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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condemning and taking property for all public uses and city uses and purposes; and WHEREAS, Ordinance No. 1552 further superceded the Urban Renewal Law as set forth in MCA Title 7, Chapter 15, Parts 42 and 43; and WHEREAS, concerns have been expressed by residents and property owners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 -