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MEMORANDUM <br />TO: MEMBERS. OF THE ROSEVILLE CITY COUNCIL ~~ ~~ <br />FROM: AMY IHLAN <br />SUBJECT: PROPOSED POLICIES ON USE OF EMINENT DOMAIN <br />DATE: NOVEMBER 22, 2005 <br />-------------------------------------------------------------------------------------------------------- <br />Since it appears that the council will push ahead to vote on the use of eminent domain in the <br />Twin Lakes development very soon, I would like to propose the following policies to be <br />incorporated in a city ordinance governing the council's use of eminent domain for <br />development/redevelopment. These could be adopted individually, or in combination. <br />Proposal #1 <br />Eminent domain shall not be used for private commercial development or redevelopment. <br />Proposal #2 <br />Eminent domain shall not be used for retail developments including stand-alone stores of <br />50,000 square feet or more, or for "shopping centers' as defined in city zoning code. <br />Proposal #3 <br />1. Eminent domain shall not be used for private commercial development or <br />redevelopment, unless: <br />a. the project creates living wage jobs for all workers (as defined by a minimum <br />income of 130 per cent of the federal poverty guidelines for a family of 4); or <br />b. at least 30% of the proposed project area consists of new public facilities <br />(including community centers or other public buildings, dedicated parks or open <br />space conservation areas); and <br />c. independent economic, fiscal, and environmental impact studies show that the <br />public benefits from the project outweigh public costs. <br />2. Eminent domain shall not be used for housing development or redevelopment unless: <br />a. the project includes at least 50% affordable housing; or <br />b. at least 30% of the proposed project area consists of new public facilities <br />(including community centers or other public buildings, dedicated parks or open <br />space conservation areas), and the project includes at least 10% affordable <br />housing. <br />3. The removal of blight or clean-up of environmental pollution shall not be sufficient to <br />establish a public use or purpose justifying use of eminent domain for development or <br />redevelopment. <br />4. If property taken by eminent domain is not used for the purpose for which it was <br />condemned, the property shall be returned to its former owners. <br />