An overview of the eminent domain process Pasadena City Council October 16, 2017

What is Eminent Domain? The right of a government to acquire private property for public use, with payment of compensation. 5th Amendment of the Constitution Art. 1, Section 19 of the California Constitution

When can Eminent Domain Be Used? The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The public interest and necessity require the project; (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and (c) The property sought to be acquired is necessary for the project. CCP §1240.030

Why Do Cities Use Eminent Domain? Project for a public use - Infrastructure - Affordable Housing - Public parks - Street widening - Public parking Unsuccessful negotiations with owner Time constraints

Recent Developments Offer to reimburse owner for appraisal Must use property for use stated in Resolution of Necessity Provide acquisition guidelines to owner Lease back provision

Pre-Acquisition Planning & Negotiations Define and approve the Project CEQA review Appraise & Set just compensation Offer to purchase Negotiate in good faith

Resolution of Necessity Public interest & necessity require the Project Greatest public good, least private injury Property is necessary for the Project Offer to owner has been made Public hearing Record must set forth facts to support the findings Approval by a 2/3 vote of the Council

City Files Lawsuit File Complaint and Lis Pendens Deposit amount offered Motion for Order of Possession

Questions?