(A) The Agency shall have the power to acquire by purchase, gift or eminent domain proceedings, the fee or such right, title, interest or easement, in such lands as may be deemed by the Agency necessary for any of the purposes mentioned in this chapter, and any personal property necessary for the purpose of the Agency. Such lands or interests therein, or personal property may be so acquired whether or not the same are owned or held for public use by corporations, associations, or other persons having the power of eminent domain, or otherwise held or used for public purposes. Forthwith upon the acquisition of any such fee, right, title, interest or easement, or personal property, the same shall become dedicated to the uses and purposes of the Agency.
(B) The method of condemnation of such property shall be pursuant to the Eminent Domain Act of the state.
(C) When the Agency has filed a proceeding to condemn land or any interest therein, or personal property, pursuant to the provisions of the Eminent Domain Act of the state, and the Board shall determine that the necessity for procuring possession of the property is urgent, it may pass a resolution, at the time that said condemnation is authorized or at any time thereafter for a declaration of taking, declaring that said lands are to be taken for the use of the Agency. Said declaration of taking shall contain, or have annexed thereto, the following:
(1) A statement of the authority under which and, the public use for which, said lands are taken;
(2) A description of the lands taken sufficient for identification thereof;
(3) A statement of the estate or interest in said lands taken for said public use; and
(4) A plat showing the lands taken.
(D) At any time after the report of the Commissioners has been made, the Agency may file said declaration of taking and make a deposit with the Clerk of the Court of the sum of money stated in the award of the Commissioners appointed. Title to said lands in fee simple or such lesser estate as is specified in said declaration or to said personal property shall then vest in the Agency, and the right to just compensation for said land or interest therein or personal property shall vest in the persons entitled thereto. Said compensation shall be ascertained and awarded in said proceeding as otherwise provided in the Eminent Domain Act of the state.
(E) Any property owner whose property is proposed to be the subject of a condemnation action by the Agency shall be provided by U.S. mail at his or her last known address, at least five days prior to the meeting, a copy of the official agenda of the Agency meeting wherein the initial resolution for Condemnation is to be acted upon. In addition to the agenda, the property owner shall be informed by an accompanying letter from the Agency of his or her rights of appeal under § 33.16, in the event the aforesaid resolution is adopted. Each property owner so adversely affected shall be invited to attend the meeting wherein the Agency will act upon the resolution for condemnation.
(Ord. 98-3, passed 9-14-1998; Ord. 98-03.2, passed 12-2-2002)