Where there is a proposed partial taking from a larger parcel, the proposed project plans should show any restriction of access to the remainder required by the project. Where access will either be taken (extinguished) or partially restricted, agency staff or counsel should be certain the description clearly describes the access taking and that the…
Communication is Key: Drafting the Resolution of Necessity and Complaint
Often times, property being acquired may be used for a purpose other than to provide an area for the installation of the new infrastructure. For example, an agency may be acquiring property to provide substitute utility service to, or access to a public road from, a property that is not be acquired but which is…
Early Negotiations
Government Code section 7267.2(a) states that “prior to adopting a resolution of necessity…and [before] initiating negotiations…” with the owner, the public entity must: (1) approve an appraisal; (2) make an offer to the owner no lower than the approved appraisal; and (3) include with the offer a summary of the basis for the offer. That said,…
Acquisition of Properties Covered by Williamson Act Agricultural Preserve Contracts
California’s Williamson Act, also known as the California Land Conservation Act of 1965 (Gov. Code § 51200 et seq.), provides that “it is the policy of the state to avoid, whenever practicable, the location of any state or local public improvements and improvements of public utilities, and the acquisition of land therefore, in agricultural preserves.” …
Don’t Forget The Consistency Finding!
An often overlooked pre-condemnation requirement is that the project be reviewed for consistency with the general plan. California Government Code section 65402 requires that a city, county or local agency may not acquire real property until the location, purpose, and extent of such acquisition have been submitted to and reported upon by the “planning agency”…
Using An Unavoidable Dilemma To Your Advantage
Consistent with my Practice Tip to Avoid the Potential for Precondemnation Damages (November 14, 2017), I always recommended that public agencies proceed with the precondemnation process in a noncommittal and conditional manner. This is because evidence showing that the agency has pre-committed to the acquisition can be used to challenge the agency’s otherwise lawful adoption…