Staff or public agency counsel should confirm the proposed property acquisition complies with the California Environmental Quality Act (CEQA). This should be done before the agency adopts a resolution of necessity authorizing the property’s condemnation.
Reason. The right to take is premised on a valid resolution of necessity. Legal authority suggests CEQA compliance may be an essential prerequisite to ensure a valid resolution of necessity, and that an agency’s failure to comply with CEQA can be raised by a property owner to defeat the condemnor’s right to take.
Even if an EIR or negative declaration has been approved for the project, it is wise to double-check to be certain the particular portion of the project related to the property being acquired has been considered in these documents.