Laserfiche WebLink
CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? <br />YES. But, if the purchase of only a part of your property reduces the value of the remaining <br />part(s), you must be paid for the loss in value (offset by any special benefits accruing to the <br />remainder resulting from the new public improvements). Also, under those circumstances, if any <br />remaining part would have little or no utility or value to you, the City will offer to buy that <br />remaining part if you so desire. <br />WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? <br />Tf you (or your tenant) wish to remain in the property after acquisition for a short term or for a <br />period subject to termination by the City on short notice, you will be required to sign a rental <br />agreement or similar document, The rent will not exceed the lesser of the fair rental value of the <br />property to a short-term occupier or the prorated portion of the fair rental value for a typical rental <br />period. <br />However, the amount of rent to be paid by your of your tenant shall be within your financial <br />means or your tenant's financial means, as the case may be. <br />HOW SOON MUST I MOVE? <br />If you reach a voluntary agreement to sell you property, you camrot be required to move before <br />you receive the agreed purchase price. In the case of a condemnation, you camrot be required to <br />move before the estimated fair market value of the property has been deposited with the court so <br />that you can withdraw your share. <br />Every reasonable effort will be made to give you ample time to relocate after the <br />acquisition of your property. In most cases, a mutually satisfactory arrangement Cali be <br />worked out. You catmot be required to move without at least 90 days advance written <br />notice of the date by which your move is required. In addition, if you are being displaced <br />from your residence, a decent, safe and sanitary replacement property must be available before <br />you can be required to move. <br />AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? <br />The offer of compensation made by the City does not include any consideration for loss of <br />business goodwill, which may be claimed by an owner of a business if one is being conducted on <br />the property or on the remainder if the property being acquired is part of a larger parcel. <br />Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: <br />(a) The owner of a business conducted on the property taken, or on the remainder if such property <br />is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of <br />the following: <br />(1) The loss is caused by the taking of the property or the injury to the remainder, <br />(2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and <br />adopting procedures that a reasonably prudent person would take and adopt in preserving the <br />goodwill. <br />(3) Compensation for the loss will not be included in payments under Section 7262 of the <br />Government Code. <br />75M-40 <br />