Eminent Domain Reform Proposed:

Eminent Domain Reform was brought to the City Council tonight. The Proposed Ordinance read the following.

AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA
THE PEOPLE OF THE CITY OF GRAND TERRACE HEREBY ORDAIN AND
ENACT AS FOLLOWS:

Title 2, Division 3 of the Codified Ordinances (Ordinance 187) of The City of Grand Terrace is replaced in full as follows:

Whereas: Section 1. This ordinance shall be known and may be cited as AN ORDINANCE PROHIBITING THE EXERCISE OF EMINENT DOMAIN FOR PRIVATE PURPOSES.

Whereas: Section 2. The City of Grand Terrace may not exercise the power of eminent domain to acquire property from any private Owner thereof, without such Owner’s consent, when the purpose of the acquisition is to convey the property so acquired to any private party.

Whereas: As used in this section, “Owner” means the owner of the fee title interest in the property to be acquired.

Whereas: Section 3. Eminent domain is not to be used to further private economic development. The City of Grand Terrace shall not initiate or participate in any proceedings, or take any action to condemn private property for the purpose of making such property available for private development, nor shall the City participate, directly or indirectly, in such takings.

Whereas: “Participation’ means contributing, lending, providing, pledging, or foregoing, an funds, property, credit, in-kind services, or incurring any debt o lease obligation or providing any other thing of value to an agency, organization, or project.

Whereas: Section 4: Property acquired by the City of Grand Terrace through the use of eminent domain after the effective date of this charter amendment must be held or used for a public use by the City for a minimum twenty year period prior to sale, lease, transfer or other disposition by the City.

Whereas: Section 5. Amendment or Repeal.: This initiative may be amended or repealed only by the voters at a City Wide election.

Whereas: Section 6. Effective Date: Pursuant to the State of California Municipal Code section 92179217. If a majority of the voters voting on a proposed ordinance vote in its favor, the ordinance shall become a valid and binding ordinance of the city. The ordinance shall be considered as adopted upon the date that the vote is declared by the legislative body, and shall go into effect 10 days after that date. No ordinance that is either proposed by initiative petition and adopted by the vote of the legislative body of the city without submission to the voters, or adopted by the voters, shall be repealed or amended except by a vote of the people, unless provision is otherwise made in the original ordinance.


ONLY Council Member Miller Commented that he agreed the issue deserves consideration and should be on an up coming agenda. He suggested that an Ordinance Proposed Previously be given consideration also.

A copy of the other Proposed Ordinance would be nice to have to read.