MARVIN MANDEL, Governor                                    425

BEFORE THE INITIATION OF NEGOTIATIONS FOR LAND, THE
PUBLIC AGENCY CONCERNED SHALL ESTABLISH AN AMOUNT WHICH
IT BELIEVES TO BE JUST COMPENSATION AND SHALL MAKE A
PROMPT OFFER TO ACQUIRE THE LAND FOR THE FULL AMOUNT SO
ESTABLISHED. THIS AMOUNT MAY NOT BE LESS THAN THE PUBLIC
AGENCY'S APPROVED APPRAISAL OF THE FAIR MARKET VALUE OF
THE LAND. THE PUBLIC AGENCY CONCERNED SHALL PROVIDE THE
OWNER OF THE LAND 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 LAND ACQUIRED AND FOR DAMAGES
TO REMAINING LAND SHALL BE STATED SEPARATELY.

(E)    PAYMENT AND DEPOSIT BEFORE SURRENDER OF
POSSESSION.

NO OWNER MAY BE REQUIRED TO SURRENDER POSSESSION OF
LAND 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 LAND, OR THE
AMOUNT OF THE AWARD OF COMPENSATION IN THE CONDEMNATION
PROCEEDING FOR THE LAND.

(F)   NOTICE PRIOR TO REQUIRING OWNER TO MOVE.

THE CONSTRUCTION OR DEVELOPMENT OF A PUBLIC
IMPROVEMENT SHALL BE SO SCHEDULED THAT, TO THE GREATEST
EXTENT FEASIBLE, NO PERSON LAWFULLY OCCUPYING LAND IS
REQUIRED TO MOVE FROM A DWELLING, ASSUMING A REPLACEMENT
DWELLING AS REQUIRED BY §§ 12-202 THROUGH 12-204 WILL BE
AVAILABLE, OR TO MOVE HIS BUSINESS OR FARM OPERATION,
WITHOUT AT LEAST 90 DAYS' WRITTEN NOTICE FROM THE PUBLIC
AGENCY CONCERNED, OF THE DATE BY WHICH THE MOVE IS
REQUIRED.

(G)   OCCUPANCY OF ACQUIRED LAND ON RENTAL BASIS.

IF THE PUBLIC AGENCY PERMITS AN OWNER OR TENANT TO
OCCUPY THE LAND 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 LAND TO A
SHORT-TERM OCCUPIER.

(H) COERCIVE ACTION TO COMPEL AGREEMENT ON PRICE.

THE PUBLIC AGENCY MAY NOT 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 LAND.