36-1478. Eminent domain
A. A municipality may acquire by condemnation any interest in real property, including a fee simple title to that real property, that it deems necessary for or in connection with a redevelopment project under this article, after the adoption by the local governing body of a resolution declaring that the acquisition of the real property described in that resolution is necessary for those purposes.
B. Before a municipality may initiate a condemnation action it must make a good faith effort to negotiate the purchase of the property. If the municipality determines that it cannot acquire the property without the use of a condemnation action it must notify the property owner of the time, date and location of the public meeting concerning the municipality's proposed action. The municipality must provide this notice by certified mail to the property owner's address as stated on the most recent records of the county assessor.
C. The governing body of a municipality must authorize the condemnation of real property by a vote of at least two-thirds of its members.
D. A municipality may exercise the power of eminent domain in the manner provided in articles 2 or 3 of chapter 8, title 12, or in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.
E. Property already devoted to a public use may be acquired in like manner, but real property belonging to this state or any political subdivision of this state shall not be acquired without its consent.
Section: Previous 36-1471 36-1472 36-1473 36-1474 36-1475 36-1476 36-1477 36-1478 36-1479 36-1480 36-1481 36-1482 36-1483 36-1484 36-1485 NextLast modified: October 13, 2016