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ALVARADOSMITH March 15, 2016 Page 2 person is entitled to payment for actual moving and related expenses as the public entity determines to be reasonable and necessary..." The definition of displaced person is found in Government Code §7260(c)(1): "'Displaced person' means both of the following: (A) Any person who moves from real property, or who moves his or her personal property from real property, either: (i) As a direct result of a written notice of intent to acquire, or the acquisition of, the real property, in whole or in part, for a program or project undertaken by a public entity or by any person having an agreement with, or acting on behalf of, a public entity. Mr. Chavez clearly qualified as a displaced person, and was entitled to relocation assistance and a notice of eligibility for the same. However, such a notice was not forthcoming. The October 2013 letter was not accepted by Mr. Chavez, and the specter of the Project remained as a cloud on title for the Subject Property since that time. Since 2013, Mr. Chavez has worked to develop information from the City's own files to demonstrate the flawed nature of this Project. The City's own actions have further clarified the flaws in the Project, yet the Staff Report and Proposed Resolution of Necessity neither fix the flaws or even address the issues. A public entity's right to exercise the power of eminent domain is restricted by two constitutional mandates: (1) the public entity's right to take the property at issue; and (2) the amount of just compensation to be awarded to the property owner for the taking. Cal. Const. Art. I, § 19; City of Anaheim v. Michel (1968) 259 Cal.App.2d 835, 837. Here, the first component is being challenged. The fundamental prerequisite to the exercise of eminent domain is that a public entity must hold a public hearing and adopt a proper resolution of necessity. Code of Civil Procedure §§ 1240.030; 1245.220; 1245.230(b). The resolution of necessity must establish the three requirements of § 1240.030: (a) The public interest and necessity require the project; (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and (c) The property sought to be acquired is necessary for the project. 4050975.1 --N7475.1