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Councilor Brown asked who sponsored the bill and why staff had opposed it. Ms. Wilson indicated that the bill was proposed by Representative Kim Thatcher at the request of a constituent. She said that in general, local governments seeking condemnation secured an appraisal to determine the value of a property, rather than relying on real market value, which would not typically reflect the actual value of a property. For that reason, staff had opposed the bill. Councilor Clark recalled his concern about the bill had been about what represented just compensation and real market value in a time of dramatically changing land values. There was a difference between the value people paid taxes on and the market value of the property. He believed there was an issue of justice involved when people were forced to give up their property. He was also concerned about how the bill would affect discussions of property condemnation for an EmX route on West l I 1 Avenue Councilor Zelenka pointed out that LTD had not condemned any property for the first two phases of EmX. He suggested that any condemnation that occurred on West 11 Avenue would be because property owners refused to sell, terming that a "self - fulfilling prophecy." He further pointed out that the bill used the term "real market value," which was a term used by the County Assessor but which did not reflect actual market value. In a condemnation suit, government would pay the market value of the property, not the assessed market value on the assessor's books. Councilor Zelenka, seconded by Councilor Taylor, moved to amend the motion to change the City's position on House Bill 3146 to Priority 3 Oppose. Councilor Clark clarified that his concern was that people whose property was condemned would receive less than the value they had been paying taxes on, which he thought was adding insult to injury. Councilor Zelenka suggested to Councilor Clark that it was not always the case that a property's real market value was higher than the current market value; the real market value was simply the value the assessor had on the books, and that value could be ten years old. The market value could be substantially higher. He interpreted the bill as allowing the market to work and set the value of a property, as opposed to a bureaucrat setting that value. Roll call vote: The amendment to the motion passed, 5:3; councilors Poling, Clark, and Farr voting no. Roll call vote: The amended motion passed, 5:3; councilors Poling, Clark, and Farr voting no. Councilor Taylor adjourned the meeting at 9:52 p.m. Respectfully submitted, ,6ttA dOAAUt Beth Forrest City Recorder (Recorded by Kimberly Young) MINUTES— Eugene City Council February 28, 2011 Page 13 Regular Meeting