CORRESPONDENCE - 75F - Laserfiche WebLink

Home Browse Search

Sheppard, Mullin, Richter & Hampton LLP th 650 Town Center Drive, 10Floor Costa Mesa, California 92626-1993 714.513.5100 main 714.513.5130 fax www.sheppardmullin.com November 25, 2020 File Number: 0794-219143 City of Santa Ana 20 Civic Center Plaza, 8th Floor Santa Ana, CA 92702 Attn: Daisy Gomez,Clerk of the Council Re:Objection to Adoption of Resolution of Necessity to Acquisition of Certain Real Property Identified as Parcel Nos. 016-031-54 and 016-031-38, Located at 2301 South Main Street, Santa Ana, CA Dear Ms. Gomez: This firm represents Wells Fargo Bank, N.A. ("Wells Fargo"),owner of the above referenced property (the "Subject Property"). We have received notice of the City of Santa Ana's (the "City") intent to adopt a resolution of necessity authorizing the taking of certain portions of the Subject Property by condemnation for the City's proposed Warner Avenue Widening from Main Street to Grand Avenue (the "Project"). Based upon this notice, the City's hearing is scheduled for December 1, 2020, in Santa Ana, California. Wells Fargo and the City have been working together in a mutually cooperative manner concerning the Project for several years now.And while Wells Fargo appreciates the City's cooperation, Wells Fargo objects to theproposed adoption of the resolution of necessity. This written objection is being provided in lieu of our personally appearing at the hearing, and we request that this letter be included as part of the formal record on that agenda item. Well Fargo objects to the adoption of the resolution of necessity on each of the following specific grounds: 1.The City Failed To Extend A Legitimate Pre-Condemnation Offer Pursuant To Government Code Section 7267.2. Government Code section 7267.2 requires that the City make a legitimate offer of just compensation based upon an approved appraisal prior to initiating condemnation proceedings. A written statement and summary basis for the offer must include sufficient details to indicate clearly the basis for the offer. (Gov. Code, § 7267.2, subd. (b).) These provisions are not merely discretionary guidelines, but mandatory requirements which must be observed by any public entity planning to initiate eminent domain proceedings through a resolution of necessity. City of San Jose v. Great Oaks Water Company(1987) 192 Cal.App.3d 1005, 1013. One of the primary requirements of Section 7267.2 is that the public entity must establish the just compensation for the property to be taken. Concerningjust compensation, "\[t\]he owner is to be put in as good a position pecuniarily as he would have occupied if his property had not