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California Code of Civil Procedure Section 1245.245

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1245.245

1245.245.  (a) Property acquired by a public entity by any means set
forth in subdivision (e) that is subject to a resolution of
necessity adopted pursuant to this article shall only be used for the
public use stated in the resolution unless the governing body of the
public entity adopts a resolution authorizing a different use of the
property by a vote of at least two-thirds of all members of the
governing body of the public entity, or a greater vote as required by
statute, charter, or ordinance. The resolution shall contain all of
the following:
   (1) A general statement of the new public use that is proposed for
the property and a reference to the statute that would have
authorized the public entity to acquire the property by eminent
domain for that use.
   (2) A description of the general location and extent of the
property proposed to be used for the new use, with sufficient detail
for reasonable identification.
   (3) A declaration that the governing body has found and determined
each of the following:
   (A) The public interest and necessity require the proposed use.
   (B) The proposed use is planned and located in the manner that
will be most compatible with the greatest public good and least
private injury.
   (C) The property described in the resolution is necessary for the
proposed use.
   (b) Property acquired by a public entity by any means set forth in
subdivision (e) that is subject to a resolution of necessity
pursuant to this article, and is not used for the public use stated
in the resolution of necessity within 10 years of the adoption of the
resolution of necessity, shall be sold in accordance with the terms
of subdivisions (f) and (g), unless the governing body adopts a
resolution according to the terms of subdivision (a) or a resolution
according to the terms of this subdivision reauthorizing the existing
stated public use of the property by a vote of at least two-thirds
of all members of the governing body of the public entity or a
greater vote as required by statute, charter, or ordinance. A
reauthorization resolution under this subdivision shall contain all
of the following:
   (1) A general statement of the public use that is proposed to be
reauthorized for the property and a reference to the statute that
authorized the public entity to acquire the property by eminent
domain for that use.
   (2) A description of the general location and extent of the
property proposed to be used for the public use, but not yet in use
for the public use, with sufficient detail for reasonable
identification.
   (3) A declaration that the governing body has found and determined
each of the following:
   (A) The public interest and necessity require the proposed use.
   (B) The proposed use is planned and located in the manner that
will be most compatible with the greatest public good and least
private injury.
   (C) The property described in the resolution is necessary for the
proposed use.
   (c) In addition to any notice required by law, the notice required
for a new or reauthorization resolution sought pursuant to
subdivision (a) or (b) shall comply with Section 1245.235 and shall
be sent to each person who was given notice required by Section
1245.235 in connection with the original acquisition of the property
by the public entity.
   (d) Judicial review of an action pursuant to subdivision (a) or
(b) may be obtained by a person who had an interest in the property
described in the resolution at the time that the property was
acquired by the public entity, and shall be governed by Section 1085.
   (e) The following property acquisitions are subject to the
requirements of this section:
   (1) Any acquisition by a public entity pursuant to eminent domain.
   (2) Any acquisition by a public entity following adoption of a
resolution of necessity pursuant to this article for the property.
   (3) Any acquisition by a public entity prior to the adoption of a
resolution of necessity pursuant to this article for the property,
but subsequent to a written notice that the public entity may take
the property by eminent domain.
   (f) If the public entity fails to adopt either a new resolution
pursuant to subdivision (a) or a reauthorization resolution pursuant
to subdivision (b), as required by this section, and that property
was not used for the public use stated in a resolution of necessity
adopted pursuant to this article or a resolution adopted pursuant to
subdivision (a) or (b) between the time of its acquisition and the
time of the public entity's failure to adopt a resolution pursuant to
subdivision (a) or (b), the public entity shall offer the person or
persons from whom the property was acquired the right of first
refusal to purchase the property pursuant to this section, as
follows:
   (1) At the present market value, as determined by independent
licensed appraisers.
   (2) For property that was a single-family residence at the time of
acquisition, at an affordable price, which price shall not be
greater than the price paid by the agency for the original
acquisition, adjusted for inflation, and shall not be greater than
fair market value, if the following requirements are met:
   (A) The person or persons from whom the property was acquired
certify their income to the public entity as persons or families of
low or moderate income.
   (B) If the single-family residence is offered at a price that is
less than fair market value, the public entity may verify the
certifications of income in accordance with procedures used for
verification of incomes of purchasers and occupants of housing
financed by the California Housing Finance Agency.
   (C) If the single-family residence is offered at a price that is
less than fair market value, the public entity shall impose terms,
conditions, and restrictions to ensure that the residence will
either:
   (i) Remain owner-occupied by the person or persons from whom the
property was acquired for at least five years.
   (ii) Remain available to persons or families of low or moderate
income and households with incomes no greater than the incomes of the
present occupants in proportion to the area median income for the
longest feasible time, but for not less than 55 years for rental
units and 45 years for home ownership units.
   (D) The Department of Housing and Community Development shall
provide to the public entity recommendations of standards and
criteria for those prices, terms, conditions, and restrictions.
   (g) If after a diligent effort the public entity is unable to
locate the person from whom the property was acquired, if the person
from whom the property was acquired does not choose to purchase the
property as provided in subdivision (f), or if the public entity
fails to adopt a resolution as required pursuant to subdivision (a)
or (b) but is not required to offer a right of first refusal pursuant
to subdivision (f), the public entity shall sell the property as
surplus property pursuant to Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code.
   (h) If residential property acquired by a public entity by any
means set forth in subdivision (e) is sold as surplus property
pursuant to subdivision (g), and that property was not used for the
public use stated in a resolution of necessity adopted pursuant to
this article or a resolution adopted pursuant to subdivision (a) or
(b) between the time of its acquisition and the time of its sale as
surplus property, the public entity shall pay to the person or
persons from whom the public entity acquired the property the sum of
any financial gain between the original acquisition price, adjusted
for inflation, and the final sale price.
   (i) Upon completion of any acquisition described in subdivision
(e) or upon the adoption of a resolution of necessity pursuant to
this section, whichever is later, the public entity shall give
written notice to the person or persons from whom the property was
acquired as described in subdivision (e) stating that the notice,
right of first refusal, and return of financial gain rights discussed
in this section may accrue.
   (j) At least 60 days before selling the property pursuant to
subdivision (g), the public entity shall make a diligent effort to
locate the person from whom the property was acquired. At any time
before the proposed sale, the person from whom the property was
acquired may exercise the rights provided by this section. As used in
this section, "diligent effort" means that the public entity has
done all of the following:
   (1) Mailed the notice of the proposed sale by certified mail,
return receipt requested, to the last known address of the person
from whom the property was acquired.
   (2) Mailed the notice of the proposed sale by certified mail,
return receipt requested, to each person with the same name as the
person from whom the property was acquired at any other address on
the last equalized assessment roll.
   (3) Published the notice of the proposed sale pursuant to Section
6061 of the Government Code in at least one newspaper of general
circulation within the city or county in which the property is
located.
   (4) Posted the notice of the proposed sale in at least three
public places within the city or county in which the property is
located.
   (5) Posted the notice of the proposed sale on the property
proposed to be sold.
   (k) For purposes of this section, "adjusted for inflation" means
the original acquisition price increased to reflect the proportional
increase in the Consumer Price Index for all items for the State of
California, as determined by the United States Bureau of Labor
Statistics, for the period from the date of acquisition to the date
the property is offered for sale.

Last modified: February 22, 2013