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File #: ORD 2019-018    Version: Name:
Type: Ordinance Status: Consent Calendar
File created: 5/21/2019 In control: Town Council
On agenda: 7/2/2019 Final action:
Title: Ordinance Amending Chapter 14.02 of the Castle Rock Municipal Code Concerning Eminent Domain (Second Reading - Approved on First Reading on June 18, 2019 by a vote of 6-0)
Attachments: 1. Ordinance 2nd Reading

To:                     Honorable Mayor and Members of Town Council

 

From:                     Robert J. Slentz, Town Attorney

 

Title

Ordinance Amending Chapter 14.02 of the Castle Rock Municipal Code Concerning Eminent Domain (Second Reading - Approved on First Reading on June 18, 2019 by a vote of 6-0)

Body

________________________________________________________________________________

 

Executive Summary

 

As requested by Town Council, the proposed ordinance amends the Castle Rock Municipal Code to require the following language be incorporated into an ordinance authorizing condemnation:

 

“Should good faith negotiations fail to result in an agreement with the property owner on value of the property or other terms of the acquisition, the Town Attorney shall so advise the Town Council and request Town Council authorization to institute eminent domain proceedings and acquire immediate possession of the property. Upon receipt of such request, the Town Council at a regular or special Town Council meeting shall consider the request, at which time the property owner will have the opportunity to be heard.  Upon conclusion of the hearing, the Town Council shall approve or deny the request for commencement of filing a petition in condemnation.  If the request is denied, the Town Attorney will continue negotiations with the property owner.”

 

Staff Recommendation

 

Staff recommends approval of the Ordinance as presented on second and final reading.

 

Proposed Motion

 

“I move to approve the Ordinance as introduced by title on second and final reading.”

 

Attachments

 

Attachment A: Ordinance