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<br />BRIGGS .om MORGAN <br /> <br />Mr. Karl Keel <br />March 16, 1998 <br />Page 3 <br /> <br />comply with the City building permit ordiDance requirements as to the time period in which <br />the cons1JUCtion mU8t be connnenccd and completed. If eonstrucuon is not commenced in <br />a timely fashion, the Pennit vvill expire pursuant to ordinance and then. 1 prcswne, the owner <br />must reapply and go through the process aeam. <br /> <br />12. The City never loses its rights t~ take the property by eminent domain, but if <br />it elects to do so after the Permit has been issued, it must pay for any improvements that are <br />built in the "road" area as allowed by the Permit <br /> <br />As we briefly discussed. at least in theory, an owner could attempt to force a City to <br />"take the owner'! property" by applying for a building pmni1 and goiDgthrough thi8 process, <br />but the Owner must be operating in good faith and the City should have the right to provide <br />evidence that the owner is not operating in good faith at the hearing before the Board of <br />Appeals. In addition, if a permit is issued, the owner must eventually build the proposed <br />structUre if the City docs not elect to take lit that time. <br /> <br />Please let me know if you need any additional information conc.eming this process. <br /> <br />Sincerely yours. <br /> <br /> <br />Daniel J, Cole, Jr. <br /> <br />DJC;jm <br />EnclosUIeS <br />cc: Mary lppel <br /> <br />919568 1 <br /> <br />9/v d ILLZSLI9SE 'oN/!O:9[ .~UO[ :GI 86,91 "8C (NOW) <br /> <br />NVGHOW ~ SD~IH8 WOHj <br />