AN OVERVIEW OF THE EMINENT DOMAIN PROCESS Pasadena

AN OVERVIEW OF THE EMINENT DOMAIN PROCESS Pasadena City Council October 16, 2017

What is Eminent Domain? � The right of a government to acquire private property for public use, with payment of compensation. � 5 th Amendment of the Constitution � Art. 1, Section 19 of the California Constitution

When can Eminent Domain Be Used? � � The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The public interest and necessity require the project; (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and (c) The property sought to be acquired is necessary for the project. CCP § 1240. 030

Why Do Cities Use Eminent Domain? � � � � Project for a public use - Infrastructure - Affordable Housing - Public parks - Street widening - Public parking Unsuccessful negotiations with owner Time constraints

Recent Developments � � Offer to reimburse owner for appraisal Must use property for use stated in Resolution of Necessity Provide acquisition guidelines to owner Lease back provision

Pre-Acquisition Planning & Negotiations � � � Define and approve the Project CEQA review Appraise & Set just compensation Offer to purchase Negotiate in good faith

Resolution of Necessity � � Public interest & necessity require the Project Greatest public good, least private injury Property is necessary for the Project Offer to owner has been made � � � Public hearing Record must set forth facts to support the findings Approval by a 2/3 vote of the Council

City Files Lawsuit � � � File Complaint and Lis Pendens Deposit amount offered Motion for Order of Possession

Questions?