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HomeMy WebLinkAbout2006-12 - Adding Chapter 1.35 to the NBMC Limiting the Use of the City’s Power of Eminent DomainORDINANCE NO. 2006-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, ADDING CHAPTER 1.35 TO THE CITY OF NEWPORT BEACH MUNICIPAL CODE LIMITING THE USE OF THE CITY'S POWER OF EMINENT DOMAIN WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed by a charter adopted by the citizens of the City; and WHEREAS, the State of California Eminent Domain Law authorizes the City to acquire property through eminent domain for a public use; and WHEREAS, the United States Supreme Court has ruled that cities and redevelopment agencies may utilize eminent domain laws to take private property for the sole benefit of another private person; and WHEREAS, the City finds and declares that the arbitrary use of eminent domain by local government agencies for the benefit of other private property owners hampers economic development; and WHEREAS, the City finds that adopting a clear policy limiting the City's use of eminent domain to public use, will provide certainty for City property owners and encourage economic investment; and WHEREAS, the City desires to remove impediments to vibrant economic growth within the City and to also remove the threat of eminent domain occurring in arbitrary circumstances where private parties are the beneficiaries of the City's use of eminent domain. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: Chapter 1.35 of the Newport Beach Municipal Code is hereby added to read as follows: CHAPTER 1.35 EMINENT DOMAIN Sections: 1.35.010 Definitions 1.35.020 Limitations on Use of Eminent Domain 1.35.010 Definitions As used in this Chapter, the following terms shall have the following ascribed meanings: "Owner" means the owner of the fee title interest in the property to be acquired, as shown on the last equalized assessment roll, or other more current proof of vesting the City may have. "Property' shall mean any interest in real or personal property otherwise subject to acquisition through the use of eminent domain. "City- Affiliated Agency" shall mean the City of Newport Beach and /or any other entity possessing the power of eminent domain, the governing board of which is solely composed of, or is solely appointed by, the members of the City Council of the City of Newport Beach. 1.35.020 Limitations on Use of Eminent Domain The City of Newport Beach and /or any City - Affiliated Agency shall not exercise the power of eminent domain to acquire any property from the owner of the property, without the owner's consent, for the sole purpose of transferring the property to another person to further private economic development. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. 2 SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 25th day of April, 2006, and adopted on the 9th day of May, 2006, by the following vote, to wit: AYES, COUNCILMEMBERS CuA Ay, Sefich, Roaan,s y, Ridgeway, Daigle, NichoEz, Mayo h Webb NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2006 -12 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of May 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, :Mayor Webb Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of May 2006. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2006 -12 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: May 13, 2006. In witness whereof, I have hereunto subscribed my name this day of P4 2006. /Z � ! +Ce E � City Clerk City of Newport Beach, California