Starr Western Wear has been on the 100 block of Overland Avenue since 1964. Store employees maintain they could be a part of the Downtown Redevelopment Plan.

"This ordinance was an opportunity for city council to actually put into writing what they've been telling us," said Edie Zuvanich with Starr Western Wear.

Zuvanich is talking about city Rep. Melina Castro's ordinance presented to council on Tuesday, defining what blighted means. Council voted down Castro's ordinance 4-3, so as of right now, the city defines areas as blighted, not specific properties.

"Basically eminent domain can be used in any property whether or not it's blighted," said Castro.

Zuvanich said her thriving store is in a blighted area, although her property is not blighted.

"What the city does not have is anything that talks about blighted properties, or the ability to determine that an individual property is blighted, or that an individual property within a blighted area is not blighted," said Zuvanich.

Mayor John Cook said the main problem is not the ordinance itself, but rather who wrote it.

"Most of the council members who are opposed to people who have opposed the downtown plan, have their attorney write an ordinance and presenting it to the council for action," said Cook.

He said the way things are going downtown, eminent domain, and the definition of blighted, should not be an issue.

"People are paying high dollar for those properties, all without the city getting involved in it, so I don't see that we have to, the development is going to happen all on its own," said Cook.

So the city is using the U.S. Housing and Urban Development definition of blighted, which again talks about areas and not specific properties. They have used that definition since 1989.

Castro said time is of the essence, because come Oct. 31, the two-year moratorium on not using eminent domain will be over.