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IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? <br />If you and the City reach an agreement for the purchase of your property by the City and your <br />ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, <br />you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. <br />If the title evidence obtained by the City indicates that further action is necessary to show that <br />your ownership is clear, you may be able to hasten the payment by helping the City to obtain the <br />necessary proof. (Title evidence is a legal record of ownership of the property. It identifies the <br />owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other <br />instruments affecting your ownership of the property.) <br />WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE <br />CITY? <br />If you and the City are unable to reach an agreement through negotiations, the City will then <br />either institute formal eminent domain (condemnation) proceedings to acquire the property or <br />abandon its intention to acquire the property. In the latter case, the City will give you notice of its <br />decision as provided by law. <br />WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? <br />The power of eminent domain may only be exercised if: 1) the public interest and necessity <br />require the project; 2) the project is planned or located in the manner that will be most compatible <br />with the greatest public good and the least private injury; and 3) the property sought to be <br />acquired is necessary for the project. Eminent domain proceedings are often referred to as <br />condemnation actions. The City may only file a condemnation action after the adoption of a <br />Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public <br />hearing, of which the owner(s) of the property will receive written notice at least 15 days in <br />advance of the hearing, After the hearing, assuming need and necessity has been substantiated <br />and determined, the City can file a condemnation suit. <br />During the condemnation action, you will be provided an opportunity to introduce your evidence <br />as to the value of your property. The City will have the same right. After hearing the evidence of <br />all parties, the court or a jury will determine the amount of just compensation to which you are <br />entitled. <br />In the State of California, a property owner and the City have a constitutional right to have a jury <br />determine the value of the property in question. If the owner and the City decide to waive their <br />right to a jury tial, a judge can determine just compensation. <br />To help you in presenting your case in a condemnation proceeding, you may wish to consider <br />employing an attorney and an appraiser. However, the costs of these professional services and <br />other costs that you incur• in presenting your case to the court are your responsibility unless the <br />court orders that you are to be reimbursed for your litigation expenses. <br />WHAT IS AN ORDER OF POSSESSION? <br />An order of possession is a process within a condemnation action that allows the City to have the <br />possession of your property prior to a negotiated settlement or an award of just compensation in <br />75M-38 <br />