Agenda Item No: 1.i
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 2, 2025
Submitted by: Joe Lambert
From: Development Services
Subject:
Consideration of a Resolution limiting the use of the City's power of eminent domain Financial Impact:
Fiscal Impact:
No Impact
Summary:
Under the California Constitution and State law, the City is authorized to acquire property by eminent domain. One of the prerequisites to acquiring property through the use of eminent domain is that the property must be taken for a public use. Prior to moving forward with an eminent domain action, the City Council is required to adopt a Resolution which sets forth the public use and the necessity for eminent domain. Adoption of Resolution R-2025-44 would limit the use of the City's power of eminent domain.
Recommendation:
Recommended Action: It is recommended that the City Council take the following action:
1. Consider adoption of Resolution R-2025-44, a Resolution of the City Council of the City of Placentia, California, setting forth its position limiting the City's Use of Eminent Domain Power.
Strategic Plan Statement:
This item is consistent with the City Council approved 5-Year Strategic Goal to:
Increase Community Engagement (Goal 4), as this item is brought forward to City Council based on input received by residents who are concerned about the future use of eminent domain.
Discussion:
Under the California Constitution and State law, the City is authorized to acquire property by eminent domain. One of the prerequisites to acquiring property through the use of eminent domain is that the property must be taken for a public use. Prior to moving forward with an eminent domain action, the City Council is required to adopt a Resolution which sets forth the public use and the necessity for eminent domain.
In 2005, in the Kelo v. City of New London case, the United States Supreme Court upheld a 1 Connecticut State law that authorized the taking of private property for the sole benefit of another private person as a public use within the meaning of the Takings Clause of the Fifth Amendment. In response to that decision, in 2008, the voters of California passed Proposition 99 which added language to the California Constitution prohibiting the government from taking a single-family home for the purpose of conveying it to another private party.
If adopted, this Resolution would reaffirm the requirements of the California Constitution and further limit the City's ability to acquire property by eminent on property regardless of its current use, for the sole purpose of private economic development without the property owner’s consent.
Fiscal Impact Summary:
Fiscal Impact:
No Impact
Attachments
Resolution No. R-2025-44.docx
2 Resolution R-2025-44 Page 1 of 2
RESOLUTION NO. R-2025-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, SETTING FORTH ITS POSITION
LIMITING THE CITY’S USE OF EMINENT DOMAIN POWER
A. Recitals.
WHEREAS, in 2025 in the Kelo v. City of New London case, the United States Supreme Court upheld a Connecticut State law that authorized the taking of private property for the sole benefit of another private person as a public use within the meaning of the Takings Clause of the Fifth Amendment; and
WHEREAS, in response to the Kelo case, in 2008, the voters in the State of California passed Proposition 99 which added language to the California Constitution prohibiting the government from taking a single-family home for the purpose of conveying it to another private party; and
WHEREAS, the City Council desires to confirm that limitation and reiterate its position that the City will not exercise its power of eminent domain for the sole purpose of private economic development without the property owner’s consent; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Placentia as follows:
SECTION NO. 1: The City Council hereby specifically finds that all the facts as set forth in the Recitals, Part A, of this Resolution are true and correct.
SECTION NO. 2: The City Council does hereby declare that the City will follow the provisions of the California Constitution in connection with its use of the power of eminent domain. Further, the City will not exercise its power of eminent domain on property regardless of its current use, for the sole purpose of private economic development without the property owner’s consent.
ADOPTED AND APPROVED this 2nd day of September 2025.
__________________________
Kevin Kirwin, Mayor
3 Resolution R-2025-44 Page 2 of 2
ATTEST:
_________________________________
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 2nd day of September 2025 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_____________________________
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
___________________________________
Christian L. Bettenhausen, City Attorney
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