HomeMy WebLinkAboutIR 9435To the Mayor and Members of the City Council
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Senate Bill 18 passed in the last legislative session, effective on September I'`, significantly impacts the
City's condemnation processes. Because of the statutory changes, condemnation will take longer, may be
more costly and will require a special vote for approval to condemn by eminent domain.
Expanded Timetables:
Condemnation begins in a "negotiation" phase when the City's land agents secure appraisals and make
offers to purchase property. If the negotiations fail, an M & C seeking Council approval for condemnation
is scheduled on an agenda and the case is sent to the City Attorney's office. Once the condemnation
petition is filed, three special commissioners are appointed by a judge and a commissioners' hearing is
set the commissioners' sole responsibility is to assess the value of the property. This is known as the
administrative phase. If either party is dissatisfied by the commissioners' award, they may appeal and the
case enters its litigation phase.
More Expensive:
Under case law, landowners generally could not be compensated for impairment of access to their property
because of a government taking. Now, statutorily, landowners shall be reimbursed for an injury or benefit
that is peculiar to the property owner and that relates to the owner's use and enjoyment of the property.
This includes a material impairment of direct access on or off the remaining property that affects the market
value of the remaining property. Not only will this provision drive up the cost of property, it will result in
more litigation.
There is now a provision that requires the City to provide a relocation advisory service comparable to the
federal government's service. The City must also pay moving expenses and provide financial assistance to
acquire replacement housing.
Mayor and Council Communication Language:
Finally, M & Cs seeking approval for condemnation should be listed separately perhaps under a subheading
under `Land ". The subheading should read: "Eminent Domain: The Fort Worth City Council Will
SSUED BY THE CITY MANAGER FORT WOR
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To the Mayor and Members of the City Council
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SUBJECT: Changes to Condemnation Process — Senate Bill 18
Consider the Use of Eminent Domain to Condemn Property." All references to "condemnation" in the
subject line or in the body of the M & C should be paired with, "by eminent domain ".
Motion to Approve Condemnation:
The new law requires a special motion for approving eminent domain. The statute recommends the
following language:
I move that the City of Fort Worth authorize the use of the power of
eminent domain to acquire (describe the property) for (describe the
public use).
A description of the property's specific use is required. For example, "The easements will be used for the
Sanitary Sewer Main 257 upper and Middle Village Creek Parallel Relief Main, Part I."
If there are two or more units of real property that are owned by the same person, the Council may treat
those as one unit of property.
The statute also allows the condemning authority to authorize the use of eminent domain for all units of
property to be condemned in one resolution if no member objects and the project requires the
condemnation of multiple parcels —such as the many parcels required for Alliance BNSF. If the Council
uses only one M & C for multiple parcels, the minutes must reflect that the first vote applies to all of those
units.
For you convenience, the Law Department will prepare the suggested motion for your use during the City
Council meeting.
Please let me know if you have any questions.
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