Garcia

Garcia v. Anthony

Good Law
1989 Cal. App. LEXIS 597·211 Cal. App. 3d 467·259 Cal. Rptr. 393
Court of Appeal of CaliforniaJune 12, 1989No. H004064California3,224 words

Opinion

Lead Opinion

Agliano, J.

Introduction

By enacting the Relocation Assistance Act, the Legislature has provided that a public entity which acquires real property for public use must supply relocation assistance to any person, business, or farm operation displaced as a result of the acquisition. (Gov. Code, § 7260 et seq.) 1 A “displaced” person includes one whose right of possession to real property arose after the date of the public entity’s acquisition of such property but who had no notice of the acquisition. (§ 7260, subd. (c)(1).) The act authorizes advisory assistance (§ 7261), moving expenses (§ 7262), cash payments to displaced dwelling owners (§ 7263), cash payments to certain lessees to assist them in obtaining comparable replacement housing (§ 7264), and “last resort housing” which the public entity is to itself provide where comparable replacement housing is otherwise unavailable (§ 7264.5).

Plaintiffs 2 appeal to resolve which relocation benefits they are eligible for. Originally, they were denied all assistance; on review, the California Relo *470 cation Appeals Board (Board) found plaintiffs were displaced persons and ordered moving expenses; on mandamus, the superior court ordered…

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