Notwithstanding any other provision of law,
the Municipal Council shall not use eminent domain authority to take
private property for private commercial enterprise, except that:
A. Eminent domain may be used to take abandoned property,
where the City has made diligent efforts to locate the owner of the
property;
B. Eminent domain may be used to eliminate a substantial
threat to public health or safety, including the removal of public
nuisances and the removal of structures that are beyond repair or
that are unfit for human habitation or use;
C. Portions of a property which has been taken by eminent
domain for public use may be leased to private entities, provided
that the private use is incidental to the primary public use; and
D. Property may be taken by eminent domain for the benefit
of private commercial enterprise with the willing and informed consent
of the current owner(s) of the property.