What is a Resolution of Necessity (RON)?
A resolution of necessity (RON) is a formal document that is adopted by the California Transportation Commission which provides Caltrans authority to proceed with a condemnation action in order to acquire privately owned property for public purposes.
Condemnation is the legal proceeding that exercises the authority of the eminent domain. According to the California Code of Civil Procedure, a public entity might not always begin an eminent domain proceeding until its governing body has adopted a necessity resolution that fulfills the demands of the article of the law.
The right-of-way required for the State Highway System is obtained at fair market value through acquisition. Caltrans may request a condemnation action from the California Transportation Commission under California Streets and Highway Code, Section 102, and under California Code of Civil Procedure, Section 1245.230, if Caltrans can not achieve an agreement with a property owner on the value or quantity of land to be obtained. A necessity resolution would authorize Caltrans to take condemnation action to obtain assets.
California Code of Civil Procedure: Section 1245.230
California law mentions four particular criteria that must be fulfilled by a government agency to adopt a necessity resolution. Section 1245.230 of the California Code of Civil Procedure says that a necessity resolution can only be implemented if:
- The project for which the property is to be purchased is deemed necessary;
- The estate is deemed necessary for the public interest;
- The project is situated where it will give the biggest public advantage at the least personal detriment;
- An offer has been made to buy the property.
The organization must also hold a government hearing to address the resolution of necessity and the suggested eminent domain action after meeting these four criteria.
The agency must notify the present owners of the property of the hearing and enable them to be heard at the hearing. Property owners can talk for themselves or ask a skilled eminent domain lawyer from California to talk for them.
A necessity resolution saying that the government agency needs the property is usually deemed to be conclusive proof of that need. Nevertheless, it may not be regarded as conclusive to resolve the requirement that is produced under conditions such as gross abuse of discretion, fraud, or corruption. Landowners in California who suspect one of these misdeeds need unique help from an experienced eminent domain attorney.
The Review Standard for Resolution of Necessity
Most eminent professionals of the domain can rapidly state the fundamental rule on results for a Necessity Resolution.
Under section 1245.250 of the Code of Civil Procedure, subdivision (a), the findings of public use by a public agency, and the need to establish those things in a conclusive manner. This means that the proprietor of the estate may not usually dispute this finding once the company concludes that the project is planned and placed in a position that is best compliant with the largest public good and least personal injury.
But there might be a twist that is rarely mentioned. If the findings of the agency are influenced or affected by gross discretionary abuse, it will not apply the conclusive presumption of section 1245.250, subdivision (a) (CCP 1245.225, subdivision b).
Are you in need of additional information involved with the resolution of necessity? Our legal team at KAASS Law is ready to answer any questions that you may have. You may get in touch with us by giving us a call at (310) 943-1171 or by filling out the form below.