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74-003
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Last modified
1/3/2012 12:34:52 PM
Creation date
6/26/2003 10:46:47 AM
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City Clerk
Doc Type
Resolution
Doc #
74-3
Date
1/7/1974
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for which such property is acquired, or by the likelihood that the property would be <br />acquired for such improvement, other than that due to physical deterioration within <br />the reasonable control of the owner or occupant, will be disregarded in determining the <br />~ompensation for the property. The public entity shall provide the owner of real <br />property to be acquired with a written statement of, and summary of the basis for, <br />the amount it established as just compensation. Where appropriate, the just compen- <br />sation for the real property acquired and for damages to remaining real property <br />shall be separately stated. <br /> <br />Sec. 7267.3 Scheduling construction or development; written notice; time <br /> <br />The construction or development of a public improvement shall be so scheduled that, <br />to the greatest extent practicable, no person lawfully occupying real property shall <br />be required to move from a dwelling, assuming a replacement dwelling will be available, <br />or to move his business or farm operation, without at least 90 days' written notice <br />from the public entity of the date by which such move is required. <br /> <br />Sec. 7267.4 Fair rental value; short-term occupier <br /> <br />If the public entity permits an owner or tenant to occupy the real property acquired <br />on a rental basis for a short term, or for a period subject to termination by the <br />public entity on short notice, the amount of rent required shall not exceed the fair <br />rental value of the property to a short-term occupier. <br /> <br />Sec. 7267.5 Coercion to compel agreement on price <br /> <br />In no event shall the public entity either advance the time of condemnation, or defer <br />negotiations or condemnation and the deposit of funds in court for the use of the <br />owner, or take any other action coercive in nature, in order to compel an agreement <br />on the price to be paid for the property. <br /> <br />Sec. 7267.6 Condemnation proceedings; institution by public entity instead of by <br /> owner <br /> <br />If any interest in real property is to be acquired by exercise of the power of <br />eminent domain, the public entity shall institute formal condemnation proceedings. <br />No public entity shall intentionally make it necessary for an owner to institute <br />legal proceedings to prove the fact of the taking of his real property. <br /> <br />Sec. 7267,7 Acquisition of entire property; avoidance of uneconomic remnant <br /> <br />If the acquisition of only a portion of a property would leave the remaining portion <br />in such a shape or condition as to constitute an uneconomic remnant, the public entity <br />shall offer to and may acquire the entire property if the owner so desires. <br /> <br />I-9 <br /> <br /> <br />
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