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

2. 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

3. 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 §

4. 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

5. 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

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

7. 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

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

9. Questions?