HomeMy WebLinkAboutRESOLUTIONS - 01011969 - 69-648 IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COU TY, STATE OF CALIFORNIA
In the Matter of } RESOLUTION NUMBER. 69/648
Adopting County Policy }
on private Condemnations .
The Board of Supervisors of Contra Costa County RESOLVES THAT:
1. This 'Board hereby, adopts the following policy and
procedure for handling requests' for exercise of eminent domain
for private parties to facilitate beneficial development of the
County without unnecessary Cost to the taxpayers,, and to allow
effectuation of the applicable laws {e.g. Civil Code Sec. 1001,
Ord. Code Sec. 8463{c} (C)) .
2. When a private party asks the County to acquire property
by eminent domain, for a public, improvement connected with his
private development, this Board shall submit his request, with
all necessary engineering data and financial estimates to a
Subcommittee of the Assessment District Screening Committee
rich shall be comprised of representatives of the Public Works
Department;, the Office of the County Counsel,, the Centra Costa
County Flood Control and "Mater Conservation District and the
office: of the County Administrator, the Public Works' 'Department
to be responsible for setting meeting dates, preparing the
agenda, keeping minutes and preparing reports of subcommittee
meetinas.
3. The Subcommittee shall study the request, provide the
owner of the property proposed to be condemned with an oppor-
tunity to appear before the Subcommittee, determine if the Public
Works Department, Flood Control District or other appropriate
agency recommends that the proposed property to be condemned is
necessary for a proposed public improvement and that the proposed
location of the improvement> will be most compatible with the
greatest public good and least private injury, and shall report
its findings to the Board with its 'recommendation for action by
the Board along one of the following lanes
a. If the Board determines , after providing the owner
of the property proposed to be condemned with an
opportunity to appear before the. Board, that the
acquisition is primarily for the benefit of, and of
substantial importance to, the County or one of its
associated public agencies (e.g., the Flood Control
District) , it should authorize the County Counsel
to initiate condemnation proceedings and all county
departments to assist therein as may be appropriate
(e.g. , Right of Way for negotiation, Auditor for tax
information) ,, with the requesting party first
R.ES4LNTION NUNBER 69/648
..............................................................I--.......
.................................................................................................
.............................................................
..........
agreeing (to the County Counsel 's satisfaction as to
form and security in accordance with the conditions
therefor as provided in Exhibit "All attached hereto)
to completely advance or reimburse all costs and
expenses thereof including deposits and Judgments .
b. Unless the Board specially provides otherwise, the
requesting party shall handle the condemnation pro-
ceedings in the County's name and naming the County
Counsel as co-counsel, with the requesting party
being responsible for carrying the matter forward
expeditiously and at no cost or liability to the
County, pursuant to an agreement therefor as pro-
vided in (a) above.
c. If the Board determines that the acquisition is of
only incidental or slight public benefit, it should
deny the request.
PASSED AND ADOPTED on October 7, 1969.
RESOLUTION NUMBER 69/648
EXHIBIT "A"
CONDITIONS FOR THE INSTITUTION OF
COUNTY CONDEMNATION ACTIONS AT
THE REQUEST OF PRIVATE PARTIES
(SUBDIVIDERS OR D E EIDPERS)
A. That the Board of Supervisors authorise the condemnation after
the following:'
1. Negotiations . Finding by the Subcommittee of the Assess-
ment District Screening Committee that the private party has Stade
every reasonable effort to acquire the property by negotiations
including, when deemed appropriate by the Subcommittee, the obtain-
ing
bta n-ing of a market value appraisal by an independent qualified appraiser,
or the employment of a disinterested third party to conduct negotia-
tions,
egotis-
ti.ons, or whatever further action the Subcommittee deemed necessary
for pre-condemnation negotiations .
2. Public Use. Recommendation of the Subcommittee that the
proposed acquisition is primarily for the benefit of, and of
subs tant i.a l importance to the County or one of its associated
public agencies.
B. That the private party, subdivider or developer comply with and
execute an agreement with the County containing the following
provisions:
1. Costs. Private party will pay all costs of acquiring the
necessary property including the purchase of fee titles or rights
of way necessary to accomplish this work, all condemnation suit
costs to be incurred in acquiring said property and rights, the
award of the Court to the property owners, court costs, attorney's
fees, and fees of appraisers approved by the County. Private party
shall, covenant to hold the County absolutely free, clear and harmless
from any costs incurred in said property and rights acquisition
......... ......... ......... .......1.1.11.1 _
....... .... ........ ........... .............. ......... ....... .........
whether by negotiation or condemnation , and from all liability
arising from this work Including abandonment coats if incurred.
2 . Legal Services . The Office of County <Counsel of Contra
Costa County shall have supervision of the said condemnation action,
but the private partyrs attorney shall perform all legal services
required for said condemnation action, such as making; all legal
appearances required, conducting the trial of said matter and
handling; any past trial, proceedings required , including appeals.
The County shall not in any manner be liable or responsible to the
private party 's attorney for legal services rendered for the said
condemnation action. The County retains the right at any time at
its sale discretion to direct that legal services for said condem-
nation action be exclusively provided by the Office sof the County
Counsel thereafter with all costs thereof to be borne by the private
party as provided herein. In the agreement , the Counter shall
associate the private party's attorney as Special Counsel for the
County to provide the legal, services specified'' in the agreement'.;
3. Reimbursement. In connection with the reimbursement of the
County ,for all costs set forth in Section I above , the private party;,
shall agree as follows
(a) To pay to the County of Contra Costa, if desired ,
through the County Counsel 's office at the time of executing the
agreement a sum as provided therein on account' of right of gray
services to be rendered by Right of Way Division of the Public Works
Department of County or 'Flood Control District for said condemnation
action,; 'which will be refunded to the private party when the condem-
nation is concluded less such amounts as are necessary to ,reimburse
said flight of Way Division for services rendered to that time.
Services will be rendered by 'said' Division at the hourly rate pro-
vided f'or in the a x ee er t . .'Rip of.Way .servi•ces will: be provided
only to the extent of funds depo sited with the County . If
-2-
said sum deposited as hereinabove provided for is exhausted , County
shall forthwith advise the private party in writing, and if the
private party requires additional services rendered by said might
of stay Division, he shall within ten (10) days deposit additional
monies with County to cover said services', The Right of Way Division
shall consult with the private party and his attorney with regard to
any offers to be made to the owner of the property to be acquired,
and no offer shall. be made to the owner by said Right of Way
Division which has not been approved by the private party and his
attorney;
(b) To deposit in Court any amount ordered by the Court
for security in connection with any order for immediate possession'
obtained in such condemnation action after appraisals by an
appraiser or appraisers approved by the County. Said deposit , if
not withdrawn, shall be returned to the private party upon:' the
dismissal of the said condemnation action;
(c) The private party will post with the County Counsel:
and County a bond guaranteeing to the County Full payment of all
judgments awarded in said condemnation , all costs therein including
appraiser's fees , attorney 's fees , including those of the County
Counsel if incurredasprovided herein by Counter, and all 'others ,
and including costs and fees on appeal_ It any appeal is taken said
bond to be in the suit of twice the amount of the deposit for
Immediate possession ordered by the Court . Said bond shall: be
submitted to the County before the order for immediate possession
is obtained from the Court ;
(d) The private party shall. 'covenant to pay reasonable
attorney 's fees and casts involved in; any suit by or on behalf of
the County on said bond or to recover for the .Counter the costs ,
fees and ether items of expense covered by the agreement;
._.. . .... ......... ......... ... .
.......... ........... ...
_ ......... ......... ......... ....._... ..... ._.
........ .............. __....... ......... .._...... ..._.....
.............................
(e) It will be understood that the County will maintain
appropriate records reflecting; its legal and other expenses
including the time devoted ty the County Counsel 's" office .
4. Acquisition Time It is understood that the property which
Is to be the subject of the said condemnation action shall: be
acquired within the ones-year period following the Issuance of the
order of immediate possession, either by negotiation or formal
condemnation , and that the private party and his attorney will take
all reasonable actions necessary to effect said acquisition within
the one year.
VJW.: e
_4�- 6 ,916