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-OCT 22 '~8 0 3 J 4: 4 PM PETERSON BELL CO~NEPSE P.3/4 ..........- --- ,. April 6, 1998 Page 2 communicates a message of seriousness on the part of the City t which may aid the City in the encouragement of redevelopment along the new righr-of-way. The following is a non-inclusive list of benefits: 1. Permits for existing properties on the proposed right-of-way ne.;:d not be issued, subject to the property owner appealing the decision to the Planning Commis- sion/Council. The statute establishes criteria which wiIJ guide the Planning Commission's/Council's issuance of such pennits if an appeal is made. 2. If a property owner expands a use, without securing the appropriate pennit!\ from the City after the official map has been adopted. the: City would not need to pay compensation for the non--confonning expansion. 3. Officially mapping future right-of-way may assist the City in its future planning and budgeting process in that future right-of-way acquisition and construction costs, u wen as furore possible condemnation costs, will be more certain with an official right-of-way designation. The following is a non-inclusive list of potential liabilities: 1. This statute has never had a good constitutional test in the courts_ There have been several early attorney general opinions regarding the statute, which question the constitutionality of portions of the statute. These opinions indicate that the procedures of the statute may take away a property owner's right to just compensation if a permit is denied or if a condemnation is subsequently started. Those attorney general opinions deah with a previous version of the statute where legal pre-existing non-conforming uses were not compensable under the statute. I believe the statute now has corrected that flaw and only those non-confonning uses created after the mapping, without proper permits. are exempted from compensation if there is a subsequent condemnation. 2. By adopting the official map, a future favorable private redevelopment of the existing properties may be discouraged. I assume that if this process is commenced, a detailed review of the properties and buildings which would be affected will be inventoried and analyzed to determine whether the City might be discouraging development or redevelopment which would be beneficial to the City.