Chapter 27 EMINENT DOMAIN
Sec. 27-4. Acquisition of real property through eminent domain.
(a) Pursuant to the express authority described above, the city
may:
(1) Subject to the provisions of subsection (d) of this section,
acquire, within its boundary lines, land and property of every kind, and any
right, interest, franchise, easement or privilege therein, by purchase, lease,
gift, condemnation or any other legal means, for development or redevelopment,
including, but not limited to, the comprehensive renovation or rehabilitation
thereof; and
(2) Sell, lease, convey, transfer or otherwise dispose of any
of said land or property, regardless of whether or not it has been developed,
redeveloped, altered or improved and irrespective of the manner or means in or
by which it may have been acquired, to any private, public or quasi-public
corporation, partnership, association, person or other legal entity.
(b) No
land or property taken by the city for any of the aforementioned purposes, or in
connection with the exercise of any of the powers authorized hereunder, shall be
taken without just compensation, as agreed upon between the parties or awarded
by a jury, being first paid or tendered to the party entitled to such
compensation.
(c) All land or property needed, or taken by the exercise of
the power of eminent domain, by the city for any of the aforementioned purposes,
or in connection with the exercise of any of the powers authorized hereunder, is
hereby declared to be needed or taken for a public use or a public
benefit.
(d) Before the acquisition of any single-family or multiple-family
dwelling unit, or other structure, is made under this chapter, a finding or
determination shall be made that:
(1) The dwelling unit or structure has
deteriorated to such an extent as to constitute a serious and growing menace to
the public health, safety and welfare;
(2) The dwelling unit or structure is
likely to continue to deteriorate unless corrected;
(3) The continued
deterioration of the dwelling unit or structure will contribute to the blighting
or deterioration of the area immediately surrounding the dwelling unit or
structure; and
(4) The owner of the dwelling unit or structure has failed to
correct the deterioration thereof.
(e) The city shall adopt an ordinance for
each acquisition of land or property made under the provisions of this chapter.
Each specific ordinance so adopted shall be maintained by the legislative clerk
of the city in a file titled “Eminent Domain.” (Ord. No. G-02-3,
§ 1, 3-25-02)