Dana Point Municipal Code Ch. 4.30 Eminent Domain

Neither the City of Dana Point nor any City-affiliated agency may exercise the power of eminent domain to acquire any property from any private owner thereof, without such owner's consent, where the purpose of the acquisition at the time of acquisition is the intended conveyance of the property so acquired to any other private party, for the conduct of any for-profit commercial activity.

As used in this Section, the following terms shall have the following ascribed meanings:

"City-affiliated agency"

shall mean the City of Dana Point and/or any other entity possessing the power of eminent domain, the governing board of which is solely composed of, or is solely appointed by, the members of the City Council of the City of Dana Point.

"Owner"

means the owner of the fee title interest in the property to be acquired, as shown on the last equalized assessment roll, or other more current proof of vesting the City may have.

"Property"

shall mean any interest in real or personal property otherwise subject to acquisition through the use of eminent domain.

(Added by Ord. 05-07, 10/12/05; amended by Ord. 06-11, 12/13/06)