50A - ORDINANCE EMINENT DOMAIN - Laserfiche WebLink

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City of Santa Ana the functions and requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; "CRL"). D. Section 33342.7 of the CRL requires the City Council to adopt an ordinance on or before July 1, 2007, that contains a description of the Agency's program to acquire real property by eminent domain in connection with the Agency's implementation of the Central City Redevelopment Plan. Section 2. Section III.B.1. of the as "Except as specifically exempted herein, the Agency may acquire but is not required to acquire, all real property located in the Project area, by gift, devise, exchange, purchase, eminent domain, or any other lawful method. "It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute the Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area. "The Agency shall not acquire interests in oil, gas or other mineral substances within the Project Area, except to preclude surface drilling within the Project Area. "The Agency is not authorized bylaw to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property if it becomes private property by being transferred by deed, lease, or otherwise to private ownership or control before the Agency completes land disposition within the entire Project Area if the Agency and the private owner do not enter into a participation agreement. "The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. "The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alteration, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." In accordance with Ordinance No. NS-2290 (adopted on May 6, 1996, and effective on June 5, 1996), eminent domain proceedings to acquire property 2 50A-5