HomeMy WebLinkAboutTitle_11 Eminent Domain Powers
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Title 11
EMINENT DOMAIN POWERS
Chapters:
11.01 Use of Eminent Domain Powers
XI~1 10/2005
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Chapter 11.01
USE OF EMINENT DOMAIN POWERS
Sections:
11.01.010 Extent of Power
11.01.020 Initiation of Condemnation
11.01.030 Effect of Resolution
11.01.040 Eminent Domain Procedure
11.01.050 State Law Superseded
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.
S. 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." (Ord.
1652 S 1,2005; Ord. 1552 S 1,2001)
11.01.020 Initiation of Condemnation
The city shall initiate all eminent domain actions by the City Commission passing a resolution
declaring the public purpose for which the condemnation is being made, which resolution shall
describe the property to be taken, and the extent of the interest condemned. The resolution shall
authorize the city officials to proceed. (Ord. 1552 S 1,2001)
11.01.030 Effect of Resolution
The passage of the resolution, initiating condemnation and taking of private property for any
public use declared in the resolution, is conclusive as to the necessity of the taking. (Ord. 1552
S 1, 2001)
11.01.040 Eminent Domain Procedure
The eminent domain procedures shall follow the state statutes. (Ord. 1552 S 1, 2001)
XI-2 10/2005
11.01.050 State Law Superseded
MCA 7-5-4106 is hereby superseded and the Urban Renewal Law as set forth in MCA Title
7, Chapter 15, Parts 42 and 43 where inconsistent herewith is hereby superseded. It is the intent
of this chapter that the City may take full advantage of the Urban Renewal Law by following the
procedures set forth herein and shall not be restricted in the exercise of powers of eminent
domain for the purposes described in the Urban Renewal Law by the provisions thereof. (Ord.
1552 S 1, 2001)
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