(a) In an urban renewal district the City shall have the right to acquire by negotiation or condemnation any interest in real property, including a fee simple thereto, which it may deem necessary for or in connection with an urban renewal project under this chapter. The City may exercise the power of eminent domain in the manner provided in its Charter and acts amendatory thereof or supplementary thereto, or it may exercise the power of eminent domain in the manner now or which may be hereafter provided by any other statutory provisions for the exercise or the power of eminent domain. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to the State, or any political subdivision thereof, may be acquired without its consent, subject to the following. Should the owner of lands or buildings within the renewal district enter into an agreement with the City agreeable to the City and consistent with the objectives and purposes of the renewal plan within such reasonable time and conditioned upon such security as the City may require, which agreement shall have been first approved by the Director of the Department of Economic and Community Development agreeing to conform such lands and buildings and the use thereof to the renewal plan within the time set by the City then the City shall not appropriate such lands or buildings under the provisions of this chapter. The determinations by the City as to whether a private development by such owner is consistent with the objectives and purposes of the renewal plan or as to the necessity of acquisition for proper assemblage of land to carry out plan objectives of the renewal plan shall be conclusive.
(b) In any proceeding to fix or assess compensation for damages for the taking or damaging of property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages in addition to evidence or testimony otherwise admissible:
(1) Any use, condition, occupancy or operation of such property, which is unlawful or violative of, or subject to elimination, abatement, prohibition or correction under, any law or any ordinance or regulatory measure of the State, County, municipality, other political subdivision or any agency thereof, in which such property is located, as being unsafe, substandard, insanitary or otherwise contrary to the public health, safety or welfare;
(2) The effect on the value of such property of any such use, condition, occupancy or operation, or of the elimination, abatement, prohibition or correction of any such use, condition, occupancy or operation.
(c) The foregoing testimony and evidence shall be admissible notwithstanding that no action has been taken by any public body or public officer toward the abatement, prohibition, elimination or correction of any such use, condition, occupancy or operation. Testimony or evidence that any public body or public officer charged with the duty or authority to do so has rendered, made or issued any judgment, decree, determination or order for the abatement, prohibition, elimination or correction of any such use, condition, occupancy or operation, shall be admissible and shall be prima-facie evidence of the existence and character of such use, condition, occupancy or operation.
(Ord. 170-04. Passed 3-23-04.)