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IF I WANT ATRIAL, MUST I HAVE AN ATTORNEY <br />AND EXPERT WITNESSES? <br />Property owners have the right to represent themselves. However, you may wish to <br />consult your own attorney. If you do not have one, in many communities the yellow pages <br />of the telephone directory will refer you to an attorney reference service. The local bar <br />association may also provide a list of attorneys who may offer services in eminent domain <br />proceedings. <br />You and your attorney must decide what type of case you will present and what witnesses <br />will be needed. <br />WILL I BE PAID ANY RELOCATION ASSISTANCE BENEFITS <br />EVEN THOUGH I GO TO COURT? <br />A decision to go to court has no effect on your right to relocation benefits. Payment of <br />relocation benefits is administered separatelyfrom the condemnation action. You will be <br />provided details of additional assistance to help displaced persons, businesses, farms or <br />nonprofit organizations in finding, purchasing or renting, and moving to a new location. <br />These are explained in various booklets prepared for homeowners, tenants, and business <br />and farm operators and are made available by OCTA. <br />HOW LONG CAN I KEEP MY PROPERTY? <br />Continued use of your property usually depends on when construction must begin, <br />including utility relocations, and the demolition and/or clearance of buildings. If <br />construction must begin before the trial, OCTA will seek a court order for early possession <br />of your property. <br />In this regard OCTA will be required to deposit with the State Treasurer, the probable <br />amount of just compensation, as determined by an appraisal as security for the value of <br />the property rights it is seeking. The court will determine if the amount of money <br />deposited is adequate. Once the deposit is made the owner may withdraw all or a portion <br />of it at anytime duringthe condemnation proceedings. <br />The court may then grant to OCTA an order for early possession allowing OCTA to use the <br />property for construction of the project. <br />To obtain an Order for Possession, OCTA will file a motion with the court and schedule a <br />hearing 90 days after you and all occupants of the property are served with the motion <br />papers (60 days if the property is unoccupied). You and the occupants, if any, will have 30 <br />days to oppose the motion. Once the court grants an Order for Possession of the property, <br />OCTA may obtain possession of the property 30 days after the owner and any occupants <br />are served with the Order. <br />1185095.1 <br />75E-66 <br />