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PALMIERI TYLER <br />City of Santa Ana <br />June 6, 2017 <br />Page 5 <br />arbitrary, excessive and fails to apply any appropriate standard for <br />investigation/remediation given the property at issue. <br />• OCTA/City is not obliged and has not definitively resolved to oblige itself with <br />remediation at all, let alone the grossly excessive excavation. The remediation <br />assertion is an improper attempt to devalue property and coerce a settlement in <br />violation of the federal and state right of way acquisition requirements including <br />but not limited to the Government Code. <br />s City, not OCTA, purports to condemn. No showing the City personnel with <br />requisite authority have authorized, approved or analyzed the appraisals or offers. <br />• The appraisal and offers have been rendered inapplicable by the passage of time. <br />o Date of value asserted almost a year ago. Half of the property appraised <br />based on data from 2015 to 2013 -- information cased from two to four <br />years ago! Other portion of property based on data a year to over two <br />years ago. <br />o Thus, Just Compensation based upon a current taking has not been <br />offered. <br />• The appraisals do not comply with the federal and state transportation agency <br />requirements that govern this project. <br />o No showing the City cannot obtain a more current appraisal despite <br />recognition that market has improved since 2013 and despite federal and <br />state acquisition requirements that mandate the City do so. The <br />information concerning scarcity of potential relocation sites demonstrates <br />that there is higher demand than previously assessed. <br />o Fails to value the larger parcel. The appraiser improperly and arbitrarily <br />divides the property into separate parts to reduce value inconsistent with <br />both actual and highest and best use. <br />o Fails to value property as used -- The appraisal is not valuing what is <br />actually being taken. It values a hypothetical lower and lesser use. <br />o Fails to value property at highest and best use. <br />o Inconsistent appraisal positions between real estate and improvements. <br />• The offer for improvements pertaining to realty are part of real property being <br />taken but the offer and underlying appraisal fail to value all the improvements <br />2101919.1 <br />