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Note: Revenue and Taxation Code Section 68, and California Code of Regulations, Title 18, <br />Rule 462.500, G.1 through G.4, set forth time limits that may affect your eligibilityto <br />retain your favorable current real property tax status. <br />OCTA'S RIGHT OF EMINENT DOMAIN <br />A property owner's rights are guaranteed by the federal and State constitutions and <br />applicable federal and State laws. The principal right is that "Just Compensation" must be <br />paid for any property rights or interests acquired by eminent domain. <br />The vast majority of our transactions are settled by contract. However, if the owner and <br />OCTA cannot agree on the terms of sale, OCTA may resort to the eminent domain process <br />to avoid delayingthe project, and will ultimately initiate condemnation proceedings. <br />OCTA may exercise its power of eminent domain to acquire private property for public <br />use. <br />At a public hearing called a Resolution of Necessity(RON) hearing, OCTA will request authority <br />from the OCTA Board of Directors ("Board") to file a condemnation action in court. You <br />will be given an opportunity to appear before the Board to question whether public <br />interest, necessity, planning and location require the proposed project and your property. <br />The Board does not hear arguments regarding valuation or just compensation at the RON <br />hearing. <br />WHAT HAPPENS INA CONDEMNATION TRIAL? <br />The purpose of the trial is to determine the amount of Just Compensation. Usuallythe trial <br />is conducted before a judge and jury. Both the property owner and OCTA will have the <br />opportunity to present evidence of value. The jury will determine the amount of <br />compensation after being instructed as to the law by the judge. In those cases where the <br />parties choose not to have a jury, the judge will decide the amount of compensation. <br />The Judgment is then prepared by counsel and signed by the judge. It will state that, upon <br />payment of the amount of the verdict for the benefit of the property owner, title will be <br />transferred to public ownership. <br />When OCTA makes the payment as required by the Judgment, the Final Order of <br />Condemnation is signed by the judge and recorded with the County Recorder's office. This <br />finalizes the actual transfer of title. <br />1185095.1 <br />75E-65 <br />