Section 7267.2 Of Chapter 16. Relocation Assistance From California Government Code >> Division 7. >> Title 1. >> Chapter 16.
7267.2
. (a) (1) Prior to adopting a resolution of necessity
pursuant to Section 1245.230 of the Code of Civil Procedure and
initiating negotiations for the acquisition of real property, the
public entity shall establish an amount that it believes to be just
compensation therefor, and shall make an offer to the owner or owners
of record to acquire the property for the full amount so
established, unless the owner cannot be located with reasonable
diligence. The offer may be conditioned upon the legislative body's
ratification of the offer by execution of a contract of acquisition
or adoption of a resolution of necessity or both. The amount shall
not be less than the public entity's approved appraisal of the fair
market value of the property. A decrease or increase in the fair
market value of real property to be acquired prior to the date of
valuation caused by the public improvement for which the property is
acquired, or by the likelihood that the property would be acquired
for the improvement, other than that due to physical deterioration
within the reasonable control of the owner or occupant, shall be
disregarded in determining the compensation for the property.
(2) At the time of making the offer described in paragraph (1),
the public entity shall provide the property owner with an
informational pamphlet detailing the process of eminent domain and
the property owner's rights under the Eminent Domain Law.
(b) The public entity shall provide the owner of real property to
be acquired with a written statement of, and summary of the basis
for, the amount it established as just compensation. The written
statement and summary shall contain detail sufficient to indicate
clearly the basis for the offer, including, but not limited to, all
of the following information:
(1) The date of valuation, highest and best use, and applicable
zoning of property.
(2) The principal transactions, reproduction or replacement cost
analysis, or capitalization analysis, supporting the determination of
value.
(3) If appropriate, the just compensation for the real property
acquired and for damages to remaining real property shall be
separately stated and shall include the calculations and narrative
explanation supporting the compensation, including any offsetting
benefits.
(c) Where the property involved is owner-occupied residential
property and contains no more than four residential units, the
homeowner shall, upon request, be allowed to review a copy of the
appraisal upon which the offer is based. The public entity may, but
is not required to, satisfy the written statement, summary, and
review requirements of this section by providing the owner a copy of
the appraisal on which the offer is based.
(d) Notwithstanding subdivision (a), a public entity may make an
offer to the owner or owners of record to acquire real property for
less than an amount that it believes to be just compensation therefor
if (1) the real property is offered for sale by the owner at a
specified price less than the amount the public entity believes to be
just compensation therefor, (2) the public entity offers a price
that is equal to the specified price for which the property is being
offered by the landowner, and (3) no federal funds are involved in
the acquisition, construction, or project development.
(e) As used in subdivision (d), "offered for sale" means any of
the following:
(1) Directly offered by the landowner to the public entity for a
specified price in advance of negotiations by the public entity.
(2) Offered for sale to the general public at an advertised or
published specified price, set no more than six months prior to, and
still available at, the time the public entity initiates contact with
the landowner regarding the public entity's possible acquisition of
the property.