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b/1/Z017 '/ : ZZ : 'o PM Melissa Hammond PTWWW Page 3 Maria D. Huizar June 1, 2017 Page 3 It is inappropriate to attempt to condemn first, and then suggest that an error can be corrected by a subsequent offer or subsequent appraisal after the adoption of a resolution of necessity. (See, City of Stockton v. Marina Towers (2009) 171 Cal,App,4th 93.) The City cannot correct,its error by simply reappraising after adopting a resolution of necessity to retroactively confer upon itself with the authority to do that for which it has already done. California's Eminent Domain Law mandates strict compliance with its statutory requirements before a public entity may confer upon itself with the awesome power of eminent domain to condemn private property for a public purpose. 'The proceeding to condemn land for a public use is special and statutory and the prescribed method in such • cases must be strictly pursued especially if those methods benefit the [property] owner." (City of Needles v. Griswold(1.992) 6 Ca.l,App,4th 1881, 1895, quoting Harrington v. Superior Court (1924) 194 Cal, 185, 191 and City of Los Angeles v. Glasse!?(1928) 203 Cal, 44, 46 [emphasis added].) 2. The City 11I.as Failed To Ne':otiate„1n.0 t . i h Pursuant To.(xovernm.ent. Government Code section 7267.1 imposes an affirmative obligation on a public entity seeking to condemn property to seek to acquire that property first by negotiation. (Johnston v. Sonoma County Agricultural Preservation cF Open Space Dist, (2002) 100 CaLApp.4th 973,) "The public entity shall make every reasonable effort to acquire expeditiously real property by negotiation." (Gov. Code, § 7267.1, subd, (a).) The duty to negotiate is designed to a-void litigation, not avoid the recognition of 19 buildings. "In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the public programs, and to promote public confidence in public land acquisition practices, public entities shall, to the greatest extent practicable, make every reasonable effort to acquire property by negotiation." (8 R/itkin, Summary of Cal. Law (9th ed. 2004) Const. Law, § 972,) The fundamental precept of any good faith negotiation is that it be predicated on a legitimate precondemnation offer that complies with the Government Code. Here, the City's appraiser has ignored rental properties located on the Subject Property and, instead, valued the larger parcel as unimproved land. The offer as proposed cannot he accepted, Instead of conducting an appropriate appraisal, the City is prematurely moving forward with this condemnation action and demanding that the property owner either "blindly" accept its precondenrnation offer "as is" (without first providing the owner with 2097353.1