2007 ORD O-11-07 - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2E 2( 2i 2F exercise of the power of eminent domain pursuant to the Amended Redevelopment Plan, the Agency shall adhere to the following laws and regulations in assessing just compensation and damages to affected property owners: The Fifth Amendment to the United States Constitution, Article I, section 19 of the California Constitution, the Eminent Domain Law (California Code of Civil Procedure Section 1230.010, et seq.), the California Relocation Assistance Act (California Government Code Section 7260, et seq.), implementing rules and regulations (Title 25 California Code of Regulations) and such other applicable local, state or federal ordinances, statutes, rules, regulations and decisional law. The Agency shall assess the payment of fair market value for interests in real property, payment for the taking and damaging of improvements, fixtures and equipment, any diminution in value caused to a remainder of property acquired pursuant to a resolution of necessity, relocation benefits and assistance, loss of business goodwill in appropriate cases and the necessary costs of mitigating a loss of business goodwill. Section 5. In addition to the limitations on acquisition of property by the Agency under the California Community Redevelopment Law and the time limit for exercise of the power of eminent domain under the Amended Redevelopment Plan, as set forth in the Recitals preceding this Ordinance, the following policies set forth in Article IV.B.1. of the Amended Redevelopment Plan shall apply to the exercise of the power of eminent domain by the Agency under the Amended Redevelopment Plan: In an effort to implement this Plan, it may be necessary for the Agency to acquire property in the Project. Except as specifically exempted herein, the Agency may acquire, but is not required to acquire, real property located in the Project in accordance with this Plan by gift, devise, exchange, purchase, eminent domain, or any other lawful method. The Agency shall attempt to use all other avenues of acquisition to implement this Plan prior to the use of eminent domain. The Agency is not authorized by law to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property if it becomes private property by being transferred by deed, lease, or otherwise, to private ownership or control before the Agency completes land disposition within the entire Project, if the Agency and the private owner enter into a participation agreement. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire any other interest in real property less than a fee. Section 6. Further, the Agency shall comply with the replacement housing and relocation requirements of Article IVY. of the Amended Redevelopment Plan, whenever applicable to the Agency's exercise of the power of eminent domain pursuant to the Amended Redevelopment Plan. Section 7. The Mayor is hereby authorized and directed to sign this Ordinance. -3-