Right of Way Functions
- Acquisition
- Airspace & Telecommunications Licensing
- Appraisals
- Excess Lands - Property for Sale
- Land Surveys
- Local Programs
- Property Management
- Real Property Services
- Relocation Assistance Program
- Right of Way Certifications
- Right of Way Storm Water
- Utility Relocations
- Wireless Licensing Program
Acquisition
The Acquisition and Condemnation Section is responsible for purchasing the property rights necessary for constructing and maintaining the State's transportation system. A general overview of the acquisition process is provided to affected property owners in the booklet Your Property--Your Transportation Project.
On occasion, the Department takes possession of property before the property owner actually has the compensation in hand. This can occur through agreement with the property owner, or through a court process. In either case, the property owner is generally entitled to interest upon the final settlement. The interest paid and the process for calculating it is spelled out by statute and the Department is responsible for making the interest rates available to interested parties.
When the State and a property owner are unable to agree on the purchase of property the condemnation process is begun. Although the prospect of dealing with attorneys and courts may seem intimidating, condemnation is not intended as a coercive process. It simply means that the parties have not been able to come to an agreement. Negotiations can continue "right up to the courthouse steps". Ultimately, if no agreement is reached the court determines proper compensation.
The first step in the condemnation process is the securing of a Resolution of Necessity from the California Transportation Commission (CTC). The property owner is notified that the CTC will consider a Resolution at a future meeting. The Commission generally meets on a monthly basis. The only issues considered by the Commission in adopting a Resolution of Necessity are:
The public interest and necessity require the project.
The project is planned to provide the greatest public good with the least private injury.
This property is required for the proposed project.
An offer to purchase, in compliance with Government Code Section 7267.2, has been made to the owners of record.
The amount of compensation is specifically excluded from consideration in the adoption of a Resolution of Necessity. If a Resolution is passed, court proceedings can begin to consider the remaining issue of compensation. If the property owner wishes to contest any of the four issues considered by the Commission in a Resolution of Necessity, a request to appear should be sent in advance of the meeting to the CTC.
Please send comments or suggestions via e-mail to:
Don Grebe (don.grebe@dot.ca.gov)