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<br /> ATTACHMENT B <br /> <br />CITY OF EUGENE <br />INTER-DEPARTMENTAL MEMORANDUM <br />CITY ATTORNEY – CIVIL DEPARTMENT <br /> <br /> <br /> <br />To: Mayor and City Council Date: May 11, 2007 <br /> <br />Subject: Overview of Condemnation Procedures <br /> Statutory Authorization to Acquire Property for City Parks <br />and <br /> <br /> <br /> Below is a summary of the Oregon condemnation process and the statutory authority for <br />acquiring property specifically for city parks. <br /> <br />Basic Steps in a Condemnation Action <br /> <br /> ? Identify property needed for public project <br /> ? Survey property to obtain legal description of property <br /> ? Perform title search to identify all interests in property <br /> ? Perform environmental testing on property <br /> ? Adopt ordinance authorizing condemnation and describing need and purpose <br /> ? Appraise the property <br /> ? Appraisal review <br /> ? Negotiate with the property owner <br /> ? Make written offer to property owner and provide appraisal <br /> ? File condemnation action <br /> ? Quick take (optional) <br /> ? Trial <br /> ? Just compensation award <br /> ? Provide relocation assistance <br /> <br />The Power of Eminent Domain <br /> <br /> The power of eminent domain is the power inherent in a sovereign state to take property <br />within its jurisdiction for a public use or benefit. The state has delegated the power of eminent <br />domain to different entities including local governments and urban renewal districts. <br />Governments exercise the power of eminent domain through condemnation proceedings. <br />Article I, section 18, of the Oregon Constitution requires “just compensation” for the taking of <br />private property for public use. ORS chapter 35 provides the procedures for condemnation <br />actions and the process for determining just compensation. <br /> <br /> <br /> <br /> <br />