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11A - ORDS EMINENT DOMAIN
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11A - ORDS EMINENT DOMAIN
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Last modified
1/3/2012 4:39:11 PM
Creation date
6/13/2007 12:57:18 PM
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City Clerk
Doc Type
Agenda Packet
Item #
11A
Date
6/18/2007
Destruction Year
2012
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City of Santa Ana the functions and requirements of the California Community <br />Redevelopment Law (Health and Safety Code Section 33000 et seq.; "CRL"). <br />D. Section 33342.7 of the CRL requires the City Council to adopt an <br />ordinance on or before July 1, 2007, that contains a description of the Agency's <br />program to acquire real property by eminent domain in connection with the <br />Agency's implementation of the Central City Redevelopment Plan. <br />Section 2. <br />Section 111.6.1. of the <br />as <br />"Except as specifically exempted herein, the Agency may <br />acquire but is not required to acquire, all real property located in the <br />Project area, by gift, devise, exchange, purchase, eminent domain, <br />or any other lawful method. <br />"It is in the public interest and is necessary in order to <br />eliminate the conditions requiring redevelopment and in order to <br />execute the Plan, for the power of eminent domain to be employed <br />by the Agency to acquire real property in the Project Area. <br />"The Agency shall not acquire interests in oil, gas or other <br />mineral substances within the Project Area, except to preclude <br />surface drilling within the Project Area. <br />"The Agency is not authorized by law to acquire real property <br />owned by public bodies which do not consent to such acquisition. <br />The Agency is authorized, however, to acquire public property if it <br />becomes prvate property by being transferred by deed, lease, or <br />otherwise to private ownership or control before the Agency <br />completes land disposition within the entire Project Area if the <br />Agency and the private owner do not enter into a participation <br />agreement. <br />"The Agency shall not acquire real property to be retained by <br />an owner pursuant to a participation agreement if the owner fully <br />performs under the agreement. The Agency is authorized to <br />acquire structures without acquiring the land upon which those <br />structures are located. The Agency is also authorized to acquire <br />any other interest in real property less than a fee. <br />"The Agency shall not acquire real property on which an <br />existing building is to be continued on its present site and in its <br />present form and use without the consent of the owner, unless (1) <br />such building requires structural alteration, improvement, <br />modernization, or rehabilitation, or (2) the site or lot on which the <br />building is situated requires modification in size, shape, or use, or <br />(3) it is necessary to impose upon such property any of the <br />standards, restrictions and controls of the Plan and the owner fails <br />or refuses to participate in the Plan by executing a participation <br />agreement." <br />In accordance with Ordinance No. NS-2290 (adopted on May 6, 1996, and <br />effective on June 5, 1996), eminent domain proceedings to acquire property <br />2 <br />11 A-2 <br />
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