§ 16-2-11. Required reports concerning eminent domain proceedings.


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  • (a)

    Where the aggregate appraisals or any formal estimates of value, which will serve as the basis of a good faith offer of just compensation for the property to be acquired, exceed by more than fifty percent (50%) the sum of the initial estimate of the total aggregate acquisition costs reported under section 16-2-2(3) and (4) of this Code, the appropriate city department, or its designee, shall report to city council the following updated information:

    (1)

    The total aggregate appraisals, or formal estimates of value;

    (2)

    A statement as to the source of funds for the acquisition; and

    (3)

    An explanation of any increased acquisition costs.

    At the request of the reporting department, or agency, and through the adoption of a resolution by the city council pursuant to the provisions of the Michigan Open Meetings Act, being MCL 15.268(d); MSA 4.1800(18)(d), this report shall be made in a closed session of the city council;

    (b)

    On or about September 30th of each year, the appropriate departments, agencies, or their designees, shall report to city council upon the status of each project where the power of eminent domain has been exercised in the preceding fiscal year. At a minimum, this annual report shall include:

    (1)

    For each project, a statement of the aggregate projected costs for:

    a.

    Acquisition including contingencies,

    b.

    Relocation of displaced persons, and

    c.

    The allowance of funds for environmental site investigations, site assessments, response activity, remedial actions, removal actions, or abatement of any hazardous substance, if any, mandated by, or anticipated to be performed in compliance with, any applicable environmental law, including but not limited to CERCLA, TOSCA, or Section 7A of NREPA; and

    (2)

    For each project, a statement of the aggregate actual costs as of June 30th of each year for:

    a.

    Acquisition including contingencies,

    b.

    Relocation of displaced persons, and

    c.

    Environmental site investigations, site assessments, response activity, remedial actions, removal actions, or abatement of any hazardous substances, if any, mandated by, or anticipated to be performed in compliance with, any applicable environmental law, including, but not limited to CERCLA, TOSCA, or Section 7A of NREPA.

    (c)

    On or about September 30th of each year, the corporation counsel shall report to the city council the following information regarding eminent domain litigation pending as of June 30th of such year:

    (1)

    Identification of each such legal action;

    (2)

    Identification of the property that is the subject of each such legal action; and

    (3)

    The stage of each such legal action.

(Ord. No. 18-96, § 1, 7-31-96)