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50A - ORDINANCE EMINENT DOMAIN
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50A - ORDINANCE EMINENT DOMAIN
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Last modified
1/3/2012 4:39:33 PM
Creation date
6/4/2007 1:23:45 PM
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City Clerk
Doc Type
Agenda Packet
Item #
50A
Date
6/4/2007
Destruction Year
2012
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Ordinances Describing the Agency's <br />Ordinances Describing the Agency's <br />Eminent Domain Program for Redevelopment Projects <br />June 4, 2007 <br />Page 2 <br />As part of redevelopment reform legislation enacted during 2006, a new <br />requirement was added to the California Community Redevelopment Law <br />(Health and Safety Code Section 33000 et seq.; "CRL") pertaining to <br />eminent domain. Pursuant to CRL Section 33342.7, added by Senate Bill 53 <br />(Stats. 2006, Chap. 591), for each redevelopment plan adopted prior to <br />January 1, 2007, the legislative body must adopt an ordinance by July 1, <br />2007, describing the Agency's program to acquire real property by eminent <br />domain in connection with that redevelopment plan. <br />The Community Redevelopment Agency of the City of Santa Ana {the <br />"Agency") currently has a merged project area with six redevelopment <br />project areas: Central City, Inter City Commuter Station, North Harbor <br />Boulevard, South Harbor Boulevard/Fairview Street, South Main Street and <br />Bristol Corridor Redevelopment Projects (the "Redevelopment Projects" or <br />"Project Areas"). Each of the Project Areas has a separate Redevelopment <br />Plan that governs redevelopment of the respective Project Area, and each <br />Redevelopment Plan contains a time limit on the use of eminent domain. <br />For the South Harbor Boulevard/Fairview Street and Bristol Corridor <br />Redevelopment Plans, the time limit on the use of eminent domain has <br />expired and the Agency now has no authority to acquire real property <br />within those Project Areas by eminent domain. Section 1 of the proposed <br />Ordinances for these two Project Areas describes the expiration of <br />eminent domain authority - for South Harbor Boulevard/Fairview Street, it <br />expired on September 2, 2004, and for Bristol Corridor, it expired on <br />December 4, 2001. <br />For the other four Project Areas, the time limit on the use of eminent <br />domain is as follows: <br />• Central City - June 5, 2008; <br />• Inter City Commuter Station - June 5, 2008; <br />• North Harbor Boulevard - June 5, 2008; and <br />• South Main Street - August 16, 2007. <br />Section 1 of each of the proposed Ordinances for the above four Project <br />Areas contains a recitation of the provisions of the respective <br />Redevelopment Plan that authorize property acquisition by eminent domain, <br />together with a description of the applicable time limit on the use of <br />50A-2 <br />
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