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29 Cards in this Set
- Front
- Back
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What is Title VI? |
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. Ie. We can not discriminate against someone from a program or activity receiving federal funds |
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Donation vs dedication |
A donation of right of way must be initiated by property owner |
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A dedication is... |
...property set aside for public use through police power with no compensation |
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Who signs for interests the State needs to acquire for projects? (Deeds, contracts, right of entry, etc.) |
All parties holding a legal interest must sign |
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What is a Quitclaim deed? What does it do and who can use it? |
It clears a leasehold interest. A lessee can quitclaim their interest to the State or the lessor |
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Permits to enter are used for... |
...environmental/survey requests |
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Give examples of property rights to acquire and rights we do NOT acquire. |
We acquire few simple interest, easements, and access rights. We don’t acquire liquor licenses or royalties. |
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Expertise is... |
...a personal characteristic which demonstrates to a listener that an agent has had adequate training, experience, and possesses the ability to fully perform his his or her duties. |
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True or false? A grant deed is not required for all transactions. |
True |
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Just compensation is due to who? |
Any property owner where rights are required. |
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AB1322 amended Section 102(b) of the CA S&H Code requires what? |
The Department to provide a full copy of all appraisals it prepares to the property owner. |
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What is FWO? How many days after the FWO? Anything else the law says? |
First written offer. Need to give the owner 30 days to consider the FWO AND 3 personal calls. Exceptions must be in writing. |
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Steps to acquiring a property: |
Acquisition agent receives assignment form senior (file, appraisal, title report). Reviews appraisal and title report. Research, field review, talk to PE, verify documents, and maintain a diary. Make sure owner gets Title VI info. |
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Examples of documents an acquisition needs: |
Maps, title report, title VI brochure, plans, etc |
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True of false: acquisition agent cannot write special clauses. Why or why not? |
False. Agent can write a special clause but need prior approval from HQ and legal before delivering a contract with special clauses to a grantor. Also, must explain the reasoning in the MoS. |
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Acquisition agents role pertaining to RAP |
Acquisition agent often makes the initial presentation of relocation assistance to the owner while RAP gives the details to the tenants. |
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What must the acquisition agent give the RAP agent? Is there a time limit? |
Certificate of occupancy and receipt of relocation information within 24 hours. |
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The FWO must be: |
Based on an approved fair market value appraisal In writing (right of way contract) Based on approved appraisal within 30 days of appraisal approval |
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Can the same agent appraise and acquire the same property? |
Yes, if the acquisition is under $10k and noted in the diary |
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What is Lis Pendens? |
Greek for notice of pending action. Must be recorded with each county recorders office where property is located. |
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What does CTC stand for and what do they consider? |
They do not consider amount of compensation. They DO consider 1) public interest and necessity of the property to the project; 2) the project is planned in a manner that has the greatest public good and the least private injury; and 3) the property in question is necessary. |
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What must be done prior to sending the owner a notice of intent to adopt resolution of necessity? |
Acquisition agent must confirm market value with the appraisal branch. If the market changed, an updated appraisal and offer need to be made. |
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The initiation of the condemnation process starts with this. |
What is the Notice of Intent to adopt resolution of necessity? It informs the grantor of their right to appear before the CTC |
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What happens when a grantor requests a CTC appearance? |
It triggers 2 levels of review. 1st level - district condemnation evaluation meeting conducted IN THE REGION OR DISTRICT |
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The CTC consists of these people, for this length of time. |
11 members appointed by the governor for 4-year terms 2 nonvoting members, one from state senate and one from state assembly |
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What must the acquisition agent verify prior to the condemnation proceedings? |
Offer of just compensation is made Owner has all their questions answered Owner had reasonable time to consider the offer |
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What laws states the owner must receive just compensation for their property? |
The fifth and fourteenth amendment to the US constitution. Article I of the California constitution. |
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Right of way is mandated to negotiate with these people only. |
The grantor or their designated representative (lawyer). Anyone else must have owners written authority to communicate. |
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Condemnation is... |
The legal process by which the state exercises the power of eminent domain. This means due process and just compensation. |
