HomeMy WebLinkAboutOrdinance 05- 1652 Amending Ch 11.01 Eminent Domain Powers
ORDINANCE NO. 1652
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY AMENDING CHAPTER 11.01, PRESCRIBING USE OF EMINENT DOMAIN
POWERS.
WHEREAS, on the 3rd day of December 2001 , the Commission adopted Ordinance No. 1552
enacting eminent domain powers under its self-government powers, for the purpose of condemning and
taking property for all public uses and city uses and purposes; and
WHEREAS, Ordinance No. 1552 further superceded the Urban Renewal Law as set forth in
MCA Title 7, Chapter 15, Parts 42 and 43; and
WHEREAS, concerns have been expressed by residents and property owners within the
Community that such powers and authorities could be used to condemn and take private property for
another private person's development; and
WHEREAS, the City Commission has determined use of eminent domain powers is properly
limited within the city limits of the City of Bozeman.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that
Section 1
The Bozeman Municipal Code is hereby amended by amending Section 11.01.010 so that such
section shall read as follows:
"11.01.010 Extent of power.
The City shall have the power, known as eminent domain, to condemn and take property for
all public purposes and City uses and purposes. The extent of the power and authority shall not be
limited to the uses described in MCA Title 70, Chapters 30 and 31 (sections 70-30-101 et seq, and 70-31-
101 et seq,) and Urban Renewal Law, MCA Title 7, Chapter 15, parts 42 and 43 (sections 7-15-4201 et
seq. and 7-15-4301 et seq.); but shall be limited as follows:
A. Prohibiting Eminent Domain for Economic Development.
Notwithstanding any other provision of law, neither this City nor any of its subdivisions
shall use eminent domain to take private property for economic development without
the consent of the owner.
B. Economic Development. The term "economic development" means the
use of powers of eminent domain to acquire private property for private use in the
implementation of an urban renewal project or similar redevelopment plan.
C. Prohibiting Transfer of Condemned Property to Private Parties.
Notwithstanding any other provision of law, private property acquired through eminent
domain without the consent of the owner shall not be dedicated, sold, leased in
substantial part, or otherwise transferred to a private person, partnership, corporation,
or any other entity for a period of ten (10) years following the acquisition of the
property by the City, except that property may be transferred or leased (1) to private
entities that are public utilities or common carriers such as a railroad or toll road; and
(2) to private entities that occupy an incidental area in a public project, such as a retail
establishment on the ground floor of a public building."
Section 2
Repealer
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in
conflict herewith are hereby repealed.
Section 3
Savlnas provision
This ordinance does not affect the rights and duties that matured, penalties that were incurred
or proceedings that were begun before the effective date of this ordinance.
Section 4
Severabilitv
If any portion of this ordinance or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without
the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be
severable.
Section 5
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 17th day of October /20?5. I
..--- ,... ~
lJ (J
J
ANI)REW L. CETRARO, Mayor
ATTEST:
~-f~
R IN L. SULLIVAN
City Clerk
- 2 -
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the tl day of N O\ItMhe,.. , 2005.
ATTEST:
~X~o
R N L. SULLlVA ~
City Clerk
- 3 -