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. , , � <br /> LEGAL DEPARTMENT MEMORANDUM <br /> No. 2000-06 <br /> June 12, 2000 <br /> TO: Honorable Mayor and City Council Members <br /> FROM: Steve Garman, City Manager <br /> John W. Couter, Corporation Counsel <br /> RE: Blight and Conservation Areas <br /> Chapter 49.1 of the City Code enables the City to declare blight and conservation <br /> areas, and to take certain actions to eliminate the blighting factors present. Among <br /> those actions is the acquisition of property by the exercise of eminent domain. As this <br /> chapter is currently written, it may be necessary for the City to have a completed <br /> redevelopment plan in place before eminent domain may be used. This seems an <br /> unnecessary limitation on the City, as current constitutional law permits the <br /> condemnation of such property without a plan - the mere acquisition of the property by <br /> the City, accompanied by the elimination of the most obvious blighting factors <br /> (dilapidated buildings, trash and debris, etc.), is seen as a valid public purpose. <br /> While a plan will most generally follow the designation of an area, it is not always <br /> feasible to wait, and the City should not so limit itself. <br /> Staff recommends that Council amend Chapter 49.1 to expressly authorize the <br /> City to condemn properties in blighted and conservation areas, after the same have <br /> been designated by this Council. An ordinance effecting that amendment is presented <br /> to the Council with this memorandum. <br /> JWC:ps <br /> Attachment <br /> cc: Wendy L. Morthland <br /> Steven G. Jones <br />