(A) Recognition of conflict. In recognition that the sanctity of private property ownership rights, and public needs, are on rare occasions in conflict, the city shall establish requirements, and standards, to govern the declaration of eminent domain.
(B) Requirement to pursue a negotiated agreement. Prior to a declaration of eminent domain, the city shall pursue a mutual agreement with the property owner(s). As an affront to the sanctity of private property rights, eminent domain shall only be declared with forethought, and earnest pursuit, of all reasonable alternatives.
(C) Standard to qualify for eminent domain. The only standard that rises to a magnitude of importance to merit the declaration of eminent domain is that which meets the burden of actual public needs, such as easements required for the construction, or improvement, of necessary public infrastructures like streets, roads, and utilities.
(D) Prohibitions of declaration. The city shall not declare eminent domain for the purposes of recreational use or private enterprise. Recreational use, such as parks, trails, and recreational facilities, are wants that fail to meet the burden of the actual public needs criteria required to merit a denial of the sanctity of private property rights. Private entities shall always have the responsibility to independently procure adequate, and appropriate, property through the free market system.
(E) Eminent domain declaration. The city, in respect for the sanctity of private property rights, shall only declare eminent domain in cases that meet, or exceed, the burden of the public need criteria, in accordance with the original intent, and only after all negotiations, and alternatives, have been exhausted.
(Ord. 2017-16, passed 2-14-2017)