4.04.110 City's written offer to pause property from owner.

(A) City's Written Offer to Purchase Property for Just Compensation., The city shall serve on the property owner a written offer to purchase the property for the amount determined to be just compensation, unless the circumstances set forth in subsections B and D of this section apply, and a statement of the basis for determination of just compensation. The statement must include the following:

(1) A general statement of the municipal project for which the property is to be acquired;

(2) A description of the location and extent of the property to be taken, with sufficient detail for reasonable identification, and the interest to be acquired;

(3) An inventory identifying the buildings, structures, fixtures, and other improvements,

(4) A recital of the amount of the offer and a statement that such amount:

(a) Is the full amount believed by the city to be just compensation for the property,

(b) Is not less than the approved appraisal of the fair market value of the property as improved,

(c) Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public

improvement for which the property is to be acquired, other than due to physical deterioration within the reasonable control of the owner or occupant, and

(d) Does not reflect any consideration of or allowance for any relocation assistance or other payments or benefits which the owner is entitled to received under an agreement with the city, except for an amount to compensate the owner for the loss of goodwill as provided in Section 4.04.100(A)(4),

(e) If the property to be acquired is part of a larger parcel, the statement must include an apportionment of the total estimated just compensation for the partial acquisition, between the value of the property being taken and the amount of damage, if any, to the remainder of the larger parcel from which such property is taken,

(f) If the owner of the real property to be acquired also owns a business conducted upon the property or the remainder, the statement must include an indication of compensation for loss of goodwill.

(B) Circumstances in which City May Offer Less than Just Compensation to Owner. Notwithstanding the foregoing, the city may offer less than the amount determined to be just compensation for the property in the following circumstances:

(1) Property Offered for Sale by Owner. The city may offer to purchase property for municipal projects at a price no less than the amount offered by the owner if the following requirements are met:

(a) The owner has directly offered the property to the city for a specified price which is less than the amount determined to be just compensation before the commencement of negotiations by the city for acquisition of the property; or

(b) The owner has offered the property for sale to the general public at an advertised or published price which is less than the amount determined to be just compensation no more than six months prior to, and the property is still available at this price at the time that the city initiates contact with the owner regarding the possible acquisition of the property; and

(c) No federal funds are involved in the acquisition of the property or the construction or development of the municipal project for which the property would be acquired.

(2) Acquisition by Eminent Domain Not Contemplated by City. The city may acquire property for less than the amount determined to be just compensation if the city is not contemplating the acquisition of the property by eminent domain.

(3) The city may acquire property for less than the amount determined to be just compensation when otherwise authorized by law.

(C) City's Offer May be Conditional. The city's written offer for the property may be conditioned upon the city council's ratification of the offer by execution of an agreement for acquisition of the property or the adoption of a resolution of necessity, or both.

(D) Exception to Requirement that City Make Written Offer to Owner. In unusual circumstances, in which the city council has made a finding that the f project for which the property to be acquired is needed is an emergency project, which is necessary to preserve or protect the public health, safety, or welfare, the city may adopt a resolution of intention pursuant to Section 4.04.150 without first making a written offer to purchase the property from the owner(s). However, in such cases, the written offer must be made by the city to the owner within a reasonable time but in any event, no later than ninety days after the adoption of a resolution of necessity.