National City Municipal Code Ch. 2.65 Property Acquisition by Eminent Domain

Without limitation, the community development commission (CDC) may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, or devise.

In addition, the CDC may also employ eminent domain in projects involving land acquisition of any real property identified in Exhibit "A," incorporated herein by reference. Land acquisition by eminent domain shall occur only in designated "acquisition areas."

To the extent required by law, the CDC shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this plan and the owner fails or refuses to participate in the plan by executing an owner participation agreement.

Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within acquisition areas of the project area shall be commenced after twelve years following the date of adoption of the ordinance adopting the redevelopment plan. Accordingly, under the existing plan, no eminent domain proceeding to acquire property shall be commenced after August 18, 2007. Such time limitation may be extended only by amendment of the plan.

(Ord. 2293 (part), 2007)

Where necessary in the implementation of this plan, the CDC is authorized to acquire personal property in the project area by any lawful means.

(Ord. 2293 (part), 2007)

In existing and added areas, single-family residential properties are specifically excluded from the use of eminent domain.

(Ord. 2293 (part), 2007)

In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260 et seq.), the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "relocation guidelines") and the method of relocation adopted by the CDC, the CDC shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by CDC acquisition of property in the project area or as otherwise required by law. Such relocation assistance shall be provided in the manner required by the method of relocation. In order to carry out a redevelopment project with a minimum of hardship, the CDC will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The CDC shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the project area. The CDC is also authorized to provide relocation for displaced persons outside the project area.

(Ord. 2293 (part), 2007)

The CDC shall provide all relocation benefits required by law and in conformance with the method of relocation, relocation guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations.

(Ord. 2293 (part), 2007)

EXHIBIT A LOCATION OF REAL PROPERTY POTENTIALLY SUBJECT TO ACQUISITION BY EMINENT DOMAIN

Pursuant to Section 603 of the Redevelopment Plan, the CDC may acquire the following properties through the use of eminent domain:

"Existing Area", as defined in Section 300(m) of the Plan, means the merged National City Redevelopment Project Area originally formulated by Ordinance No. 1762 adopted by the City Council on December 1, 1981, and subsequently amended by Ordinance No. 1821 on May 22, 1984, Ordinance No. 1851 on April 16, 1985, and Ordinance No. 91-2013 on June 18, 1991, as depicted on Exhibit A of the Plan, as follows:

• All parcels located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits.

• All parcels located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54.

• All parcels located immediately north and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard.

• All parcels located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard.

• All parcels located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue.

• Assessor's Parcel Numbers 556-560-41, 556-560-42, 556-560-43, and 556-560-44 located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue.

"Added Area", as defined in Section 300(A) of the Plan, means the territories included in the Project Area by Ordinance No. 95-2095 adopted by the City Council on July 18, 1995, as depicted on Exhibit "D" of the Plan, as follows:

All property in the Added Area, excepting San Diego Unified Port District property.

IN EXISTING AND ADDED AREAS, SINGLE-FAMILY RESIDENTIAL PROPERTIES ARE SPECIFICALLY EXCLUDED FROM THE USE OF EMINENT DOMAIN.

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