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07/13/1988 Meeting
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07/13/1988 Meeting
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7/13/1988
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<br />e Ms. Ehrman asked why the council needs to authorize eminent domain if the <br /> property owner is willing to sell. Mr. Drapela explained that the City <br /> Attorney felt a PARCS land purchase should be no different from any City land <br /> acquisition. He said the City Attorney recommended that all future land <br /> acquisitions be brought to the council as ordinances and eminent domain. <br /> Mr. Rutan said he does not want to set the posture that the City of Eugene <br /> negotiates coercively. Mr. Gleason said the impression that the City forces <br /> an outcome has more to do with how the City approaches negotiations than with <br /> this ordinance. He said the City will continue to approach negotiations with <br /> consideration for the property rights of owners and that the City is also <br /> obligated not to pay extraordinary prices for its acquisition; these two <br /> factors must be balanced. <br /> In response to a question from Mr. Holmer, Mr. Sercombe said if the council <br /> passes this ordinance, it must attempt to negotiate an out-of-court deal with <br /> property owners as a precondition for filing a condemnation action. The law <br /> states that at least 20 days before a condemnation action begins, the <br /> government has to extend a written offer to the property owner. If <br /> condemnation results in the property being condemned for a higher value, the <br /> government pays for the attorney's fees. He said the 20-day offer is based <br /> on an appraisal. Mr. Sercombe said negotiations can occur without an <br /> appraisal, but if the appraisal is given away before there is an earnest <br /> desire to negotiate, the ability to negotiate is compromised. <br /> Disagreeing with staff's portrayal of the bargaining process, Mr. Bennett <br />e said that in City land acquisitions, the two parties are not exactly on equal <br /> footing. He said the City must believe there is an important public purpose <br /> to get involved in a land acquisition. <br /> CB 3059--An ordinance authorizing the institution of <br /> proceedings in eminent domain for acquisition of <br /> property interest in connection with the extension of <br /> the Ridgeline Park and Trail system. <br /> Mr. Holmer moved, seconded by Ms. Bascom, that the bill, with <br /> unanimous consent of the council, be read the second time by <br /> council bill number only, and that enactment be considered at <br /> this time. The motion passed unanimously. <br /> Council Bill 3059 was read the second time by council bill number only. <br /> Mr. Holmer moved, seconded by Ms. Bascom, that the bill be <br /> approved and given final passage. The motion carried 6:1, <br /> with Mr. Holmer voting in opposition. The bill was declared <br /> passed (and became Ordinance No. 19569). <br />e MINUTES--Eugene City Council July 13, 1988 Page 4 <br />
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