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N' I AGREE' TO ACCEI T TTTg' CITY'S OFFER, HOW MOON'6MI, 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 Agroomont, <br />If the title evidence obtained by the City indicates that further action is necessary to show that <br />your ownersblp is clear, you may be able to hasten the payment by helping the City to obtain the <br />necessary proof. (Titte evidence is a legal record of ownership of the property. It identifies the <br />owners of rocord and lists the restrictive deed covenants and recorded mortgages, liens and other <br />iustr aments affecting your ownership of the property.) <br />WHAT IIAI'PENS IF I ID NOT AMEE T'D TfW FI NAL PURCHASE OFFER W TBA <br />CITY? <br />If you and the City are unable to reach an agreement tbrough 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 />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 drat 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 willreceive 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 ate <br />entitled. <br />In the State of California, a prop city 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 trial, ajudge 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 OIWER OF POSSESSION? <br />An order of possession is aprocess 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 />75R-29 <br />