Notice of hearing on resolutions of necessity for acquisition of Apple Valley water system (October 30, 2015)

On behalf of the Town Council of the Town of Apple Valley and pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a special meeting to be held on Tuesday, November 17, 2015, at 5:30 p.m., at the Apple Valley Town Hall, Council Chambers, located at 14955 Dale Evans Parkway, Apple Valley, CA 92307, the Town Council of the Town of Apple Valley intends to consider adopting Resolutions of Necessity for the taking by eminent domain of Apple Valley Ranchos Water Company’s Apple Valley Water System (Apple Valley Water System), and authorizing the filing of a complaint to initiate an eminent domain action. The project for which the Resolutions of Necessity will be considered is for public ownership, operation and maintenance of the Apple Valley Water System to provide water service to the public.

At the hearing you have the right to appear and be heard on the following matters:

1. Whether the public interest and necessity require the project for which the property is sought to be acquired;
2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury;
3. Whether the property sought to be acquired and described in the Resolutions of Necessity is necessary for the project;
4. Whether the offer required by Section 7267.2 of the California Government Code has been made; and
5. Whether the public use for which the property sought to be acquired and described in the Resolutions of Necessity is a more necessary public use than the use to which the property is appropriated.

At the hearing, you may object to the adoption of the Resolutions of Necessity, including as to whether the conditions stated in California Code of Civil Procedure sections 1240.030 and 1240.610 have been met, and as to whether the offer required by California Government Code section 7267.2 has been provided to the owner or owners of record of the real property. The amount of compensation to be paid will not be an issue at the hearing.

Pursuant to California Code of Civil Procedure section 1245.235(b)(3), your failure to file a written request with the Town to appear and be heard on the proposed Resolutions of Necessity within 15 days from the date that this Notice is mailed may result in the waiver of your right to appear and be heard on the above-stated matters. A written request to appear and be heard may be filed as follows:

ALL COMMUNICATIONS SHOULD BE ADDRESSED TO:

Town Clerk
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307

DATE OF HEARING: Tuesday, November 17, 2015, 5:30 p.m.

PLACE OF HEARING: Council Chambers, 14955 Dale Evans Parkway, Apple Valley, CA 92307

DATED: October 30, 2015. TOWN OF APPLE VALLEY

By: LaVonda M. Pearson, Town Clerk