Ch. 696                          MARVIN MANDEL, Governor                               1463

OPPORTUNITY TO ACCOMPANY THE APPRAISER DURING HIS
INSPECTION OF THE PROPERTY.

(3)    BEFORE THE INITIATION OF NEGOTIATIONS FOR REAL
PROPERTY, THE PUBLIC AGENCY CONCERNED SHALL ESTABLISH
AN AMOUNT WHICH IT BELIEVES TO BE JUST COMPENSATION
THEREFOR AND SHALL MAKE A PROMPT OFFER TO ACQUIRE THE
PROPERTY FOR THE FULL AMOUNT SO ESTABLISHED. IN NO
EVENT MAY THIS AMOUNT BE LESS THAN THE PUBLIC AGENCY'S
APPROVED APPRAISAL OF THE FAIR MARKET VALUE OF THE
PROPERTY. THE PUBLIC AGENCY CONCERNED SHALL PROVIDE
THE OWNER OF REAL PROPERTY TO BE ACQUIRED WITH A
WRITTEN STATEMENT OF, AND SUMMARY OF THE BASIS FOR, THE
AMOUNT IT ESTABLISHED AS JUST COMPENSATION. IF
APPROPRIATE THE JUST COMPENSATION FOR THE REAL
PROPERTY ACQUIRED AND FOR DAMAGES TO REMAINING REAL
PROPERTY SHALL BE SEPARATELY STATED.

(4)  NO OWNER MAY BE REQUIRED TO SURRENDER POSSESSION
OF REAL PROPERTY BEFORE THE PUBLIC AGENCY CONCERNED
PAYS THE AGREED PURCHASE PRICE, OR DEPOSITS WITH THE
COURT IN ACCORDANCE WITH APPLICABLE LAW, FOR THE
BENEFIT OF THE OWNER, AN AMOUNT NOT LESS THAN THE
PUBLIC AGENCY'S APPROVED APPRAISAL OF THE FAIR MARKET
VALUE OF THE PROPERTY, OR THE AMOUNT OF THE AWARD OF
COMPENSATION IN THE CONDEMNATION PROCEEDING FOR THE
PROPERTY.

(5)    THE CONSTRUCTION OR DEVELOPMENT OF A PUBLIC
IMPROVEMENT SHALL BE SO SCHEDULED THAT, TO THE
GREATEST EXTENT PRACTICABLE, NO PERSON LAWFULLY
OCCUPYING REAL PROPERTY IS REQUIRED TO MOVE FROM A
DWELLING (ASSUMING A REPLACEMENT DWELLING AS REQUIRED
BY SECTIONS 12-202 TO 12-204 WILL BE AVAILABLE), OR TO MOVE
HIS BUSINESS OR FARM OPERATION, WITHOUT AT LEAST NINETY
DAYS' WRITTEN NOTICE FROM THE PUBLIC AGENCY CONCERNED,
OF THE DATE BY WHICH THE MOVE IS REQUIRED.

(6)  IF THE PUBLIC AGENCY PERMITS AN OWNER OR TENANT TO
OCCUPY THE REAL PROPERTY ACQUIRED ON A RENTAL BASIS
FOR A SHORT TERM OR FOR A PERIOD SUBJECT TO TERMINATION
BY THE PUBLIC AGENCY ON SHORT NOTICE, THE AMOUNT OF
RENT REQUIRED MAY NOT EXCEED THE FAIR RENTAL VALUE OF
THE PROPERTY TO A SHORT-TERM OCCUPIER.

(7)  IN NO EVENT MAY THE PUBLIC AGENCY EITHER ADVANCE
THE TIME OF CONDEMNATION, DEFER NEGOTIATIONS OR
CONDEMNATION AND THE DEPOSIT OF FUNDS IN COURT FOR THE
USE OF THE OWNER, OR TAKE ANY OTHER ACTION COERCIVE IN
NATURE, IN ORDER TO COMPEL AN AGREEMENT ON THE PRICE TO
BE PAID FOR THE PROPERTY.

(8)  IF ANY INTEREST IN REAL PROPERTY IS TO BE ACQUIRED BY
EXERCISE OF THE POWER OF EMINENT DOMAIN, THE PUBLIC
AGENCY         CONCERNED         SHALL         INSTITUTE         FORMAL
CONDEMNATION PROCEEDINGS. NO PUBLIC AGENCY MAY
INTENTIONALLY MAKE IT NECESSARY FOR AN OWNER TO
INSTITUTE LEGAL PROCEEDINGS TO PROVE THE FACT OF THE