2004-04-16-_Agenda - Laserfiche WebLink

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periods and other requisites, the HRA will receive title and possession completely independently of the hearing and determination of the amount of the award. However, the quick take process obligates the HRA to proceed with the acquisition after it takes title and it cannot back out of the proceedings or undo the conveyance if it is unhappy with the amount of the award. The following steps must take place in the following order: 1. Appraisal – the HRA obtains an appraisal of the property, reviews it and approves it for purposes of the quick take. This approval can be done any time prior to the deposit (see below). 2. Notice of Public Hearing – the HRA must notice and hold a public hearing before authorizing acquisition of the property by condemnation. (A public hearing is not required for condemnation by the City.) Notice must be published at least once in a newspaper of general circulation in the City not less than 10 days nor more than 30 days before the public hearing date. The HRA mails notice of the public hearing to Ms. Wu not less than 10 days before the hearing (failure to give this notice does not invalidate the acquisition, however). 3. Public Hearing – the HRA adopts a resolution authorizing acquisition of the property by condemnation. 4. Filing of Petition – a Petition in Condemnation is filed with the District Court and served on Ms. Wu which describes the land, states the purpose for the taking, lists owners and lienholders of record and requests the appointment of commissioners to determine the amount of the award. (These court-appointed commissioners are not to be confused with the Commissioners of the HRA. All references to “commissioners” in this memorandum refer to the court-appointed commissioners.) Other actions which must occur at the same time or shortly after the Petition is filed: Notice of Intent to Take Possession – in a quick-take proceeding, the HRA serves on Ms. Wu by certified mail a Notice of Intent to Take Possession. The Notice specifies the date on which possession is sought (the “quick-take date”), which must be at least 90 days after the date of the service of the Notice. The Notice can be served with the Petition. Notice of Pendency – a Notice of Lis Pendens is recorded with the registrar of titles (if Torrens property) or county recorder to put the public on notice that the property is being condemned. 5. Notice of Court Hearing – The HRA contacts the Court clerk to set a hearing date. The HRA serves notice of the hearing on Ms. Wu and any lienholders at least 20 days before the hearing. To simplify the pleadings, the HRA and the Court can set a hearing date before the Petition is filed so that the Notice of Court Hearing can be served with the Petition. The timeline which accompanies this memorandum assumes that this procedure will be followed. Page 2