The tool is eminent domain, a power that—if granted to the city—would allow the redevelopment agency to forcibly buy property from owners.

According to the commission report, in the case of the redevelopment agency, eminent domain would give the agency a last resort if negotiations with businesses fail. If property must be purchased to complete city plans, it also protects the owners by guaranteeing fair compensation, relocation and tax benefits.

By approving the item with a six-to-one vote, the commission adopted a resolution to recommend to the city council that the Central Core Redevelopment plan be amended to reinstate the power of eminent domain.

Director of Community Development Robert Paternoster likened eminent domain to a hammer, to be left in the toolbox in case it is ever needed, saying that—as of that meeting—there was no intended use for it.

But Commissioner Christopher Moylan—the only member to vote against the resolution—said it seemed more like an atomic bomb, a tool that people hoped would never be used.

But like an atomic bomb, eminent domain has been used in the past: it was used to acquire the space for the current Town Center mall. Ironically, some community members believe it will now be used to divide the land back up, reestablishing the original street grid.

According to the planning commission report regarding the amendment, eminent domain would be used to "further the Agency's efforts to alleviate blight and enhance the economic vitality of the Project Area."

And while city staff emphasized that there were no specific "blights" at this time, Moylan—before voting against the amendment—said he had a pretty good idea what the intended use of this tool would be.

Moylan said that with the timing of the amendment and the current problems the city is facing with the redevelopment of the Murphy Street area because of the mall, it's apparent that the city will use the power to reestablish the downtown street grid. To do so, the Town Center mall area would have to be dramatically changed.

The mall is a point of contention for the redevelopment plan because a number of different parties must be brought to the table to agree on any changes. Those partners include the owners of Target, Macy's and JCPenney buildings, the owner of the mall property as a whole and the city. Of those, the JCPenney representatives are not part of the discussion to remodel. According to Todd Ruble, managing member of Harvest Partners, owners of the JCPenney building, his company has plans to lease out its space to other companies.

David Daniels, an attorney representing Harvest Partners, said his clients deserve to be allowed to take part in the redevelopment talks, and eminent domain could be used to forcefully exclude them from the proceedings.

According to city law, eminent domain stands for 12 years and must be renewed at the end of each period. From 1975 to 1987 and from 1987 to 1999, the city held that power, but it was not renewed and has not been in place for four years.

Unlike in the past, when eminent domain was used to take both residential and commercial property, this time it is being limited to commercial property, something that some feel may be an irrelevant difference.

Paul Reed, president of the Friends of Sunnyvale association, spoke against eminent domain, saying it would allow the city to potentially disregard property rights.

"The use of eminent domain, we think, is really harmful to people," Reed said. "We feel that there is no difference between residential and commercial property. Property rights are property rights."

Planning Commission Chair Laura Babcock, who voted for the resolution, bridged the gap between the two views, saying that a tool is not the proper analogy for eminent domain.

"I think of it like insurance. Everyone buys insurance hoping they will never have to use it," she said.

With the commission's approval, the amendment now goes before the city council in a public hearing on Dec. 16.