Possible Wording For Ordinance

ORDINANCE RESTRICTING EMINENT DOMAIN

WHEREAS: The City of Grand Terrace recognizes that the right to quiet enjoyment of private property is a sacred and historic American guarantee.

WHEREAS: The City of Grand Terrace recognizes that it may exercise the power ofeminent domain to acquire private property in accordance with The Constitution of the State of California ARTICLE 1, Section. 19. Excluding it use to transfer of Private Property to a Second Private Party.

WHEREAS: The City of Grand Terrace recognizes that the exercise of eminent domain is a harsh proceeding which has the effect of bringing into question the ownership security of all private citizens.

IT IS THEREFORE ORDAINED:
That the City of Grand Terrace shall establish the following restrictions and requirements for the City’s exercise of eminent domain:

A. The Council must find that the taking of a private parcel of land has a significant and logical nexus to the safety health and/or welfare of its citizens and is within the scope of the municipal powers granted as enumerated in California Constitutional Law, prior to the scheduling of a Council meeting to discuss and act upon the eminent domain proceedings.

B. The Council must acquire 2 independent appraisals of the property sought to acquire prior to its negotiations to purchase with the owner.

C. The Council must demonstrate that it has engaged in good faith negotiations with the owner of the subject property prior to the scheduling of a Council meeting to discuss and act upon the eminent domain proceedings.

D. The mere showing that the City may enjoy a revenue tax benefit from a particular taking will not be, in and of itself, adequate justification to proceed to an eminent domain proceeding. The Council must demonstrate and enumerate all benefits to the common good of the citizens of Grand Terrace prior to its scheduling a Council meeting to discuss the eminent domain proceedings.

E. The City shall not sell, lease, transfer or in any other way convey any private premises taken by it to a private individual or business entity. Any property taken by eminent domain must be used for the stated purpose unless it becomes impracticable or impossible to so use such property.

In the event that the said property cannot be used for the stated purpose then said property shall be offered for sale to the original owner for an amount paid by the City under the eminent domain proceedings. If the owner is not available or declines the offer under this section the subject property shall be offered at a public auction within two months of the determination that said owner is not available or declines the offer.

F. Eminent domain shall not be employed for the sole purpose of obtaining open spaces or restricting housing development.

G. . Effective Date.
This Ordinance shall be effective immediately upon action of the Board of Selectmen.


Adopted this ______ day of 2006 by the Grand Terrace City Council

Please Ask Individual Council Members or Council Candidates to Endorse this.