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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)

Citation
Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978) (2)
Parent Document
Cavanaugh v. State of California, 85 Cal. App. 3d 354 (1978)
Jurisdiction
California (state)
Effective Date
1978-10-06

Other Sections in This Document (69)

Full Text

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(2) Plaintiffs argue that the requirement of "relocation advisory service assistance by the public entity" specified in section 7261 is analogous to an environmental impact report as required by the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21050 et seq.). By their brief they argue, "Just as the environmental impact report is designed to determine the net environmental impact of a public project, the `adequate assurances' requirement is designed to analyze the net impact of a public program on a community's housing stock." (Italics in original.) Plaintiffs obviously misconstrue the express language utilized in section 7261. That section is directed specifically to persons, not projects. Section 7261 is not couched in equivocal terms; it directs that the public entity provide advisory assistance to persons displaced because of the public acquisition of real property. The advisory assistance required includes, (1) a determination of the need, if any, for relocation assistance; (2) supplying current and continuing information on the availability and prices of comparable, decent, safe, and sanitary housing for such displaced persons; (3) assurance that within a reasonable period of time prior to displacement there will be available, in areas not generally less desirable and at rents or prices within the financial means of the displaced persons, decent and safe dwellings; and (4) to furnish information concerning federal and state housing programs, loan programs, or other assistance available to the displaced person, and any other advisory services designed to minimize hardships to those forced from their habitat by reason of the acquisition of the property by the public entity. It is not to be inferred from the unequivocal language of that statute that the public entity must go further than expressly required and determine postacquisition whether carrying out a public project will have a negative public impact on the available housing stock within the community.