HomeMy WebLinkAbout2001-040-03/06/2001-ESTABLISHING A POLICY FOR THE EXERCISE OF THE CITYS EMINENT DOMAIN POWERS IN CONJUNCTION WITH THE DE RESOLUTION 2001-40
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A POLICY FOR THE EXERCISE OF
THE CITY S EMINENT DOMAIN POWERS IN CONJUNCTION WITH THE
DEVELOPMENT OF PRIVATE PROPERTY
WHEREAS,the City of Fort Collins (the "City"), as a home rule municipality, is authorized
under Article XX, Sections 1 and 6 of the Colorado Constitution to purchase and hold real property
and,within or without its territorial limits,to acquire interests in such property for public use by right
of eminent domain; and
WHEREAS, the City's need to acquire real property generally arises in the context of the
City's own capital projects; and
WHEREAS, the City has, through the adoption of its Land Use Code, established a policy
of requiring the developers of private property to design and construct certain off-site public
improvements that are needed to offset the impacts that the proposed developments will have upon
the City's transportation system, utilities, parks and other public facilities; and
WHEREAS, this policy of having development "pay its own way" frequently results in the
construction of public infrastructure at no cost to the City that not only benefits particular
developments but also serves an important public purpose and benefits the community at large; and
WHEREAS, these off-site improvements often necessitate the acquisition of easements or
rights-of-way by developers to be dedicated to the City and/or other publicly owned or publicly
regulated utility agencies; and
WHEREAS,developers are sometimes unable to proceed with development projects because
of their inability to obtain these necessary easements or rights-of-way by agreement with the property
owner; and
WHEREAS, the City Council believes that some of these property acquisitions that are
necessary for the installation of public infrastructure should be supported,if necessary,by the City's
exercise of its eminent domain powers, because of the public purpose and benefit involved in such
acquisitions; and
WHEREAS, for the foregoing reasons, the City Council wishes to establish the guidelines
provided below to help staff identify situations in which the City's use of its eminent domain powers
may be appropriate in conjunction with the development of private property.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Manager,in reviewing requests from private developers for the
City's exercise of its eminent domain powers, shall review such requests and present for Council's
consideration proposed real property acquisitions through the use of eminent domain when the
following circumstances exist:
(a) There is a sufficient public purpose to justify the acquisition by eminent domain;
(b) It is clear that the eminent domain proceedings are not being commenced primarily
to advance a private interest or private use;
(c) The developer has, to the maximum extent possible, redesigned the project to
alleviate or minimize the need for the proposed easement or right-of-way;
(d) All reasonable efforts have been made to obtain the easements and/or rights-of-way
by private agreement and those efforts have been unsuccessful;
(e) The improvements for which the easements or rights-of-way are needed will be
utilized by more than one person, partnership or other entity and are necessary to
connect the proposed development with existing infrastructure, such as
transportation, water, sewer, stormwater or other utilities; and
(f) The developer has entered into an agreement with the City, satisfactory in form and
substance to the City Manager and City Attorney, that sets forth the parties'
respective rights and obligations related to the eminent domain proceedings,
including, without limitation,a provision obligating the developer to pay all costs of
the property acquisition, including all City costs related to said proceedings.
Section 2. Any such proposed eminent domain action shall be closely reviewed by the
City Council to ensure that the primary purpose of acquiring the real property in question is public
in nature and that the acquisition of the same is necessary in the public interest,notwithstanding any
incidental private benefit that may be conferred upon the developer submitting the condemnation
request to the City.
Section 3. The discretion to determine whether the criteria set forth in Section 1 above
have been met shall be vested solely in the City Council. Nothing herein shall be construed as
limiting,or imposing additional conditions upon,the City's ability to exercise its powers of eminent
domain as authorized in the Colorado Constitution and statutes and the ordinances of the City.
Passed and adopted at a regular meeting of the City Council held is 6th day of March,A.D.
2001.
Mayor
ATTEST:
City Clerk v