07/13/1988 Meeting - Laserfiche WebLink

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e Ms. Ehrman asked why the council needs to authorize eminent domain if the property owner is willing to sell. Mr. Drapela explained that the City Attorney felt a PARCS land purchase should be no different from any City land acquisition. He said the City Attorney recommended that all future land acquisitions be brought to the council as ordinances and eminent domain. Mr. Rutan said he does not want to set the posture that the City of Eugene negotiates coercively. Mr. Gleason said the impression that the City forces an outcome has more to do with how the City approaches negotiations than with this ordinance. He said the City will continue to approach negotiations with consideration for the property rights of owners and that the City is also obligated not to pay extraordinary prices for its acquisition; these two factors must be balanced. In response to a question from Mr. Holmer, Mr. Sercombe said if the council passes this ordinance, it must attempt to negotiate an out-of-court deal with property owners as a precondition for filing a condemnation action. The law states that at least 20 days before a condemnation action begins, the government has to extend a written offer to the property owner. If condemnation results in the property being condemned for a higher value, the government pays for the attorney's fees. He said the 20-day offer is based on an appraisal. Mr. Sercombe said negotiations can occur without an appraisal, but if the appraisal is given away before there is an earnest desire to negotiate, the ability to negotiate is compromised. Disagreeing with staff's portrayal of the bargaining process, Mr. Bennett e said that in City land acquisitions, the two parties are not exactly on equal footing. He said the City must believe there is an important public purpose to get involved in a land acquisition. CB 3059--An ordinance authorizing the institution of proceedings in eminent domain for acquisition of property interest in connection with the extension of the Ridgeline Park and Trail system. Mr. Holmer moved, seconded by Ms. Bascom, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. The motion passed unanimously. Council Bill 3059 was read the second time by council bill number only. Mr. Holmer moved, seconded by Ms. Bascom, that the bill be approved and given final passage. The motion carried 6:1, with Mr. Holmer voting in opposition. The bill was declared passed (and became Ordinance No. 19569). e MINUTES--Eugene City Council July 13, 1988 Page 4