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Resolutions of Necessity
State of California
||Business, Transportation and Housing Agency|
|M e m o r a n d u m|
March 17, 2000
DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
MAIL STATION 37
|Subject:||Resolutions of Necessity on Projects with Local and/or State Funding|
Resolution of Necessity Guidelines dated May 20, 1999, and attached as reference, are hereby amended to reflect recent changes to Section 760 of the Streets and Highways Code. These changes are the result of Assembly Bill 283, urgency legislation approved by the Governor on September 28, 1999, with the goal of accelerating project delivery.
For Local and STIP projects on the State Highway System, regardless of funding, Resolutions of Necessity may be heard by a County Board of Supervisors or the California Transportation Commission (CTC). These guidelines do not apply to the SHOPP. Resolutions of Necessity for SHOPP projects will continue to be heard by the CTC.
If Resolutions of Necessity are to be heard by a County Board of Supervisors, the conditions stated below must be met.
Prior to a County Board of Supervisors passing a Resolution of Necessity by a four-fifths vote of its members, the following actions must first have taken place:
Region/District Right of Way must seek, on a project by project basis, written approval to implement this policy from the Right of Way Program Manager. Approval considerations include timesaving, convenience for property owners, and/or local sensitivity to project. Additional considerations may be added as the Department gains experience with guideline implementation.
Upon approval, Region/District Right of Way will communicate in writing to the Local Public Agency (LPA), the Department's recommendation that Resolutions of Necessity may be heard by the County Board of Supervisors. In all cases where Right of Way activities are to be performed by Department's staff, or others, the requirement that all policies and procedures outlined in the Department's Right of Way Manual including the requirement for First and Second Level Review Hearings shall be a condition of the Department's recommendation.
- The LPA will then seek from the County Board of Supervisors, a resolution passed by a four-fifths vote of its membership, agreeing to hear Resolutions of Necessity. The board must have determined that the acquisition of the real property or interest, to be in the best interest of the Department, promotes the interest of the county, and to be necessary for State Highway purposes.
If the project in question requires a cooperative agreement, the agreement will contain language documenting the above. A copy of the resolution from the County Board of Supervisors is to be attached to the fully executed cooperative agreement.
If no cooperative agreement is required, the Department's written request and resolution from the County Board of Supervisors shall be maintained in the project file.
In all cases where any aspect of the project (Right of Way, Construction, etc.) is State funded, all policies and procedures outlined in the Department's Right of Way Manual apply.
Original signed by:
This page last updated January 24, 2003