(3) A declaration that the governing body has found and determined each of the following:(A) The public interest and necessity require the proposed use. (3) Any acquisition by a public entity prior to the adoption of a resolution of necessity pursuant to this article for the property, but subsequent to a written notice that the public entity may take the property by eminent domain. Probably should be followed by a comma. (B) The proposed use is planned and located in the manner that will be most compatible with the greatest public good and least private injury. 1245.245. Year 1245 was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. (4) Posted the notice of the proposed sale in at least three public places within the city or county in which the property is located. (B) If the single-family residence is offered at a price that is less than fair market value, the public entity may verify the certifications of income in accordance with procedures used for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency. (c) In addition to any notice required by law, the notice required for a new or reauthorization resolution sought pursuant to subdivision (a) or (b) shall comply with (d) Judicial review of an action pursuant to subdivision (a) or (b) may be obtained by a person who had an interest in the property described in the resolution at the time that the property was acquired by the public entity, and shall be governed by (e) The following property acquisitions are subject to the requirements of this section:(1) Any acquisition by a public entity pursuant to eminent domain. The resolution shall contain all of the following:(1) A general statement of the new public use that is proposed for the property and a reference to the statute that would have authorized the public entity to acquire the property by eminent domain for that use. As used in this section, “(1) Mailed the notice of the proposed sale by certified mail, return receipt requested, to the last known address of the person from whom the property was acquired. Livre III : Des différentes manières dont on acquiert la … (2) A description of the general location and extent of the property proposed to be used for the public use, but not yet in use for the public use, with sufficient detail for reasonable identification. (a) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity adopted pursuant to this article shall only be used for the public use stated in the resolution unless the governing body of the public entity adopts a resolution authorizing a different use of the property by a vote of at least two-thirds of all members of the governing body of the public entity, or a greater vote as required by statute, charter, or ordinance. (2) Any acquisition by a public entity following adoption of a resolution of necessity pursuant to this article for the property. If a taxpayer disposes of more than 1 amortizable section 197 intangible (as defined in section 197(c)) in a transaction or a series of related transactions, all such amortizable 197 intangibles shall be treated as 1 section 1245 property for purposes of this section. (5) Posted the notice of the proposed sale on the property proposed to be sold.FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (2) Mailed the notice of the proposed sale by certified mail, return receipt requested, to each person with the same name as the person from whom the property was acquired at any other address on the last equalized assessment roll. Where an owner of real property seeks to acquire by eminent domain a temporary right of entry pursuant to Section 1002 of the Civil Code: (a) The person seeking to exercise the power of eminent domain shall be deemed to be a "quasi-public entity" for the purposes of this article. All rights reserved. (b) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity pursuant to this article, and is not used for the public use stated in the resolution of necessity within 10 years of the adoption of the resolution of necessity, shall be sold in accordance with the terms of subdivisions (f) (1) A general statement of the public use that is proposed to be reauthorized for the property and a reference to the statute that authorized the public entity to acquire the property by eminent domain for that use. (f) If the public entity fails to adopt either a new resolution pursuant to subdivision (a) or a reauthorization resolution pursuant to subdivision (b), as required by this section, and that property was not used for the public use stated in a resolution of necessity adopted pursuant to this article or a resolution adopted pursuant to subdivision (a) or (b) between the time of its acquisition and the time of the public entity's failure to adopt a resolution pursuant to subdivision (a) or (b), the public entity shall offer the person or persons from whom the property was acquired the right of first refusal to purchase the property pursuant to this section, as follows:(1) At the present market value, as determined by independent licensed appraisers. Vous êtes dans : Accueil > Les codes en vigueur > Code civil - Article 1245-6 Code civil - Article 1245-6 Masquer le panneau de navigation << Article précédent - Article suivant >> - Imprimer. Navigation. (i) Upon completion of any acquisition described in subdivision (e) or upon the adoption of a resolution of necessity pursuant to this section, whichever is later, the public entity shall give written notice to the person or persons from whom the property was acquired as described in subdivision (e) stating that the notice, right of first refusal, and return of financial gain rights discussed in this section may accrue. February 21 – Thomas (bishop of Finland) is granted resignation by Pope Innocent IV, after having confessed to torture and forgery. L’article 1240 du Code civil dispose que « tout fait quelconque de l’homme, qui cause à autrui un dommage, oblige celui par la faute duquel il est arrivé à le réparer ».Il s’agit du fondement de la responsabilité du fait personnel.