Item 4: Ordinance Authorizing Use of Eminent Domain to Acquire Property Near Amazon Creek Headwaters

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EUGENE CITY COUNCIL AGENDA ITEM SUMMARY c Action: 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: July 9, 2007 Department: Public Works www.eugene-or.gov Agenda Item Number: 4 Staff Contact: Johnny Medlin Contact Telephone Number: 682-4930 ISSUE STATEMENT This item is for the City Council to take action regarding the proposed 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. 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 council held a public hearing on this topic on May 21, 2007. On April 18, 2007, the council 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 PUD and the Beverly property or West Creek PUD or 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 owners 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 perhaps 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. LICMOl2007 Council Agendas1M0707091S0707094.DOC