Item 1: Ordinance Authorizing Use of Eminent Domain to Acquire Property Near Amazon Creek Headwaters

Home Browse Search

ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Authorizing the Institution of Proceedings in Eminent Domain for the Acquisition by Condemnation of Property for Park and Open Space Land Near the Amazon Creek Headwaters in South Eugene; and Declaring an Immediate Effective Date Meeting Date: May 21, 2007 Agenda Item Number: 1 Department: Public Works Staff Contact: Johnny Medlin www.eugene-or.gov Contact Telephone Number: [682-4930] ISSUE STATEMENT This public hearing is for the City Council to receive testimony in regard to its consideration of an ordinance authorizing the use of eminent domain on two properties near the Amazon Creek headwaters in South Eugene. The ordinance is included as Attachment A and includes Exhibit A and B. A memorandum from the City Attorney describing condemnation procedures and statutory authorization to acquire property for city parks is included as Attachment B. Please note: An immediate effective date is requested with this ordinance. An immediate effective date requires a 2/3 majority or six (6) affirmative votes from the council to enact. Ordinances without an immediate effective date do not take effect for 30 days. BACKGROUND The City Council on April 18, 2007, instructed staff to prepare and take to Public Hearing an ordinance authorizing the use of eminent domain on two parcels in South Eugene. These parcels have been the topic of previous discussion under the names of Green property or Green Valley Glen Planned Unit Development (PUD), and the Beverly property or West Creek PUD, South Park PUD, or Deerbrook PUD. Current acquisition status on both of these properties is that past purchase offers for a part or all of these properties have been made and declined. Staff based acquisition of these properties on making purchase offers at or near current appraised raw land value. The property owner’s view has been that in order to persuade them to sell, the City would need to pay significantly higher than the currently appraised value to compensate for the speculative developable value inherent in the properties. It has been the staff opinion that both of these parcels have the potential for some level of development. Since the specific level of development possible on these parcels (low or high) is unknown and remains in dispute, so does any value based on development potential. The recent PUD applications involving these properties have not been successful. While development may be difficult, the property owners have indicated they believe they will eventually be able to sufficiently meet PUD criteria, allowing them a significant level of development. L:\CMO\2007 Council Agendas\M070521\S0705211.DOC