HomeMy WebLinkAboutOrdinances - No. 1776NO. 177
Personnel - of the Lodi Municipal Code is
,020 reiatin~ to eminent domain and shall read
e known as "The ~omeowner and Property Protec~ion
rdinance~~; and
, eminent domain has been §u~j~ct to abuse in ~aljfo~nia, whereby local
overnmental entities have ~ondemned prope~y and tr~nsferr~d it, by sale, lease, or otherwise,
ent, or exploitation of private ntities for private use and profit on the
elo v. City of New on don, -
tion does not prevent the transfer of
for private profit; and
blie benefit^ will flow therefrom~ and
intent of the Lodi City Council that private property shall not be
e, exploita~ion, or management of any private party, including, but
not limited to, the use, ~xploi~ation, or management of prape~y taken or damaged by a
eorporation or other busines~ entity far private profit, as is currently permi~ed under the United
uflder Kelo v. City of New London, -US.- (2005) by the
rdinance to prevent the rental of space in a
ift shops, n@wsstand~, and private nonprofit entities
vic argani~ations; and
j it is not tho intent of this
rdinaflce shall apply only to condemnation actions that are completed
(a) Property taken by e~inent domain by the Redevelopment Agency of the City of Lodi
shall be owned and occupied by the condemnor or anothe~ governmental agency utilizing the
ublic use by agreement with the condemnor, or may be {eased only to
d by the ~~blj~ U~iliti~s Commission or to private nonprofit entities. All
ain shall be used only for a public use or
above.
(b) If any ~roperty tak n thro~gh eminent domain after the effective date of this
~rdinan~e ceases to be used for the stated public use, within ten years of its original
a~quisit~on, the former own r of the prope~y or a beneficia~ or an heir, if a benefic~ary or heir
has been desi~nat~d for t is ~urpose, shalt have the right to reacquire the pr~erty at the
inal pur~ha~e pf~e or fair mark~t vabe of the prope~y, ~hichever is lesser, before the
prope~y may be otherw~se so4d or trans~eFred~
This ~dinance is not intend to and shall not
h imposes upon the City, or any officer or employee
persons or prope~y within the City or outside of the
or da~ages~ except as othe~ise imp~sed by law.
inances in conflict herewith are re~ealed ~nsofar as
This o~dinance shall be ~ublished one time in the "Lodi News
eneral ci~culat~on p~inte~ and pubiished in the City of Lodi, an
and lake effect 30 days from nd after its passa e and approval.
Ap~roved this 1 Qth day of April, 2006.
Attest:
ate of ~a~ifornia
an Joa~uiR, ss.
ity Clerk of the City of Lodi, do hereby ce~ify that Ordinance
0. 1776 was in~roduced at a ~~ecia~ Joint mee~ing of he Lodi City Co~ncil and
i held March 29, 200
ecial Joint meeti g of the Lodi City Council and
held Aprif 19, 200 , by the following vote:
an, Hansen, and Moun~e
and was thereaffer pas
RS -Johnson and ~ayo~ Hitchcock
and signed by the Mayor on the date of
its ~as$age and the same has been ~ublis~ed pursuant to law.
City Clerk
City A~orney
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