I have a question that I will throw out to the World Wide Web on details behind the eminent domain (ED) process within a tif district.
The links and text by corbi328 below suggests that a property in the tif district can be EDed with TIF funds if that property is in the interested properties list, AKA the Housing Impact Section+, I believe. It suggests that if a property in the tif district is not in that section, and ED would be used, it would have to be put into that housing impact section and a 120 day review process would have to be created and worked before using TIF funds.
Anyone, Is this true?
The Riverside Village Manager was not sure and she said that there was no money to find the answer out as it would require input from Kane McKenna, the consultants for the TIF.
http://www.riversideinfo.org/forum/topic.php?id=81&page=2&replies=50#post-913
corbi328
Member
A couple of clarifications. Just because a property is on the properties of interest list does not mean that the Village will acquire that property or that it has to acquire it via ED. Also, to be fair and completely above board, there is one more clarification. Even if the property is not on the properties of interest list but is within the TIF boundaries, it could be acquired by the Village using eminent domain. What would be required is a material amendment to the TIF redevelopment Plan, which implies that the Village would have to re-initiate the whole process (i.e. hold public hearings, convene the joint review board etc... ). Obviously a very cumbersome process and one that the Village would probably want to avoid at all costs.
and
http://www.riversideinfo.org/forum/topic.php?id=4&page=3&replies=122#post-355
corbi328
Member
Kim thanks for relaying that story. I do want to add some color to the last part of your post. Only the properties currently identified as possible targets for acquisition are at risk to be acquired during the life of the TIF. For additional properties to be acquired, this would constitute a major change in the draft redevelopment Plan and Project and would necessitate a restarting of the TIF process (i.e public meeting, public hearing, Joint Review Board, etc...). I guess in theory it could happen but in my mind it is highly unlikely as it would be very cumbersome and expensive.
Posted 4 months ago #
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+ I have been trying to find out what inclusion in this housing impact section means for the last 6 months. It was the first question I made to Mr Mckenna at the public comment period. All he said then was that it means that a property 'may' be taken. Technically that is true for any property, whether in a tif for not in a tif. I said this and he gave me a quizical, and very expensive, blank look. In his case, blank looks are NOT free!
Then I thought I learned that it was simply a section the authors of the TIF document are required to include if there are more than 10 units that may be so displaced and it allows for a certain amount of re-location costs. Since the original version of the tif doc had more than 10 units, the section needed to be included. (parenthetically, since around 9 units have been removed, and we are under 10 units, I THINK this means that the section does not even need to be included.) This is a different understanding of the list than was stated above by corbi328.
So I wonder what it means. I need the specifics.
As the board seemed to mouth in yesterday's meeting, lack of specificity is a problem that people have with this tif document.