§ 2.24.240. Acquisition of real estate.

A.

The director or other chief administrative official of any department, commission, board or agency of the metropolitan government, with the approval of the mayor, is authorized to acquire land on behalf of the metropolitan government, either by purchase or by condemnation, for use for public purposes in accordance with the procedures to be established as provided in Section 8.103(k) of the Metropolitan Charter.

B.

Any land acquired by, or on behalf of the metropolitan government shall be paid for out of the unencumbered balance of any appropriation for such purpose, and an appropriation for the construction of any public project or extension thereof shall be considered as an authorization for the acquisition, by purchase or condemnation of any land necessary or convenient to effecting the purposes of the project.

C.

In the event it becomes necessary or convenient to acquire any land, by purchase or by condemnation, under the authority of this section, the director or other chief administrative official of the department, commission, board or agency seeking to have land acquired shall make a request in writing to the mayor giving in detail the location of the land sought to be acquired, the purpose for the acquisition, and all other information which shall be required by the rules and regulations of the director of public property administration or by executive order of the mayor.

D.

No land shall be acquired by or on behalf of any commission or board unless such acquisition has been authorized by a resolution of the commission or board, specifying in detail the land to be acquired, the public purpose or use for which the land is needed, and containing such other information as the commission or board may wish to include, or as may be required by the procedures established by rules and regulations of the director of public property administration or by executive order of the mayor.

E.

When the mayor has approved a request for the acquisition of land, as provided by this section, he shall transmit the request with his approval to the director of public property administration, and the director of public property administration shall proceed to acquire the land, by purchase or by condemnation, in conformity with the procedures established by his rules and regulations in accordance with Section 8.103(k) of the Metropolitan Charter.

F.

The mayor may delegate to the director of public property administration his authority to approve requests for the acquisition of land, and the director or chief administrative officer of any commission, board or agency who is dissatisfied with the disapproval of such request by the director of public property administration shall have the right to appeal such disapproval to the mayor for a decision.

G.

The director of public property administration, with the assistance of the department of law and the metropolitan planning commission, shall establish standard procedures for acquiring land for metropolitan departments, boards and commissions, which standard procedures shall be in the form of rules and regulations approved by the mayor and filed with the metropolitan clerk as a public record. The director of public property administration shall prescribe by such rules and regulations the form and content of the request to the mayor for the acquisition of land as provided by this section, and he may provide for other forms and procedures consistent with this code and other ordinances and the Metropolitan Charter.

H.

The provisions of this section relating to land acquisition shall not apply to land acquisition for the Nashville Electric Service and the Nashville Housing Authority, which agencies are excluded from such land acquisition procedures by Section 8.103(k) of the Metropolitan Charter, or to the Nashville Transit Authority, the land acquisition for which is provided for by Appendix Four to the Charter.

I.

Prior to the adoption of an ordinance, on second reading, by the council authorizing the acquisition by purchase or condemnation of real estate to be utilized as a site for the construction of a new public school or relocation of existing public school, a public hearing shall be held on said ordinance. The metropolitan planning commission shall give notice in two newspapers of general circulation in the area of metropolitan government at least fifteen days but no more than thirty days prior to the public hearing and shall provide additional written notice of such hearing to the district member of council in whose district the property to be acquired is to be located and to all members of the metropolitan board of public education. In addition to such notice, the metropolitan planning commission shall cause signs to be posted on the site in the same manner and under the same conditions as provided in Article XV of Chapter 17.40 and Section 17.08.030 of the Metropolitan Code; provided, however, the wording shall clearly state the intended use rather than zoning provisions. Such public hearing shall be held in the council chambers; however, such hearing need not be held during a regular meeting of the council.

J.

Notwithstanding any other provision of this section to the contrary, no land to be maintained as open space or to be used for recreational purposes having a purchase price in excess of two hundred thousand dollars shall be acquired unless and until the director of public property administration has obtained an appraisal from a 'state certified real estate appraiser', as defined in Tennessee Code Annotated Section 62-39-102 or as the same may be hereafter amended.

(Ord. BL2013-577 § 1, 2013; Amdt. 1 to Ord. 95-1396, 5/16/95; Ord. 95-1396 § 1, 1995; prior code § 2-1-103)