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75D - PH - ACQUISITION 1922 AND 2002 W 5TH ST
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75D - PH - ACQUISITION 1922 AND 2002 W 5TH ST
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6/1/2017 5:19:06 PM
Creation date
6/1/2017 5:03:57 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
75D
Date
6/6/2017
Destruction Year
2022
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Subject to the rights of any other persons having an interest in the property, you may <br />withdraw all or part of the pre -Judgment deposit. If you do not make a withdrawal, OCTA <br />will pay interest on the eventual court award, or agreed settlement sum from the time it <br />legally occupied your property until the date of final payment to you. Interest will accrue <br />at the applicable statutory rate until paid at the time of final settlement. <br />OCTA's Acquisition Agent assigned to purchase your property will assist you in the <br />transaction and will be available to answer any additional questions you may have. <br />DEFINITIONS <br />The language used in relation to eminent domain proceedings may be new to you. These <br />are some terms you may hear and their general meaning. <br />Acquire -To purchase <br />Answer - The property owner's written reply, in appropriate legal form, filed with the <br />court in response to the eminent domain complaint and as requested bythe summons. <br />Complaint -The docum entfiled with the court by the Department which initiates an <br />eminent domain proceeding. <br />Condemnation - The legal process by which a proceeding in eminent domain is <br />accomplished. <br />Counsel - Anattorneyorattorneys. <br />Eminent Domain - The right of government to purchase private property for public use. <br />Fair Market value - The fair market value of the propertytaken is the highest price on <br />the date of valuation that would be agreed to by a seller, being willingto sell but under no <br />particular or urgent necessityfor so doing, nor obliged to sell, and a buyer, being ready, <br />willing and able to buy but under no particular necessity for so doing, each dealing with the <br />other with full knowledge of all the uses and purposes for which the property is reasonably <br />adaptable and available. <br />Final Order of Condemnation - The instrument which, when recorded, transfers title to <br />public ownership. <br />Judgment -The court's formal decision based on applicable law and the verdict. <br />Just Compensation - The measure of Just Compensation is Fair Market Value. <br />Loss of business goodwill - A loss in the value of a business caused by the OCTA's <br />acquisition of property that cannot be reasonably prevented by relocation of the business <br />1185095.1 <br />75D-90 <br />
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