Chapter 15.72 — THE HOMEOWNER AND PROPERTY PROTECTION ORDINANCE—EMINENT DOMAIN

Whereas, this chapter shall be known as "The Homeowner and Property Protection Ordinance";

Whereas, eminent domain has been subject to abuse in California, whereby local governmental entities have condemned property and transferred it, by sale, lease, or otherwise, to the control, management, or exploitation of private entities for private use and profit on the theory that generalized public benefits will flow therefrom;

Whereas, the United States Supreme Court, in Kelo v. City of New London, _____ U.S. _____ (2005), has held that the United States Constitution does not prevent the transfer of property, seized through eminent domain, to private entities for private profit;

Whereas, it is the intent of the Lodi city council that private property shall not be taken or damaged for the use, exploitation, or management of any private party, including, but not limited to, the use, exploitation, or management of property taken or damaged by a corporation or other business entity for private profit, as is currently permitted under the United States Constitution under Kelo v. City of New London, _____ U.S. _____ (2005);

Whereas, it is not the intent of this chapter to prevent the rental of space in a government building or any other government-owned property for incidental commercial enterprises, including, but not limited to, gift shops, newsstands, and private nonprofit entities such as churches and other religious and civic organizations; and

Whereas, this chapter shall apply only to condemnation actions that are completed after this chapter goes into effect.

A.

Property taken by eminent domain by the city shall be owned and occupied by the condemnor or another governmental agency utilizing the property for the stated public use by agreement with the condemnor, or may be leased only to entities that are regulated by the Public Utilities Commission or to private nonprofit

entities. All property that is taken by eminent domain shall be used only for a public use or as set forth above.

B.

If any property taken through eminent domain after the effective date of the ordinance codified in this chapter ceases to be used for the stated public use, within ten years of its original acquisition, the former owner of the property or a beneficiary or an heir, if a beneficiary or heir has been designated for this purpose, shall have the right to reacquire the property at the original purchase price or fair market value of the property, whichever is lesser, before the property may be otherwise sold or transferred.

(Ord. 1775 § 1, 2006)