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Open Questions and Discussions re Takings Ordinance

This discussion topic was requested by Council Member Quin Evans Segall relative to BL2026-1489, relative to authorizing Metro to acquire a parcel of property through negotiation and condemnation.

Colleagues, 

Last night in the Budget Committee, I asked several questions of finance and legal re the takings ordinance. I am a little concerned that those answers were vague and very concerned that we’re exposed to potentially large sums of money. I’ve asked the following questions of legal and finance and will share answers when they are available. I would also ask that folks support a re-referral to committee on third reading so that we can address any open questions in committee (as opposed to on the floor during a regular meeting).


  1. Can you please identify the specific funds in the CSP that will be used and what those funds were allocated for?

  2. What are the specific needs (square footage, etc.) for which the CSP funds were allocated? 

  3. I’ve been reviewing the MCC cases. This seems analogous to me because in both cases current use and possible future use are so drastically different in terms of FMV. Have we analyzed whether there are any vested rights with the new owners that would affect a fair market value finding?
  4. How did we determine the CSP funding numbers for these needs?
  5. If it turns out that there are vested rights that affect the fair market value, would Metro be able to dismiss the taking at any point during the litigation?
  6. If we started but didn’t finish a taking, are there any possible claims the property owner could bring against us?