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File #: 15-10112    Version: 1 Name:
Type: Consent Item Status: Agenda Ready
File created: 1/16/2019 In control: City Council Business Meeting
On agenda: 2/11/2019 Final action:
Title: Reference - Property Acquisitions and Condemnations
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Title

Reference - Property Acquisitions and Condemnations

 

Body

§                     The City has negotiated in good faith to acquire the properties set forth below

§                     For acquisitions, the property owner and staff have agreed on a price based on appraisals and/or estimates.

§                     In the case of condemnations, the value was established by an independent, certified appraisal followed by a third-party appraisal review.

§                     Real Estate staff diligently attempts to contact all property owners by:

-                     Sending introductory letters via regular and certified mail,

-                     Making several site visits,

-                     Leaving door hangers and business cards,

-                     Seeking information from neighbors,

-                     Searching the internet,

-                     Obtaining title abstracts, and

-                     Leaving voice messages.

§                     For most condemnation cases, City staff and the property owner(s) have been unable to reach a settlement. In some cases, condemnation is necessary to ensure a clear title to the property.

§                     If the City Council approves the resolutions, the City Attorney’s office will initiate condemnation proceedings. As part of the condemnation process, real estate staff and the City Attorney’s Office will continue to negotiate, including court-mandated mediation, in an attempt to resolve the matter. Most condemnation cases are settled by the parties prior to going to court.

§                     If a settlement cannot be reached, the case will proceed to a trial before a judge or jury to determine “just compensation.”

§                     Full text of each resolution is on file with the City Clerk’s Office.

§                     The definition of easement is a right created by grant, reservation, agreement, prescription, or necessary implication, which one has in the land of another, it is either for the benefit of land, such as right to cross A to get to B, or “in gross,” such as public utility easement.

§                     The term “fee simple” is a synonym for ownership and is an estate under which the owner is entitled to unrestricted powers to dispose of the property, and which can be left by will or inherited.