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CITY OF EUGENE <br /> INTER- DEPARTMENTAL MEMORANVI <br /> CITY ATTORNEY — CIVIL DEPARTME <br /> C () <br /> To: Mayor and City Council Date: May 11, 2007 <br /> Subject: Overview of Condemnation Procedures <br /> and Statutory Authorization to Acquire Property for City Parks <br /> Below is a summary of the Oregon condemnation process and the statutory authority for <br /> acquiring property specifically for city parks. <br /> Basic Steps in a Condemnation Action <br /> ► Identify property needed for public project <br /> ► Survey property to obtain legal description of property <br /> ► Perform title search to identify all interests in property <br /> ► Perform environmental testing on property <br /> ► Adopt ordinance authorizing condemnation and describing need and purpose <br /> ► Appraise the property <br /> ► Appraisal review <br /> ► Negotiate with the property owner <br /> ► Make written offer to property owner and provide appraisal <br /> ► File condemnation action <br /> ► Quick take (optional) <br /> ► Trial <br /> ► Just compensation award <br /> ► Provide relocation assistance <br /> The Power of Eminent Domain <br /> The power of eminent domain is the power inherent in a sovereign state to take property <br /> within its jurisdiction for a public use or benefit. The state has delegated the power of eminent <br /> domain to different entities including local governments and urban renewal districts. <br /> Governments exercise the power of eminent domain through condemnation proceedings. <br /> Article I, section 18, of the Oregon Constitution requires "just compensation" for the taking of <br /> private property for public use. ORS chapter 35 provides the procedures for condemnation <br /> actions and the process for determining just compensation. <br />