Each year a number of property owners request to appear before the California Transportation Commission (Commission) to challenge the Department's Resolution of Necessity (RON) that will authorize acquisition of their property by eminent domain. At the Commission meeting, should the property owner bring up issues or alternatives that the Department has not adequately considered during the project development process or during preparations for the RON, doubt may be cast on the need for the proposed property acquisitions and projects may be unnecessarily delayed. Consequently, when the RON involves the appearance of the property owner before the Commission, the Department’s management must thoroughly weigh and explore the issues so the Department's positions are fully justified.
Under the eminent domain law, a property owner whose property is to be considered for a RON has the right to appear before the Commission to contest the resolution on any of the following grounds (Code of Civil Procedure Sections 1245.030, 1245.230 & 1245.235):
- Does public interest and necessity require the proposed project?
- Is the proposed project planned or located in the manner that will be most compatible with the greatest public good and the least private injury?
- Is the property sought to be condemned necessary for the proposed project?
In addition, an offer to purchase in accordance with Government Code 7267.2 must have been made to the owner of record.
Right Of Way (ROW) Manual