Chapter 3.10
ACQUISITION AND CONDEMNATION OF PROPERTY

Sections:

3.10.010    Acquisition of Property.

3.10.015    Appraisal Report; Offer.

3.10.020    Negotiation.

3.10.025    Declaration of Necessity.

3.10.030    Commencement of Condemnation Action.

3.10.035    Abandonment of Proceedings.

3.10.010 Acquisition of Property.

When the Council considers it necessary to acquire private property in fee simple or any lesser interest for a public purpose, the Council shall direct the mayor or the mayor’s designee to obtain an appraisal of the property. The appraisal may be performed by the City staff or by an independent private appraiser.

3.10.015 Appraisal Report; Offer.

The appraisal report shall be filed with the city recorder and brought to the attention of the Council. The Council may then direct the city recorder to make a written offer on behalf of the City to the owner or party having an interest to purchase the property and to pay a stated amount as compensation for it and for any compensable damages to remaining property. The amount to be offered shall be the amount set forth in the appraisal report or any other amount reasonably believed by the Council to be just compensation. The city recorder may hand deliver or send the offer by registered or certified mail.

3.10.020 Negotiation.

The Council may negotiate directly or through the city recorder, city attorney or any other agent appointed by the Council for the purpose of acquiring the property on such terms and conditions as the Council deems just and advisable.

3.10.025 Declaration of Necessity.

A. If the Council, either directly or through its agent, cannot agree with the owner of the property as to the price to be paid, the Council may by resolution or ordinance declare the necessity of acquiring the property, describe the property, state the purpose for which the property is required and authorize the city attorney to acquire the same by negotiation or any other lawful method.

B. The Council may combine in the resolution or ordinance the property interest required for an entire local improvement or local improvement district.

3.10.030 Commencement of Condemnation Action.

If the City is unable to agree with or locate the owner of the property required to be taken, the city attorney may, at any time after the Council’s adoption of the declaration of necessity, commence and prosecute any necessary or appropriate action, suit or proceeding for the condemnation of the amount of or interest in the property required and for the assessment of the damages for the taking of the property.

3.10.035 Abandonment of Proceedings.

The Council may terminate proceedings for the acquisition of property at any time prior to payment or the consummation of the proceedings.