HomeMy WebLinkAboutRES NO 166-14RESOLUTION NO. 166- 14
CITY OF BAKERSFIELD RESOLUTION OF NECESSITY TO
ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL
PROPERTY BY EMINENT DOMAIN FOR THE AMTRAK
PARKING LOT EXPANSION PROJECT (Code of Civil
Procedure §1245.230)
WHEREAS, Article I, Section 19 of the California Constitution and Code of
Civil Procedure Section 1240.010 authorize acquisition of property rights for
public use by eminent domain procedures; and
WHEREAS, in order to improve traffic capacity and circulation in the area
in and around the Amtrak Station, Bakersfield, and to promote the public
welfare and safety, the City of Bakersfield is planning an Amtrak parking lot
expansion (the "Project "); and
WHEREAS, as set forth in the administrative report, the public interest and
necessity require that a portion of real property commonly described as APN
006 - 140 -13 in Bakersfield, California, and more particularly described in Exhibit
"1" attached hereto and incorporated herein by reference (the "Property "), be
acquired in fee simple for the Project; and
WHEREAS, the City of Bakersfield has provided the record owner of the
Property with notice and opportunity to appear and be heard on the matters
referred to in California Civil Procedure section 1240.030 in compliance with
California Code of Civil Procedure section 1245.235, and, on the date and at
the time and place fixed for hearing, this City Council did hear and consider all
of the evidence presented.
NOW THEREFORE incorporating herein the above recitals, be it resolved by
at least a two - thirds vote of the members of the City Council of the City of
Bakersfield, based on applicable law and the whole record concerning this
matter, including, but not limited to, the accompanying staff report, which is
hereby made a part of this Resolution, as follows:
following:
The City of Bakersfield hereby finds, determines, and declares the
(a) The public interest and necessity require the proposed Project;
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ORIGINAL
(b) The proposed Project is planned or located in the manner that
will be most compatible with the greatest public good and the
least private injury;
(c) The property sought to be acquired is necessary for the Project;
and
(d) The offer required by Government Code Section 7267.2, a
copy of which is attached hereto as Exhibit "2" and
incorporated herein by reference, has been made to the
property owner or owners of record through correspondence
dated April 2, 2014, and April 29, 2014.
2. The City Attorney is hereby authorized and directed to commence
and maintain a proceeding in and for the City of Bakersfield to acquire for the
City of Bakersfield the required interest in the Property.
3. The City Attorney is hereby authorized and directed to make
application to the court for an Order for Possession Before Judgment in these
proceedings; and
4. The Finance Director is hereby authorized and directed to draw its
warrant in the amount of $110,000.00, the warrant to be made payable to the
State Treasury Condemnation Fund and delivered to the City Attorney to be
deposited with the payee as a security for the Order for Possession Before
Judgment.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
SEP 10 2014 , by the following vote:
YES'
NOES:
ABSTAIN
ABSENT:
COUNCILMEMBER RIVERA, MAXWELL, WEIR SMITH, HA ON, SULLIVAN, JOHNSON
COUNCILMEMBER NOO NL
COUNCILMEMBER 6ADM-
COUNCILMEMBER (\AY4Li
ROBERTA GAFFORD, CWC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED SEP 10 2014
0
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
ANDREW HEGL D
Deputy City Attorney
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Attachments:
Exhibit 1 - Property Description
Exhibit 2 - Offer Letter
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ORIGINAL.
CERTIFICATE OF CITY CLERK
I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing
is the full and true Resolution No. �tyLD -M , passed and adopted by the City
Council of the City of Bakersfield at a regular meeting held on the JQ day of
` X , 2014.
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ORIGINAL,
Me No.144OW391MADE
l nm No. c4cn71s771s4mw40mMl64
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Lat sbc (6) of Mm* tight (8) In the Hrst SubdMdon of Kruse Tract, as per Map recorded in Book 2, Page A of
Maps, In the ofFice of the CouM Recorder of said Courrly.
APN: 006- 140-13
EXHIBIT
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Q.TA Rdmimy Report Fm - Muffad (11/17/0 f j I G N A 1,
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B A K E R 5 F J E L D
April 29, 2014
The Lum Family Living Trust
7746 Orogrande Place
Cupertino, CA 95014
Re: PUBLIC WORKS - Amtrak Parking Lot Expansion Project - Offer to Purchase
Real Property — The Lum Family Living Trust - APN 006- 140-13
Dear Mr. and Mrs. Lum:
The Bakersfield City Council has authorized negotiations to purchase your
property, located at 425 Truxtun Ave. Bakersfield, CA 93301, for the Amtrak
Parking Lot Expansion Project. Pursuant to Section 7267.2 of the California
Government Code, the City of Bakersfield offers One Hundred Ten Thousand
Dollars ($110,000) as total just compensation for the acquisition of your property
for the project.
The above offer represents the full amount believed by the City to be . just
compensation for your property. The City's determination of just compensation
for the real property to be acquired is based upon an inspection of the
property, sales of comparable properties, and other factors that influence
value. The offer disregards any decrease or increase in the fair market value of
the property prior to the appraisal of this property caused by the City's interest in
the property. Also, the above offer does not include relocation assistance to
which you may be entitled.
Pursuant to Code of Civil Procedure Section 1263.025 should you elect to obtain
an independent appraisal, the City will pay for the actual reasonable costs up
to five thousand dollars ($5,000) subject to the following conditions:
a. You, not the City, must order the appraisal. Should you enter into a
contract with the selected appraiser, the City will not be a party to the
contract;
b. The selected appraiser is licensed with the Office of Real Estate Apprc>Iisers
(OREA);
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Offer to Purchase
The Lum Family Living Trust
April 29, 2014
Page 2 of 2
c. Appraisal cost reimbursement requests must be made in writing, and
submitted to the City along with copies of the contract (if a contract was
made), appraisal report, and the invoice for the completed work by the
appraiser. The costs must be reasonable and justifiable.
The City's offer is subject to: approval by the Bakersfield City Council; availability
of funding for this acquisition; an environmental review and your ability to deliver
unencumbered title. The City will pay normal closing costs, i.e. escrow fee and
title insurance. You will be responsible for the costs of delivering unencumbered
title, i.e. taxes, demands by lien holders.
Please contact me at your earliest convenience to discuss the City's offer. I may
be reached by telephone at (661) 326 -3181 or by email. at
rwilliams@bakersfielcicity.us
Sincerely,
Renee Williams
Real Property Agent
Enclosures: Contract to purchase real property
Legal Description of property to be acquired
Appraisal prepared by Merriman Hurst & Associates, Inc.
cc: Nick Fidler, Acting Public Works Director
Donald M. Anderson, Real Property Manager
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City of Bakersfield - Property Management Division -1600 Truxtun Avenue ® m
Bakersfield - California • 93301 Q
(661) 326 -3061 • Fax (661) 852 -2042 ORIGINAL
property@bakersfieldcityus
April 2, 201�a
Lum Family Living Trust
7746 Orogrande Place
Cupertino, CA 95014
Re: Amtrak Parking Lot Expansion Project - Notice of Decision to Appraise - APN 006 - 140 -13
i
Dear Mr. and Mrs. Lum,
i
The City of Bakersfield (City) is working to complete the Amtrak parking lot expansion
project on Tmxtun Avenue in central Bakersfield.
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Your property, located 425 Tnuctun Ave. its located within the project area and is
necessary for the project.
The City has contracted with the independent real estate firm, Merriman Durst &
Associates to appraise your property. They will contact you to arrange a mutually convenient
time to accompany the appraiser when he inspects your property. You may designate a
representative to accompany the appraiser during the jinspection of your property if you wish to
do so.
We have enclosed an informative booklet ti ed "Your Property / Your Transportation
Project" which will provide you with answers to questions owners frequently ask concerning
land acquisition procedures.
This notice does not constitute an offer to puirchase your property, nor does it establish
eligibility of the owner and/or any other occuparit for relocation assistance or relocation
payments.
Upon completion of the appraisal, a City representative will contact you for an
appointment to discuss the acquisition in detail.
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Real Property Agent
Cc: Nelson K. Smith, Finance Director
Donald M. Anderson, Real Property Manager
City of Bakersfield - Property Management Division -1600 Truxtun Avenue �gNK49
Bakersfield - Califor is - 93301 o %P
(661) 326 -.3181 - Fax ((61) 852 -2042
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C7RIGINA
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April 2, 201�a
Lum Family Living Trust
7746 Orogrande Place
Cupertino, CA 95014
Re: Amtrak Parking Lot Expansion Project - Notice of Decision to Appraise - APN 006 - 140 -13
i
Dear Mr. and Mrs. Lum,
i
The City of Bakersfield (City) is working to complete the Amtrak parking lot expansion
project on Tmxtun Avenue in central Bakersfield.
i
i
Your property, located 425 Tnuctun Ave. its located within the project area and is
necessary for the project.
The City has contracted with the independent real estate firm, Merriman Durst &
Associates to appraise your property. They will contact you to arrange a mutually convenient
time to accompany the appraiser when he inspects your property. You may designate a
representative to accompany the appraiser during the jinspection of your property if you wish to
do so.
We have enclosed an informative booklet ti ed "Your Property / Your Transportation
Project" which will provide you with answers to questions owners frequently ask concerning
land acquisition procedures.
This notice does not constitute an offer to puirchase your property, nor does it establish
eligibility of the owner and/or any other occuparit for relocation assistance or relocation
payments.
Upon completion of the appraisal, a City representative will contact you for an
appointment to discuss the acquisition in detail.
S''
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Re Williams
Real Property Agent
Cc: Nelson K. Smith, Finance Director
Donald M. Anderson, Real Property Manager
City of Bakersfield - Property Management Division -1600 Truxtun Avenue �gNK49
Bakersfield - Califor is - 93301 o %P
(661) 326 -.3181 - Fax ((61) 852 -2042
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rwilliams@bakersftdcityus Q
C7RIGINA
Your Property
Your
Transportation
Project
B A K E R S F I E L D
1600 Truxtun Avenue, 2^d Floor
Bakersfield, CA 93301
(661)326 -3181
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INTRODUCTION
This booklet was prepared for you as a person who may potentially be affected by a
proposed public transportation project. If it is your property that is affected, you may
have wondered what will happen. Who will contact you? What will be paid for your
property? Who will pay your moving costs? Will the City of Bakersfield (City) help you
find a new place to live? Important questions like these require specific answers.
We hope this booklet will answer some of your questions and present a better picture of
our overall procedures.
WHY DOES A PUBLIC AGENCY
HAVE THE RIGHT TO BUY MY PROPERTY?
Our State and federal constitutions recognize the need for public agencies to purchase
private property for public use, and provide appropriate safeguards to accomplish this
purpose. State and federal constitutions and the federal Uniform Relocation Assistance
and Real Property Acquisition Policies Act, as amended, authorize the purchase of
private property for public use and assure full protection of the rights of each citizen.
The responsibility for studying potential sites for a transportation project rests with a team
of specially trained individuals selected to do this important job. Many months or even
years are spent in preliminary study and investigation to consider possible locations for a
project.
Considerations of the environmental and social impacts are as much a part of location
determination as engineering and cost. Participation by private citizens and public
agencies is actively sought so that various views can be considered in the study
process. The process may include public hearings and /or workshops, which give
persons an opportunity to express their views on the locations being considered.
The City of Bakersfield is composed of many specialists. Among these are:
Transportation Planners
These individuals determine methods and routes for the traveling public. This includes
studies of existing traffic patterns, 'origin- destination" surveys and user benefits. They
also determine whether the proposed project location is economically sound. They
research and analyze the effects produced by similar projects upon other communities.
Environmental Planners
These individuals evaluate the socio- economic and /or environmental impacts,
including traffic, noise and visual impacts of the proposed project
Design Engineers
These individuals recommend the type of transportation project which will be of the
most benefit to the public. They prepare design plans which determine the properties �eNK499
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Relocation Specialists
These individuals perform early studies of the general needs of persons who may need
to be relocated and the kind of replacement properties which may be required.
As a result of this team effort, the best possible location for a transportation facility is
selected after thorough social, economic, engineering, and environmental analyses, as
well as consideration of expressed public concerns and desires. The goal is that the
project provides the greatest public good and the least private injury or inconvenience
while rendering the best possible service.
Transportation Surveyors
These individuals perform field surveys and monument property lines to delineate and
map the City's right of way needs. They are also authorized by law to enter real
property to perform such tasks. It is the City's policy that owners and tenants of property
will be notified prior to such surveys.
WHO WILL CONTACT ME?
One of the first persons you will meet is an independent appraiser performing the
appraisal. You will be afforded the opportunity to accompany the appraiser on the
inspection of your property. At the time of the inspection the appraiser will also provide
you with general project information. The appraiser will analyze your property and
examine all of the features which contribute to its market value. Information about
improvements you have made and any other special features that you believe may
affect the market value of your property should be given to the appraiser to ensure
he /she has all the information you feel is relevant.
It is the duty of the City to ensure that you receive fair market value as if you sold your
property privately in the open market. The City cannot buy your property for more than
it is worth, but it can and will assure you that you do not have to sell your property for
less than its fair market value. California law provides that the owner shall receive a
copy of the appraisal or a summary of the valuation upon which the City's offer is
based.
At the time the offer is made to purchase your property, you may obtain your own
appraisal and the City will reimburse you up to $5,000 for the actual, reasonable costs
of obtaining an independent appraisal. A licensed State appraiser must perform your
appraisal. Your Right of Way Agent will provide more information concerning the
reimbursement procedure at the time of the offer.
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HOW DOES AN APPRAISER DETERMINE
THE FAIR MARKET VALUE OF MY PROPERTY?
Each parcel of real property is different and therefore no single formula can be devised
to appraise all properties. Among the factors an appraiser typically considers in
estimating the value of real property are:
• How it compares with similar properties in the area that have been sold recently.
• How much it would cost to reproduce the buildings and other structures, less any
depreciation.
• How much rental income it could produce.
WHAT ADVANTAGE IS THERE IN SELLING
YOUR PROPERTY TO THE CITY?
A real estate purchase by the City of Bakersfield is handled in the same way as any
private sale of property. However, there can be financial advantages in selling to the
City.
The City will pay fair market value for your property. The City will also pay for the
preparation of all documents, all title and escrow fees, the policy of title insurance,
recording fees and such other fees as may be required for the conveyance of title to
the City. Since this is a direct conveyance of real property from the property owner to
the City there are no real estate commissions involved, and the City will not recognize
or pay any such real estate commissions.
A private sale will usually cost thousands of dollars in sales expenses. There are no seller's
expenses in a purchase by the City.
Additionally, depending on your specific circumstances, you may be eligible for
relocation payments and benefits when you move. These benefits are described in
supplemental booklets which will be provided to you, should the City's acquisition
actually cause you to be displaced from your property.
WILL I BE PAID FOR LOSS IN VALUE
TO MY REMAINING PROPERTY?
When only a part of your property is needed for a project, every reasonable effort is
made to ensure that you do not suffer damages to the remainder of your property. The
total payment by the City will be for the property the City actually purchases and for
any loss in market value to your remaining property.
The determination of any loss in market value is an appraisal problem involving many
variables. When this situation occurs, the Right of Way Agent will explain the effect of a
partial acquisition on your remaining property.
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MAY I RETAIN AND MOVE MY HOME, BUSINESS
BUILDING, MACHINERY, OR EQUIPMENT?
If your house is movable and you wish to make such an arrangement, the City will pay
you on the basis of the market value of your present lot including landscaping, plus the
reasonable cost of moving the building. There are cases where, because of age, size or
condition of the house, the cost of moving it would exceed its present market value,
less its salvage value. In such a case, payment of moving costs would, of course, be an
unwise expenditure of public funds.
If you operate a farm or business, you may wish to keep and move fixed machinery and
equipment. Additionally, as an owner of a business conducted on the property to be
purchased, you may be entitled to compensation for a loss of business goodwill. Your
specific circumstances will need to be analyzed on a case -by -case basis.
If any of these concepts are applicable to your situation, they will be explained by the
Right of Way Agent assigned to purchase your property.
WILL I HAVE TIME TO SELECT ANOTHER HOME
AFTER THE CITY MAKES ITS PURCHASE?
The City starts to appraise properties early enough so that you will have ample time to
move prior to project construction. Like any other real estate transaction, it requires time
to close an escrow after a right of way contract and deed have been signed. You will
not be required to move until reasonable, decent, safe and sanitary replacement
housing is available.
Once you have received the written offer to purchase your property from the City, it is
in your best interest to look for a new place to live as soon as possible. Finding a home
early that best suits your needs before you are required to move will minimize your
personal inconvenience and will avoid having to make a choice of housing under
pressure. In some instances you may be able to sell your property to the City and rent
back temporarily pending construction.
The City also offers to provide you with assistance in finding a new place in which to
live. The City will give you at least 90 days' notice in writing before you are required to
move.
WHAT HAPPENS TO THE LOAN ON MY PROPERTY?
After you and the City have agreed upon a price, a Right of Way Agent and /or c! title
company will contact all other parties having an interest in the property. Payment to
satisfy outstanding loans or liens will be made through a title company escrow as in the
case in any real estate transaction.
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WHAT WILL HAPPEN TO MY GI OR CAL -VET LOAN?
The Veterans Administration and the California Department of Veterans Affairs allow
your veteran loan privileges to be transferred and to become available for coverage
on another property.
Your Right of Way Agent will assist you in the transfer. However, it is to your benefit and
your responsibility to check with the Veterans Administration or the California
Department of Veterans Affairs for procedural instructions.
IF THE VALUE OF MY PROPERTY IS HIGHER TODAY
THAN WHEN I PURCHASED IT, DO I HAVE TO PAY INCOME
OR CAPITAL GAINS TAX ON THIS DIFFERENCE
WHEN I SELL /CONVEY TO THE CITY?
According to the Internal Revenue Service, the sale of property to a governmental
agency for public purposes comes under the definition of an "involuntary conversion ".
In these cases, it is not necessary to pay income tax or capital gains tax if the money
you receive is used to buy a similar property within a limited period of time. In every
case, however, you should check with your local Internal Revenue Service office
and /or accountant.
WILL I LOSE THE FAVORABLE PROPERTY TAX BASIS THAT I
NOW HAVE UNDER THE PROVISIONS OF PROPOSITION 13?
Section 2(d) of Article XIII -A of the California Constitution and Section 68, Rule 462.5 of
the Revenue and Taxation Code generally provide that property tax relief shall be
granted to any real property owner who acquires comparable replacement property
after having been displaced by governmental acquisition or eminent domain
proceedings.
You will be given a copy of Rule 462.5 with an attached page showing examples Of
how to calculate estimates of the tax relief you may be eligible for. These are only
approximations. You must see your county Tax Assessor for a final determination.
Note: Revenue and Taxation Code Section 68, Rule 462.5, G. 1 through G.4, set forth
time limits that may affect your eligibility to retain your favorable current real property
tax status.
THE CITY'S RIGHT OF EMINENT DOMAIN.
An owner's rights are guaranteed by the federal and State constitutions and applicable
federal and State laws. The principal right is that "Just Compensation" must be paid.
The vast majority of our transactions are settled by contract. However, if the owner and
the City cannot agree on the terms of sale, the City may resort to the eminent domain
process to avoid delaying the project, and will ultimately initiate condemnation �gP, KF9
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City Staff will request authority from the City Council to file a condemnation action in
court. You will be given an opportunity to appear before the City Council to question
whether public interest, necessity, planning and location require the proposed project
and your property. The City Council does not hear arguments regarding valuation or
just compensation.
Condemnation lawsuit documents are prepared by the City Attorney and filed with the
court in the county where the property is located. The Summons and Complaint will
then be served on all persons having a property interest in the parcel. The persons
served must answer the lawsuit within 30 days.
Counsel for the parties will then prepare for trial, and the court will set dates for
preliminary motions and the trial.
WHAT HAPPENS IN A CONDEMNATION TRIAL?
The purpose of the trial is to determine the amount of Just Compensation. Usually the
trial is conducted before a judge and jury. Both the property owner and the City will
have the opportunity to present evidence of value. The jury will determine the amount
of compensation after being instructed as to the law by the judge. In those cases
where the parties choose not to have a jury, the judge will decide the amount of
compensation.
The Judgment is then prepared by counsel and signed by the judge. It will state that,
upon payment of the amount of the verdict for the benefit of the property owner, title
will be transferred to public ownership.
When the City makes the payment as required by the Judgment, the Final Order of
Condemnation is signed by the judge and recorded with the County Recorder's office.
This finalizes the actual transfer of title.
WHO PAYS THE CONDEMNATION TRIAL COSTS?
The City pays the costs of its attorney and its engineering and appraisal witnesses. It will
also pay the jury fees and your recoverable costs allowed by law. The fee for filing your
Answer with the court is an example of such costs.
If the judge determines that the City's offer of settlement was unreasonable, while the
demand of the property owner was reasonable as viewed in light of the evidence
admitted at trial and the verdict, the property owner may receive litigation expenses
such as their attorney's fees. The Judgment is then prepared by counsel and signed by
the judge.
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IF 1 WANT A TRIAL, MUST I HAVE AN
ATTORNEY AND EXPERT WITNESSES?
Most property owners will be represented by an attorney, although they have the right
to represent themselves.
You may wish to consult your family attorney. If you do not have one, in many
communities the yellow pages of the telephone directory will refer you to an attomey
reference service. The local bar association may also provide a list of attorneys who
may offer services in eminent domain proceedings.
You and your attorney must decide what type of case you will present and what
witnesses will be needed.
WILL I BE PAID ANY RELOCATION ASSISTANCE
BENEFITS EVEN THOUGH I GO TO COURT?
A decision to go to court has no effect on your right to relocation benefits. Payment of
relocation benefits is administered separately from the condemnation action. You will
be provided details of additional assistance to help displaced persons, businesses,
farms or nonprofit organizations in finding, purchasing or renting, and moving to a new
location. These are explained in various booklets prepared for homeowners, tenants,
and business and farm operators and are made available by the City.
HOW LONG CAN I KEEP MY PROPERTY?
Continued use of your property usually depends on when construction must begin,
including utility relocations, and the demolition and /or clearance of buildings. If
construction must begin before the trial, the City will seek a court order for early
possession of your property.
In this regard the City will be required to deposit with the State Treasurer, the probable
amount of just compensation, as determined by an appraisal as security for the value
of the property rights it is seeking. The court will determine if the amount of money
deposited is adequate. Once the deposit is made the owner may withdraw all or a
portion of it at any time during the condemnation proceedings.
The court may then grant to the City an order for early possession allowing the City to
use the property for construction of the project.
To obtain an Order for Possession, the City will file a motion with the court and schedule
a hearing 90 days after you and all occupants of the property are served with the
motion papers (60 days if the property is unoccupied). You and the occupants, if any,
Will have 30 days to oppose the motion. Once the court grants an Order for Possession
of the property, the City may obtain possession of the property 30 days after the owner
and any occupants are served with the Order.
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Subject to the rights of any other persons having an interest in the property, you may
withdraw all or part of the pre - judgment deposit. If you do not make a withdrawal, the
City will pay interest on the eventual court award, or agreed settlement sum from the
time it legally occupied your property until the date of final payment to you. Interest will
accrue at the applicable statutory rate until paid at the time of final settlement.
The City's Right of Way Agent assigned to purchase your property will assist you in the
transaction and will be available to answer any additional questions you may have.
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DEFINITIONS
The language used in relation to eminent domain proceedings may be new to you.
These are some terms you may hear and their general meaning.
Acquire -To purchase
Answer -The property owner's written reply, in appropriate legal form, filed with the
court in response to the eminent domain complaint and as requested by the summons.
Compensation -The amount of money to which a property owner is entitled under the
law for the purchase of their property and any related damages.
Complaint -The document filed with the court by the City which initiates an eminent
domain proceeding.
Condemnation -The legal process by which a proceeding in eminent domain is
accomplished.
Counsel -An attorney or attorneys.
Eminent Domain -The right of government to purchase private property for public use.
Fair Market value -The fair market value of the property taken is the highest price on the
date of valuation that would be agreed to by a seller, being willing to sell but under no
particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready,
willing and able to buy but under no particular necessity for so doing, each dealing
with the other with full knowledge of all the uses and purposes for which the property is
reasonably adaptable and available.
Final Order of Condemnation -The instrument which, when recorded, transfers title to
public ownership.
Judgment -The court's formal decision based on applicable law and the verdict.
Just Compensation -The measure of Just Compensation is Fair Market Value.
Loss of business goodwill -A loss in the value of a business caused by the City's
acquisition of property that cannot be reasonably prevented by relocation of the
business or the owner adopting prudent or reasonable steps that preserve the value of
the business goodwill.
Parcel - Usually means the property that is being acquired.
Plaintiff -The public agency that desires to purchase the property.
Possession -Legal control; to have the right to use.
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Property -The right or interest which an individual has in land, including the rights to use
or possess. Property is ownership; the exclusive right to use, possess or dispose of a thing.
Right of Entry -An agreement between an owner and the City which allows the City to
utilize the property while continuing to negotiate the terms of settlement. Interest,
calculated at the statutory rate, is included in the settlement upon conclusion of the
transaction.
Summons - Notification of filing of a lawsuit in eminent domain and of the necessity to
file answer or other responsive pleading.
Title -Legal ownership.
Trial -The hearing of the facts from a plaintiff and defendant in court of law, either with
or without a jury.
Verdict -The amount of just compensation to be paid for a property including any
damages to the remainder, if applicable.
This is an informational pamphlet only. It is not intended to give a complete
statement of all State or federal laws and regulations pertaining to the purchase
of your property for a public use, the Relocation Assistance Program, technical
legal definitions, or any form of legal advice.
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ORIGINAL