RDA Min 1992-06-09 - Laserfiche WebLink

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__no ------- O-----~ -- -- -- ~--- resolutions are necessary for the proposed Project, and that the offers to the owners of just compensation required under Government Code 7267.2. has been made. Thus, the most important issue to the owners, compensation, is not relevant to discussion in the context of adopting the resolutions of necess ity. However, when people are not represented by Counsel, it is difficult to sort out those issues and therefore last night comments were heard about the negotiation process. In that context the process of acquiring property by a public agency is a relatively lengthy one and procedurally very technical for the protection of private and public interests. This process has been going on for many, many months including Board approval of the appraisals which gives the authority to the Agency to make the official offer. All of that has occurred. It is not unusual for agreement not to be reached before eminent domain proceedings begin, as it it is a matter of owners not wanting to sell and the Agency taking the property. The law provides this taking in the public interest. The normal sequence of events after the adoption of the resolutions of necessity includes the automatic filing of the eminent domain complaint with the proceedings prepared in advance so there is little delay between the adoption of the resolution of necessity and the commencement of the eminent domain proceedings. It is quite normal for an action to be filed immediately after the resolution is adopted, and the resolution becomes a part of the pleadings or quoted verbatim, so the court knows the process has been carried out. After the action is filed for an order of possession, which is generally obtained ex parte (based on affidavits or declarations and without an opportunity for the owners to appear and be heard), the court meets with counsel usually in Chambers with respect to the issuance of the order of possession, and as a condition to obtaining the order, the Agency must deposit the probable compensation. The owners of the property are entitled to draw down that money or to contest that money, and are not bound by that. Determination of just compensation only occurs by agreement between the owner and the Agency or by the court or the jury. During that time negotiations are carried out, and the preponderance of cases are settled out of court. Redevelopment action can be characterized as major surgery requiring the excision of blight, and, unfortunately people are wounded. However, the Board is vested with the authority to carry out the public will in the interest of public health, welfare and safety. Nobody likes eminent domain but sometimes it is a necessity. In response to questions from the Board Mr. Schricker described the main problem reaching agreement has to do with application and acceptance of the same principles and set of facts used for valuation. Also, the term fair market value is derived from the price negotiated between a willing seller and a willing buyer which is not the case in eminent domain proceedings. In response to questions from the Board, Mr. Schricker advised that the Agency must speak with one voice in negotiations. City Manager Everett stated that the Board of Directors has the final say as to whether the Agency goes to court or settles. Mr. Schricker advised it would not be in the best interest of the Agency for direct contact to be made between the owners and an Agency Member. Adj. Reg. Redev. Agency Mtg. Minutes June 9, 1992 Page 2 MINUTE BOOK NO.1 Page No. 76