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02 Jade Properties - Notice to Inspection 08-16-18 Caltrans District: 08 - Riverside City Project No.: 2015-03 Notice of Decision to Inspect August 16, 2018 Jade Properties, LLC c/o Robert D. Grunder P.O. Box 242523 Anchorage, AK 99524-2523 Regarding: La Quinta Village Complete Streets- A Road Diet Project Notice of Decision to Inspect Assessor Parcel: 770-020-036 Dear Mr. Grunder: The City of La Quinta (herein the “City”) is considering the construction of the La Quinta Village Complete Streets- A Road Diet Project in the La Quinta Village area of the city. This is a public project which may require the purchase of certain interests in a portion of your real property at 78130 Calle Tampico, La Quinta CA, known by APN 770-020-036, for street improvement purposes. The property interests that the City is considering purchase of are described in the attached Exhibits “A” and “B”, legal description and plat. No decision has yet been made by the City to acquire the interests in your property. Before that decision can be made, the law provides that the property first be valued. The City has contracted with the firm of Overland, Pacific & Cutler, LLC (OPC) to implement the right of way portion of this project. As part of the valuation process, it will be necessary to perform an inspection of your property to aid in the determination of just compensation. OPC plans to start inspecting the required properties in the near future. You or your representative may accompany the OPC representative on this inspection. If you would like to schedule an appointment for the inspection of your property, please call the undersigned 760-776-1238 to arrange an appointment. We have enclosed an informative brochure, "Your Property Your Transportation Project", which will provide you with answers to questions owners frequently ask concerning land acquisition procedures. All services and/or benefits to be derived from any right of way activity will be administered without regard to race, color, national origin, or sex, in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.) and Section 162(a) of the Federal Highway Act of 1973 (23 U.S.C. 324). Enclosed for your information are a copy of Title VI Statutes and Regulations, a copy of the Title VI Complaint Process, and booklet entitled “Caltrans and You”, which discusses this requirement. This notice does not constitute an offer to purchase your property, nor does it establish eligibility of the owner and/or any other occupant for relocation assistance or relocation payments. Upon completion of the inspection, a City representative will contact you to discuss the acquisition of the property interests in detail. Very truly yours, John M. Cutler Right of Way Sr. Project Manager 760-776-1238 Enclosures Exhibits “A” and “B” – Legal Description and Parcel Map Title VI package, “Caltrans and You” “Your Property Your Transportation Project” LA QUINTA VILLAGE COMPLETE STREETS- A ROAD DIET PROJECT TITLE VI PACKAGE The project proposed by the City of La Quinta will be receiving federal financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following documents:  Title VI Booklet  Title VI of the 1964 Civil Rights Act and Related Statutes  The U.S. Department of Commerce of the Census, Language Identification Flashcard  Right of Way Title VI Survey Form with Self-Addressed Stamped Envelope  Right of Way Title VI Discrimination Complaint Form It is requested the Right of Way Title VI Survey form be completed and returned in the self-addressed stamped envelope. If you read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box on the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: John Cutler Right of Way Manager Overland, Pacific & Cutler, LLC 2280 Market Street, Suite 200 Riverside, CA 92501 Jan 2017 Your Rights Under Title VI and Related Statutes This brochure is designed to inform you of the requirements of Title VI of the Civil Rights Act of 1964 and your rights under those requirements. Caltrans& You District 1 Equal Employment Opportunity (EEO) Office 1656 Union Street Eureka, CA 95501 (707) 445-5318 District 2 EEO Office 1657 Riverside Drive Redding, CA 96001 (530) 225-3055 District 3 EEO Office 703 B Street Marysville, CA 95901 (530) 741-7130 District 4 EEO Office P.O. Box 23660, MS 6A Oakland, CA 94623 (510) 286-5871 District 5 EEO Office 50 Higuera Street San Luis Obispo, CA 93401 (805) 549-3037 District 6 EEO Office 1352 West Olive Avenue Fresno, CA 93728 (559) 444-2522 District 7 EEO Office 100 S. Main Street Los Angeles, CA 90012 (213) 897-0797 District 8 EEO Office 464 West 4th Street, MS 1249 San Bernardino, CA 92401 (909) 383-6396 District 9 EEO Office 500 S. Main Street Bishop, CA 93514 (760) 872-0752 District 10 EEO Office 1976 East Dr. Martin Luther King Jr. Blvd. Stockton, CA 95205 (209) 948-3911 District 11 EEO Office 4050 Taylor Street, MS 251 San Diego, CA 92110 (619) 688-4249 District 12 EEO Office 1750 East 4th Street, Suite 100 Santa Ana, CA 92705 (657) 328-6595 This publication will be made available in alternative formats: Braille Large print Computer disc Audio version or in a different language upon request by calling the Caltrans Office of Business & Economic Opportunity (916) 324-8379 711 (TTY) Headquarters Title VI Coordinator 1823 14th Street, MS 79 Sacramento, CA 95811 (916) 324-8379 What does this mean? That Caltrans strives to ensure that access to and use of all programs, services, or benefits derived from any Caltrans activity will be administered without regard to race, color, national origin, sex, age, disability or socioeconomic status. Caltrans will not tolerate discrimination by a Caltrans employee or recipients of federal funds such as cities, counties, contractors, consultants, suppliers, universities, colleges, planning agencies, and any other recipients of federal-aid highway funds. Caltrans prohibits all discriminatory practices, which may result in: • Denial to any individual of any service, financial aid, or benefit provided under the program to which he or she may be otherwise entitled; • Different standards or requirements for participation; • Segregation or separate treatment in any part of the program; • Distinctions in quality, quantity, or manner in which the benefit is provided; • Discrimination in any activities conducted in a facility built in whole or part with federal funds. To ensure compliance with Title VI, related statutes, and the Presidential Executive Order on Environmental Justice, Caltrans will: • Avoid or reduce harmful human health and environmental effects on minority and low-income populations; • Ensure the full and fair participation by all communities including low-income and minority populations in the transportation decision-making process; • Prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations. Additionally, any recipient, including, but not limited to, Metropolitan Planning Organizations and cities and counties, who receive federal financial aid bears a responsibility to administer its program and activities without regard to race, color, national origin, sex, age, disability, or socioeconomic status. Benefits and Services Caltrans’ mission is to provide the people of California with a safe, efficient, and effective inter-modal transportation system. All of the work Caltrans performs is intended to assist the transportation needs of all the people of California regardless of race, color, national origin, sex, age, disability, or socioeconomic status. Are your rights being violated? If you believe that you have been discriminated against because of your race, color, national origin, sex, age, or disability, you may file a written complaint with the Caltrans Equal Employment Opportunity (EEO) Office. District EEO offices are located statewide. The addresses and telephone numbers are located on the back of this brochure. Title VI complaints are forwarded to Sacramento for investigation by the Caltrans Office of Business & Economic Opportunity Title VI Program. Who bears the responsibility to Title VI? All of Caltrans employees and its functional programs.The Caltrans Office of Business & Economic Opportunity Title VI Program provides continuous leadership, guidance, and technical assistance to ensure ongoing compliance with Title VI and the Executive Order on Environmental Justice. What is Title VI? Title VI is a statute provision of the Civil Rights Act of 1964. Title VI (Sec. 601) of the Civil Rights Act of 1964 provides: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (42 U.S.C. Sec. 2000d) Additionally, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations 1994 provides: “Each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.” Related statutes provide protection against discrimination on the basis of sex, age, or disability by programs receiving federal financial assistance. TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page 1 of 2 NONDISCRIMINATION STATUTES  Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL-AID RECIPIENT’S PROGRAMS OR ACTIVITIES)  The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: “No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (PROHIBITS DISCRIMINATION BASED ON AGE)  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides: “For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance.” (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL-AID PROGRAMS AND PROJECTS)  The Federal-aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary’s authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance.  The 1973 Federal-aid Highway Act, 23 U.S.C. 324, provides: “No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title.” (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX)  The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION-WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL-AID RECIPIENTS, SUB-RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT)  The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: “For fair, uniform, and equitable treatment of all affected persons; …(and) minimizing the adverse impact of displacement…(to maintain)…the economic and social well-being of communities; and…to establish a lead agency and allow for State certification and implementation.” (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page 2 of 2  The Americans with Disabilities Act, P.L. 101-336, provides: “No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government.” (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES)  The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: “(b) For the purposes of this section, the term ‘make and enforce contracts’ includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law.”  Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: “(I) It shall be unlawful…to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin.” (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING – HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right-of-Way)  The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the “no-build” alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal-aid project development.  Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances.  Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: “(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.” (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal-Aid Highway Program FHWA Publication No. FHWA-HCR-06-006 DB-3309 U.S.DEPARTMENT OF COMMERCE Economics and Statistics Administration U.S.CENSUS BUREAU LANGUAGE IDENTIFICATION FLASHCARD 1. Arabic 2. Armenian 3. Bengali 4. Cambodian 5. Chamorro 6. Simplified Chinese 7. T raditional Chinese 8.Croatian 9. Czech 10. D utch 11. English 12. Farsi Mark this box if you read or speak English. 2010 Motka i kahhon ya yangin ûntûngnu' manaitai pat ûntûngnu' kumentos Chamorro. QUmbJÇak'kñ¨g®b/b'enH ebI/ñk/an …niXaXPasa e‡oµe . Kruis dit vakje aan als u Nederlands kunt lezen of spreken. Zaškrtněte tuto kolonku, pokud čtete a hovoříte česky. Označite ovaj kvadratić ako čitate ili govorite hrvatski jezik. 2004 Census Test .á«Hô©dG çóëàJ hCG CGô≤J âæc GPEG ™HôŸG Gòg ‘ áeÓY ™°V DB-3309 U.S.DEPARTMENT OF COMMERCE Economics and Statistics Administration U.S.CENSUS BUREAU 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian 25. Polish 13. FrenchCocher ici si vous lisez ou parlez le français. Kreuzen Sie dieses Kästchen an, wenn Sie Deutsch lesen oder sprechen. Make kazye sa a si ou li oswa ou pale kreyòl ayisyen. Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. Marchi questa casella se legge o parla italiano. Jelölje meg ezt a kockát, ha megérti vagy beszéli a magyar nyelvet. Kos lub voj no yog koj paub twm thiab hais lus Hmoob. Prosimy o zaznaczenie tego kwadratu, jeżeli posługuje się Pan/Pani językiem polskim. DB-3309 U.S.DEPARTMENT OF COMMERCE Economics and Statistics Administration U.S.CENSUS BUREAU 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32. Tagalog 33. Thai 34. Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38. Yiddish 26. PortugueseAssinale este quadrado se você lê ou fala português. Označte tento štvorček, ak viete čítať alebo hovoriť po slovensky. Markahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. Marque esta casilla si lee o habla español. ометьте этот квадратик, если вы читаете или говорите по-русски. Maaka 'i he puha ni kapau 'oku ke lau pe lea fakatonga. ідмітьте цю клітинку, якщо ви читаєте або говорите українською мовою. Xin ñaùnh daáu vaøo oâ naøy neáu quyù vò bieát ñoïc vaø noùi ñöôïc Vieät Ngöõ. TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798 , et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. 08 Riverside N/A N/A Dist Co Rte Post Name of Complainant Home Phone Work Phone Mailing Address BASIS OF DISCRIMINATION RACE COLOR NATIONAL ORIGIN SEX DISABILITY LOW-INCOME NON-ENGLISH SPEAKER Provide date(s) and place of alleged discrimination Describe the nature of the action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (if Known) responsible for the action, decision or condition of alleged discrimination Provide supporting information known to complainant in support of his/her allegation Identify possible witnesses whom the complainant believes can provide factual information about this allegation State the action requested by complainant Signature of Complainant Date Filed NOTE: The use of the Title VI Discrimination Complaint form is not mandatory. You may submit your complaint in any form that contains your signature TITLE VI SURVEY PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: ☐ Male ☐ Female Age: ☐ Under 40 ☐ 41-65 ☐ Over 65 Race/Ethnicity: ☐ White ☐ American Tribe ☐ Black ☐ Pacific Islander ☐ Hispanic ☐ Other __________________________________ ☐ Asian Specify: ___________________________________ Language spoken, if other than English: ____________________________________________________________ Are you or any member of your household suffering any physical disability or medical condition? ☐ Yes ☐ No Are you a low-income family? ☐ Yes ☐ No Enclosure Your Property Your Transportation Project 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 you be paid for your property? Who will pay your moving costs? Will the State Department of Transportation (Department) 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. Consideration 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 California Department of Transportation 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 2 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 needed for the project. 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. A relocation impact analysis will be completed before the Department requires anyone to move from their property. 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 provide 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 Department’s right of way needs. They are also authorized by law to enter real property to perform such tasks. It is the Department’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 a Right of Way Agent performing the staff 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 Department to ensure that you receive fair market value as if you sold your property privately in the open market. The Department 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 Department’s offer is based. 3 At the time the offer is made to purchase your property, you may obtain your own appraisal and the Department 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 this reimbursement at the time of the offer. WHAT ADVANTAGE IS THERE IN SELLING YOUR PROPERTY TO THE DEPARTMENT? A real estate purchase by the Department of Transportation is handled in the same way as any private sale of property. However, there can be financial advantages in selling to the Department. The Department will pay fair market value for your property. The Department will also pay for the preparation of all documents, all title and escrow fees, a policy of title insurance, recording fees and such other fees as may be required for the conveyance of title to the Department. Since this is a direct conveyance of real property from the property owner to the Department, there are no real estate commissions involved, and the Department 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 Department. 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 Department’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 Department will be for the property the Department 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. 4 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 Department 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 DEPARTMENT MAKES ITS PURCHASE? The Department 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 Department, 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 Department and rent back temporarily pending construction. The Department also offers to provide you with assistance in finding a new place in which to live. The Department will give you at least 90 days notice in writing before you are required to move. 5 WHAT HAPPENS TO THE LOAN ON MY PROPERTY? After you and the Department have agreed upon a price, a Right of Way Agent and/or a 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. 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 DEPARTMENT? 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. 6 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 DEPARTMENT’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 Department cannot agree on the terms of sale, the Department may resort to the eminent domain process to avoid delaying the project, and will ultimately initiate condemnation proceedings. The Department will request authority from the California Transportation Commission (Commission) to file a condemnation action in court. You will be given an opportunity to appear before the Commission to question whether public interest, necessity, planning and location require the proposed project and your property. The Commission does not hear arguments regarding valuation or just compensation. Condemnation lawsuit documents are prepared by the Department 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 Department 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 Department 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. 7 WHO PAYS THE CONDEMNATION TRIAL COSTS? The Department 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 Department’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. IF I 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 attorney 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 Department of Transportation. 8 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 Department will seek a court order for early possession of your property. In this regard the Department 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 Department an order for early possession allowing the Department to use the property for construction of the project. To obtain an Order for Possession, the Department 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 Department may obtain possession of the property 30 days after the owner and any occupants are served with the Order. Subject to the rights of any other persons having an interest in the property, you may withdraw all or part of the pre-Judgement deposit. If you do not make a withdrawal, the Department 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 Department’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. 9 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 Department which initiates an eminent domain proceeding. Condemnation - The legal process by which a proceeding in eminent domain is accomplished. Counsel - An attorney or attorneys. Department - The State of California acting through the Department of Transportation. 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 Department’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. 10 Plaintiff - The public agency that desires to purchase the property. Possession - Legal control; to have the right to use. 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 Department which allows the Department 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. 11                                     STATE OF CALIFORNIA BBBBUUUUSSSSIIIINNNNEEEESSSSSSSS,,,, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DIVISION OF RIGHT OF WAY AND LAND SURVEYS JULY 2008 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. ADA Notice For individuals with disabilities, this document is available in alternate formats. For information contact: Division of Right of Way and Land Surveys (916) 654-5896 CRS: (800) 735-2929 or write: 1120 N Street, MS 37 Sacramento, CA 95814 12