2005-11 Private Property Rights Act of 2005
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ORDINANCE NO. 2005-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, RESTRICTING THE USE OF CONDEMNATION BY THE CITY
AGAINST PRIVATE PROPERTY OWNERS TO BE KNOWN AS
THE ENCINITAS PRIVATE PROPERTY RIGHTS ACT OF 2005
WHEREAS, the Encinitas City Council (this "Council") recognizes the value of
protecting the private property rights of its residents from the threat of condemnation for
purposes of transferring property from one private party to another for specified
governmental purposes;
WHEREAS, in the recent case of Kelo v. City o/New London (#4-108, 545 U.S.
(2005)), the United States Supreme Court in a 5-4 decision ruled that local governments
have the right to condemn private property and, in turn, transfer it to private developers to
spur economic development and tax revenues for the community;
WHEREAS, this Council acknowledges the various interpretations of the Kelo
decision including that it has very little if any practical impact on the use of eminent
domain (by redevelopment agencies) in California as agencies may only take land for
economic development purposes in "blighted areasj" and
WHEREAS, irrespective of the various interpretations of the Kelo decision and
whether or not California law governing eminent domain changes, in an abundance of
caution, this Council desires to assure its residents that the City shall only exercise its
condemnation powers in a manner authorized by the United States Supreme Court in the
Kelo decision pursuant to the restrictions contained in this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ENCINITAS
DOES ORDAIN AS FOLLOWS:
SECTION ONE: A new Chapter 2.74 entitled the "Private Property Rights Act of 2005"
is hereby added to the Encinitas Municipal Code to read as follows:
"PRIVATE PROPERTY RIGHTS ACT OF 2005
2.74.010
2.74.020
Condemnation-Requirement for Vote ofthe People
Chapter Amendment-Four-fifths Vote of Council
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2.74.010
Condemnation-Requirement for Vote of the People
The City Council shall not condemn property for the purpose of transferring it from one
private property owner to another for specified governmental purposes without the
approval of a two-thirds vote of the electorate voting in a regularly scheduled election.
2.74.020
Chapter Amendment-Four-fifths Vote ofthe City Council
This Chapter may only be amended by a Four-fifths vote ofthe City Council."
SECTION TWO:
This ordinance was introduced on August 24, 2005.
PASSED AND ADOPTED this 14th day of September, 2005, by the following vote, to
wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Bond, Dalager, Guerin, Houlihan, Stocks.
None.
None.
None.
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{J~O~
Dan Dalager, May
ATTESTATION AND CERTIFICATE:
I hereby certify that this is a true and correct copy of ordinance No. 2005-11, which has
been published pursuant to law.
'QIL~ G~
Deborah Cervone, City Clerk
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