Agenda - Planning Commission - 11/04/2004

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Property may be condemned tbr use by a private interest, including a retail store, parking, and an of Sce complex. The court will apply the same degree of scrutiny over this type of condemnation that it applies to taking propert7 roi' a purely public use. The court will look roi' some evidence in the record that the taking serves a public purpose. Even though a public eneiry, using its eminent domain powers, turns over parcels to a private entiW for use by that private entity: the condemnation will. nevertheless, be constitutional ifa public purpose is furthered by such a transfer of' land. If it appears that the record contains some evidence that the taking serves a public pm-pose, however informal, there is nothing lek for the courts to pass upon. Absolute necessity is not required for a finding of "public purpose" for a condemnation; rather, it is enough to find that the proposed takine~ is reasonabl,,., necessary or convenient for the furtherance of a proper purpose. An appeal ora public pdrpose challenge to a taking does not become moot merely by virtue of title in the property transferring to the party exercising the taking. A public purpose challenge to a taking is not moot even where d~ere have been subsequent changes to the property taken, where effective reiief~- either through return ora portion or all of the property taken or some other appropriate remedy--remains possible. A city. may. chano,~=~ the use for which acquired land had been acquired after title has been transferred in a condemnation proceeding. This does not amount to a discontinuance of the condemnation. Once title is acquired, even under threat of condemnation, the original fee owner does not retain any reversionary interests even if the public purpose for the property was abandoned. The eminent domain procedure is initiated by' a petition, ,which must describe the land to be taken and idendtS' the landowners. The petition is presented to the district court of the county wi~ere the land is situated, asking that the commissioners appraise the damages that may be caused if the land is r. aken. At.least 20 days prior to tim presentation of the petition, a notice of the petition and the time and place of its presentation must be served upon the landowners named in the petition. If'certain landowners cannot be found, the petitioner may flit an affidavit to that effect and fulfill the notice requirement by publishing the required information in the official newspaper for three consecutive weeks. Landowners ~vho are not served are not bound. .~, right-of-way-map or plat must be served uoon a landowner along with the ,vritten demand. The petitioner has lO days following receipt of d~.e wri~en demandzo furnish doe map. ':-{/q',iDi3OOK ,:':)l", ~VIIt'iNESO'[ x {.77llE~. ]'his chapter !asr revised o/2c)/29[~4 113