§ 25.20.025. Acquisition by eminent domain.

A.

Definitions. As used in this section, the following terms shall have the meaning given in this subsection:

1.

Property owner means the owner of record according to the current records of the municipal tax assessor.

2.

Tenant means any person other than the property owner known to be in actual possession of the real property.

B.

Notice to property owners. Prior to the assembly granting approval for the use of eminent domain as provided in section 25.20.020.B, notice shall be given to all property owners and tenants whose property is subject to being taken.

1.

Notice shall be in writing to the property owners and tenants, and shall be postmarked, hand-delivered or posted on the subject property no fewer than ten days before the date on which the assembly approves the use of eminent domain.

2.

The notice shall contain the following:

a.

The name and description of the project which requires acquisition of the property, including a map of the project area.

b.

The location and legal description of the affected parcel and identification of the property interest to be acquired.

c.

The date, time and location of the first meeting at which the assembly will consider approval of the authority to use eminent domain if necessary to acquire property.

d.

The name and telephone number of an individual within the administration who will answer questions about the project.

C.

Required negotiation.

1.

The municipality shall, prior to submitting a request to the assembly for the use of eminent domain, make a good-faith effort to negotiate the acquisition of the property.

a.

The first offer shall be the municipality's estimate of fair market value.

b.

The municipality shall consider evidence presented by any interested party which substantiates a greater value, and may adjust its offer accordingly.

2.

After examining all available evidence relating to value, the municipality shall prepare a final offer in writing.

3.

Within 30 days of the delivery of the final offer, if such is not accepted, the municipality shall file a request to use eminent domain with the assembly.

4.

Upon approval by the assembly of the use of eminent domain, the municipality shall file its eminent domain action on any property where an agreement has not been reached.

D.

Public hearing. Prior to granting a resolution approving the use of eminent domain, the assembly shall hold a public hearing at which any interested citizen may testify concerning the use of eminent domain and the municipality's final offer as provided in section 25.20.025.C.

E.

Within 30 days of assembly passage of a resolution approving the use of eminent domain, the municipality shall file its eminent domain action. Such 30-day period may only be extended by written notice executed by the legal owner.

(AO No. 85-12(S-2); AO No. 94-141(S), § 1, 8-9-94)