Section 33399 Of Article 7. Property Acquisition From California Health And Safety Code >> Division 24. >> Part 1. >> Chapter 4. >> Article 7.
33399
. (a) If a public entity has adopted a redevelopment plan but
has not commenced an eminent domain proceeding to acquire any
particular parcel of property subject to eminent domain thereunder
within three years after the date of adoption of the plan, the owner
or owners of the entire fee at any time thereafter may offer in
writing to sell the property to the agency for its fair market value.
If the agency does not, within 18 months from the date of receipt of
the original offer, acquire or institute eminent domain proceedings
to acquire the property, the property owner or owners may file an
action against the agency in inverse condemnation to recover damages
from the agency for any interference with the possession and use of
the real property resulting from the plan, provided that this section
shall not be construed as establishing or creating a presumption to
any right to damages or relief solely by reason of the failure of the
agency to acquire the property within the time set forth in this
section.
(b) No claim need be presented against a public entity under Part
3 (commencing with Section 900) of Division 3.6 of Title 1 of the
Government Code as a prerequisite to commencement or maintenance of
an action under subdivision (a), but any such action shall be
commenced within one year and six months after the expiration of the
18 months period.
(c) A public entity may commence an eminent domain proceeding or
designate the property to be exempt from eminent domain under the
plan at any time before the property owner commences an action under
this section. If the public entity commences an eminent domain
proceeding or designates the property to be exempt from acquisition
by eminent domain before the property owner commences an action under
this section, the property owner may not thereafter bring an action
under this section.
(d) After a property owner has commenced an action under this
section, the public entity may declare the property to be exempt from
acquisition by eminent domain and abandon the taking of the property
only under the same circumstances and subject to the same conditions
and consequences as abandonment of an eminent domain proceeding.
(e) Commencement of an action under this section does not affect
any authority a public entity may have to commence an eminent domain
proceeding, take possession of the property pursuant to Article 3
(commencing with Section 1255.410) of Chapter 6 of Title 7 of the
Code of Civil Procedure, or abandon the eminent domain proceeding.
(f) In lieu of bringing an action under subdivision (a) or if the
limitations period provided in subdivision (b) has run, the property
owner may obtain a writ of mandate to compel the public entity,
within such time as the court deems appropriate, to declare the
property acquisition exempt or to commence an eminent domain
proceeding to acquire the property.
(g) A declaration that property is exempt from acquisition by
eminent domain shall be by resolution and shall be recordable. It
shall exempt the property from eminent domain under the redevelopment
plan, and the redevelopment agency shall have no power of eminent
domain as to the property unless the redevelopment plan is thereafter
amended to expressly make the property subject to acquisition by
eminent domain.
(h) With respect to redevelopment projects for which a final
redevelopment plan has been adopted prior to January 1, 1977, the
three-year period provided for in subdivision (a) shall begin as of
January 1, 1977.