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<br />January 29, 1999 <br />Page 2 <br /> <br />Negotiation <br /> <br />The City has the authority to negotiate the acquisition of private property which would <br />be used for public purposes. The City could either acquire fee title to property which would <br />allow the City to use the property for any public purpose, or, it could acquire an easement <br />which would allow the City to use the property for the specific public purpose described in the <br />easement. The purchase price for the right-of-way would be determined by market factors. <br /> <br />Condemnation <br /> <br />If the City is unable to acquire an interest in property through subdivision dedication or <br />by negotiation, it can use its power of eminent dom<lin to acquire right-of-w<lY by <br />condemnation. A condemnation proceeding involves appraisers, attorneys and court appointed <br />commissioners. It is an expensive process that may result in antagonism between a City and <br />its residents. Therefore. this type of acquisition is usually avoided. In a condemnation <br />proceeding the value of the right-of-way is determined by court appointed appraisers and, it <br />the parties are unhappy with the award of the court appointed appraisers, by a jury. <br /> <br />Special Assessments <br /> <br />The remaining link of Shoreline Drive could be acquired through some combination of <br />subdivision dedication, negotiation or condemnation. I suppose It is also possible. but unli kely. <br />that the property owners would give the right-ot-way to the City. In any event, based upon the <br />illustrations contained in the Sanders report, it appears that the completion of Shoreline Drive <br />would financially benefit several property owners. This is the kind of improvement that cities <br />construct because the City has the ability to apportion the cost of the improvement in Some <br />equitable manner through the levy ot special assessments. <br /> <br />If a City chooses this course of action, there are some general rules which must be <br />followed. <br /> <br />1. A City can never specially assess more than the cost of the improvement. <br /> <br />2. The City can only levy special assessments against benefitted property. <br /> <br />ro; <br />7. <br /> <br />e <br /> <br />e <br /> <br />e <br />