BILL NUMBER: SB 902	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2014

INTRODUCED BY   Senator Vidak
    (   Coauthors:   Senators   Fuller
  and Walters   ) 
    (  Coauthors:   Assembly Members  
Donnelly,   Gorell,   Harkey,   and Jones
  ) 

                        JANUARY 16, 2014

   An act to add Section 185036.3 to the Public Utilities Code,
relating to high-speed rail, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 902, as amended, Vidak. High-speed rail: eminent domain.
   (1) Existing law creates the High-Speed Rail Authority with
specified powers and duties relating to the development and
implementation of an intercity high-speed train system. Existing law
authorizes the authority to acquire rights-of-way through purchase or
eminent domain. Existing law sets forth the process for acquisition
of property by eminent domain, including a requirement for adoption
of a resolution of necessity. Before adopting a resolution of
necessity, existing law requires a public entity to determine the
fair market value of the property to be acquired and to offer that
amount to the owner of the property.
   This bill would prohibit the authority, or the State Public Works
Board acting on behalf of the authority, from adopting a resolution
of necessity to commence an eminent domain proceeding to acquire a
parcel of real property for the high-speed train system unless the
resolution identifies the sources of all funds to be invested in the
property, and the anticipated time of receipt of those funds, and
declares that the authority, or the board, has offered to purchase
the property at not less than the fair market value or the amount
necessary to discharge the liens against the property, as described,
whichever is greater. The bill would require the authority or the
board to be responsible for compliance with any environmental
protection laws or regulations that are applicable to the property it
acquires pursuant to eminent domain.
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 185036.3 is added to the Public Utilities Code,
to read:
   185036.3.  (a) The authority, or the State Public Works Board
acting on behalf of the authority,  may   shall
 not adopt a resolution of necessity to commence an eminent
domain proceeding under Article 2 (commencing with Section 1245.210)
of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure to
acquire a parcel of real property for the high-speed train system
unless the resolution includes, in addition to other requirements
imposed by law, both of the following:
   (1) Identification of the sources of all funds  that are 
to be invested in that property and the anticipated time of receipt
of those funds based on expected commitments, authorizations,
agreements, allocations, or other means.
   (2) (A) A declaration by the authority, or the State Public Works
Board, that it has (i) established an amount that it believes to be
just compensation for the property that is not less than the
authority's approved appraisal of the fair market value of the
property or the amount necessary to discharge the liens against the
property, whichever is greater, and (ii) made an offer to the owner
or owners of record to acquire the property for the full amount so
established, in the manner required under Section 7267.2 of the
Government Code.
   (B) For purposes of this paragraph, "liens against the property"
includes only those liens that secure the repayment of the purchase
price of, or the cost of improvements to, the property.
   (b) A resolution of necessity that fails to comply with the
requirements in subdivision (a) is invalid.
   (c) If the authority, or the State Public Works Board acting on
behalf of the authority, acquires any property pursuant to an eminent
domain proceeding, it shall be responsible for compliance with any
environmental protection laws or regulations that are applicable to
the property.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to make statutory changes necessary to permit the
High-Speed Rail Authority to acquire real property to be used for the
high-speed rail system, at the earliest possible time, it is
necessary that this act take effect immediately.