements. <br />Often are agency wi11 negotiate and eater <br />into a DDA with a thud -party developer be- <br />fore it has actually acquired the property, or <br />decided to acquire the property. This pre - <br />dictably creates problems for owners in that <br />they are electively frozen out of the process <br />because of the cloud created by the DD& Own- <br />ers are unable to take steps to develop their <br />property since lenders and potential develop - <br />ment partners are unl&dy to become involved <br />in a proposed project if a redevelopment <br />agency with the power of condemnation— <br />has entered into an agreement with someone <br />else to develop it. Such preco mitnxents to ac- <br />quire and develop the property, before the <br />property has been acquired from the owners, <br />axe dangerous, and leave the agency vulnera- <br />ble to a challenge to its right to tam the prop- <br />erty, based on failure to allow owners to par- <br />ticipate, and failure to publicly discuss and <br />critically consider the merits of condemnation. <br />Although agencies often have valid reasons for <br />entering into a development agreement with <br />a third -party developer before acquiring the <br />property---such as the need to sure funding <br />to acquire the property and the desire to avoid <br />a vacancy period after they acquire the <br />property— agencies that do not explore and <br />exhaust owner participation opportunities be- <br />fore entering into such agreements are walk- <br />ing themselves into trouble. <br />Owner participation can occur in a variety <br />of different ways, and agencies need to be cre- <br />ative in providing these opportunities. For <br />example, if development involves a project <br />larger than the owners parcel, relocation to an- <br />other site within the project or exchange of the <br />owners property with other property under i <br />the control of the agency should be considered. <br />Allowing owners to participate under the um- <br />brella of a master developer responsible for the <br />entire project also is sometimes feasible and <br />eliminates many of the problems associated <br />v6th multiple ownerships. Encouraging own- <br />ers to collaborate with other developers with <br />more experience and capacity can also result <br />m success in that such an approach keeps the <br />owner mvalved, while also obtaining the ben - <br />efit of the outside developer's expertise - <br />A redevelopment agency may consider var- <br />ious criteria when deciding whether and to <br />what e€tent mvners can participate in redevel- <br />opment of their property. These criteria incite <br />n al capabdity, experience, and expertise. <br />The agency should be d.em'ble in conside- ring <br />these issues, recogni�.ing that if one element is <br />lacking, it can sometimes be remedied.. For ex- <br />ample, if a property owner has the financial ca- <br />pability and motivation but not the requisite <br />expertise, the owner could form a partnership <br />with a developer who has the expertise to do <br />the work. <br />Owner participation is mhms the commu- <br />nity in the redevelopment, which in turn re- <br />sults in greater cooperation and fewer legal <br />challenges; the specialized knowledge of local <br />expertise; benefits to the local economy by <br />virtue of local involvement; and the vested in- <br />terest that owners have in the success of the <br />development of their property. However, for <br />their parkipation to be effective, owners must <br />clearly understand what the agency wants} and <br />they must have---or be Dvea--the incentive <br />and tools to participate. Once owners become <br />stakeholders to the redevelopment, the rede- <br />vdopr nt process can become sianpler} qtr} <br />and more predictable. In short, the more <br />community -based the redevelopment prod <br />is, the better it works. <br />Urban L n n d October =3 <br />