Often times, a public agency will be successful in negotiating a purchase and sale of occupied property without the need to file an eminent domain complaint. However, unlike a simple arms-length sale and unless otherwise stated, an acquisition in lieu of eminent domain terminates the lease as a matter of law. See Code Civ. Proc. § 1265.110 (“[w]here…
No Offer Necessary For Subsurface Waterlines Or Sewers, But Obligation To Negotiate
Normally, a public agency must make an offer to the owner based on an appraisal prior to initiating negotiations for the acquisition of real property and prior to adopting a resolution of necessity. Often overlooked, however, is that the precondemnation offer is not required when an easement is being acquired for “the construction, reconstruction, alteration,…
If Access Will Be Restricted, Be Sure to Review the Plans
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.” …