§ 5.04.130. Eminent domain.

(a) The county herein specifically declares that the grant of a monorail franchise does not grant to the franchisee the power of eminent domain, even if the specified monorail route identified in the monorail franchise or land use permit is on property in which the monorail franchisee has no property right or easement, and that exercise of the county's right of eminent domain to acquire property for a monorail shall be completely discretionary by the county commission. Further, the grant of a monorail franchise or land use permit does not constitute a promise by the county, nor does it obligate the county to exercise its power of eminent domain for a monorail in the future with respect to the monorail.

(b)

A monorail franchisee may request that the county exercise its power of eminent domain by providing a written application to the county manager, which shall include the following:

(1)

A legal description of the property or easement area, clearly identifying its owner and detailing any easements;

(2)

An appraisal of the property or easement area;

(3)

Written evidence which shows that a reasonable offer was made to purchase the property or easement and reasonable time given for the owner to accept the offer;

(4)

Written information that demonstrates the need for the property or easement and all reasonable alternatives the franchisee has considered;

(5)

A deposit of cash made payable to the county treasurer, and delivered to the county manager, in an amount equal to the appraisal of the subject property or easement or such greater amount as the county reasonably determines is necessary under the circumstances; and

(6)

A statement acknowledging that the franchisee shall reimburse the county for any and all legal costs resulting from the county exercising its power of eminent domain.

(c)

When the county manager determines that the application for use of eminent domain is complete, he shall present the application to the county commission at a regularly scheduled meeting. The county commission shall review the application and set a date for public hearing for approval or denial of the use of eminent domain, shall cause public notice of the public hearing, and shall cause notice to be sent to the property owner(s) affected no less than thirty days prior to the public hearing date. The affected property owner(s) and the general public shall be given an opportunity to address the county commission prior to its decision. The franchisee shall reimburse the county for all costs associated with providing the various notices required by this section.

(Ord. 2959 § 1 (part), 2003)