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.
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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