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
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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