California Department of Transportation

Resolutions of Necessity

State of California
Business, Transportation and Housing Agency
M e m o r a n d u m


Date :

File No.:

June 27, 1997

Subject: Resolution of Necessity Hearing Procedures

Procedures were issued in August 1989, and revised in February 1992, concerning use of Condemnation Review Panels to review the issues and make recommendations regarding Resolution of Necessity requests where property owners have asked to appear before the California Transportation Commission (CTC). A copy of those procedures is attached.

Those procedures call for the personal attendance of District Directors at the First Level Meeting wherever possible and, when that was not possible, District Directors should attend the Second Level Meeting.

In addition, a recent review of the existing process by the Project Management, Design and Local Programs and Right of Way Programs has concluded that the procedures should continue with two minor changes.

The changes are:

To require the Project Manager to personally attend both the First and Second Level Meetings and be responsible for the District presentations to the property owner and to the Condemnation Review Panel. We firmly believe that the Project Manager's attendance will further enhance the potential for resolution of property owner issues at these meetings and lessen the instances of hearings before the CTC.

To require the Single Focal Point and the Division Chief for Right of Way to personally attend the First Level Meeting in an attempt to resolve property owner issues at that time. The Single Focal Point's attendance will enhance the potential for resolution of property owner issues at this meeting.

The CTC appearance process is a very expensive and time consuming process and carries with it the potential for project delays. Our goal remains to resolve property owner issues at the earliest opportunity. We believe that adherence to the prescribed First Level and Second Level (where necessary) process will further reduce the number of hearings before the CTC.

Original signed by:

R. P. Weaver
Deputy Director
Project Development


This page last updated November 10, 2001