Resolution of Necessity
California landowners who are facing an eminent domain situation may need the help of a California eminent domain attorney from Peterson Law Group to help them understand the complex and often challenging process. This includes understanding a document never seen outside an eminent domain case: a resolution of necessity.
A resolution of necessity is the formal decision by a government, via one of its agencies, to use eminent domain in order to acquire a property. The agency must adopt a resolution of necessity prior to bringing an eminent domain action in court.
California Code of Civil Procedure, Section 1245.230
California law lists four specific requirements that a government agency must meet in order to adopt a resolution of necessity. The California Code of Civil Procedure, section 1245.230, states that a resolution of necessity may only be adopted if:
- The project for which the property is to be acquired is deemed necessary
- The property is considered necessary for the interest of the public
- The project is located where it will offer the greatest public benefit with the least private detriment
- An offer to purchase the property has been made
Once the agency has met these four requirements, it must also hold a public hearing to discuss the resolution of necessity and the proposed eminent domain action. The agency must give notice of the hearing to the property's current owners and allow them an opportunity to be heard at the hearing. The property owners may speak on their own behalf, or they may ask a qualified California eminent domain attorney to speak for them.
Usually, a resolution of necessity stating that the government agency needs the property is considered conclusive evidence of that need. However, a resolution of necessity that is created under circumstances such as gross abuse of discretion, fraud, or bribery may not be considered conclusive. California landowners who suspect one of these misdeeds are in special need of an experienced eminent domain attorney's assistance.
Professional Ability and Understanding
A resolution of necessity must meet all the criteria required by California law. The eminent domain attorneys at Peterson Law Group can help property owners determine whether a resolution of necessity meets the requirements and help them protect their ownership rights and prevent the taking of their property by eminent domain if it does not. Our attorneys have represented both business and individual landowners in eminent domain cases before both state agencies and courts. At Peterson Law Group, we provide practical courtroom experience and real courtroom results.
Call Peterson Law Group in Los Angeles or Orange County Today
While the legal team at Peterson Law Group believes that any landowner or occupant of property subject to an eminent domain condemnation deserves the benefits of experienced and competent counsel, we choose the cases we will represent with care. We believe this careful selection enables us provide the best possible legal guidance and strive for the results they deserve.
As an AV Rated law firm recognized for its many years of experience and achievement of professional excellence, Peterson Law Group has represented property owners ranging from large corporations to individuals in eminent domain proceedings. We have represented our clients before multiple California public agencies. If you're facing an eminent domain situation, contact us for your case.