36-1478. Eminent domain
A. A municipality may acquire by condemnation any interest in real property,
including a fee simple title to that real property, that it deems necessary for or in
connection with a redevelopment project under this article, after the adoption by the
local governing body of a resolution declaring that the acquisition of the real property
described in that resolution is necessary for those purposes.
B. Before a municipality may initiate a condemnation action it must make a good
faith effort to negotiate the purchase of the property. If the municipality determines
that it cannot acquire the property without the use of a condemnation action it must
notify the property owner of the time, date and location of the public meeting concerning
the municipality's proposed action. The municipality must provide this notice by
certified mail to the property owner's address as stated on the most recent records of
the county assessor.
C. The governing body of a municipality must authorize the condemnation of real
property by a vote of at least two-thirds of its members.
D. A municipality may exercise the power of eminent domain in the manner provided
in articles 2 or 3 of chapter 8, title 12, or in the manner provided by any other
applicable statutory provisions for the exercise of the power of eminent domain.
E. Property already devoted to a public use may be acquired in like manner, but
real property belonging to this state or any political subdivision of this state shall
not be acquired without its consent.
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