HomeMy WebLinkAboutMINUTES - 11011988 - 2.4 "'-®04
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: November 1, 1988
SUBJECT: Simplification of Eminent Domain Procedures
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND
JUSTIFICATION
I. Recommended Action:
A. ADOPT an alternate procedure for notifying property
owners of the intention of the County and/or other
entities governed by the Board of Supervisors, to adopt
a Resolution of Necessity prior to initiating an eminent
domain proceeding. The recommended procedure is
attached hereto as Exhibit A and incorporated herein by
reference.
B. AUTHORIZE the Public Works Director to implement the
alternate procedure and issue the required notices in
cases where he believes the alternate procedure to be
appropriate.
II. Financial Impact:
A slight cost savings will result from less labor required
for the simplified process.
Cont'd on Attachment: X yes Signature:&LZA�
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other
Signature(s)
Action of Board on
Approved as recommended X; Other X_
As recommended by Supervisor Fanden, the Board added to
the procedure for notification the additional requirement
that notices to property owners be sent by the Public Works
Director by CERTIFIED MAIL .
Vote of Supervisors
X Unanimous (Absent ) I HEREBY CERTIFY THAT THIS
-Ayes: Noes: IS A TRUE AND CORRECT COPY
Absent: Abstain: OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF
THE BOARD OF SUPERVISORS ON
DATE SHOWN.
ATTESTED NOV 1 1988
PHIL BATCHELOR, Clerk of
the Board of Supervisors
and County Administrator
BY �G _ 1 Jl�•
DEPUTY
Orig. Div: Public Works (R/P)
cc: County Administrator
Auditor-Controller (via R/P)
P. W. Accounting
County Counsel
SM:rs
BO:aedp
III. Reasons for Recommendations:
Approval of this notification procedure can save up to three
weeks processing time for each eminent domain action in-
itiated.
IV. Background:
The current procedure relating to the processing of condemna-
tions requires that the Board of Supervisors adopt a Resolu-
tion of Intention to adopt a Resolution of Necessity prior to
initiating condemnation proceedings. The Resolution of
Intention is then mailed to the property owners as the notice
required by C.C.P. Section 1245.235. The law does not
require that the Resolution of Intention procedure be used in
all cases, but rather, provides that the governing body may
adopt any other procedure that gives each person whose
property is to be acquired by eminent domain and whose name
and address appears on the last equalized County Assessment
Roll reasonable personal notice and a reasonable opportunity
to appear and be heard on the matter. The law does not
prohibit delegation of the authority to send the required
notice.
V. Consequences of Negative Action:
Staff would have to continue the process of submitting
individual Resolutions of Intention for each project, in
addition to mailing the required notice to affected property
owners.
y
41 ~
EXHIBIT "A"
PROCEDURE FOR NOTIFICATION
The following is the procedure for notifying property owners of
the intention of Contra Costa County, and/or other entities
governed by the Board of Supervisors, to adopt a Resolution of
Necessity prior to initiating an eminent domain proceeding:
The Public Works Director, also known as the Chief Engineer, shall
send the following notice by first class mail at least fifteen
(15) days prior to the scheduled hearing. This notice shall be
sent to each person whose property is to be acquired by eminent
domain and whose name and address appears on the last equalized
County Assessment Roll.
This notice shall be sent only after the public project has been
approved by the Board of Supervisors. A declaration of mailing
shall be completed which specifies the date of mailing and the
names and addresses of the individuals to whom the notice was
mailed.
NOTICE OF INTENTION
The Board of Supervisors, as the governing body of Contra Costa
County [Flood Control and Water Conservation District] [Redevelop-
ment Agency] [ ] , declares its
intention to adopt a resolution of Necessity for the acquisition
by eminent domain of real property in the
area, for a public
improvement, which property is more particularly described in
Appendix "A" attached hereto. The Board will meet on
(date) at a.m. in the Board's Chambers at 651 Pine
Street, Martinez, California, to consider the adoption of the
Resolution.
Each person whose property is to be acquired and whose name and
address appears on the last equalized County Assessment Roll has
the right to appear at such hearing and be heard on:
1. Whether the public interest and necessity require the
project; and
2 . Whether the project is planned and located in the manner
that will be most compatible with the greatest public
good and the least private injury; and
3 . Whether the property sought to be acquired is necessary
for the project; and
4. Whether the offer of just compensation required by
Section 7267.2 of the Government Code has been made to
the owner of record.
PUBLIC WORKS DIRECTOR
By
Date