Right of Way and Land Surveys
The Commission has three significant responsibilities with regards to state transportation right of way activities.
1. Eminent Domain
The Commission exercises powers of eminent domain through the adoption of Resolutions of Necessity (RONs) for the acquisition of parcels of land necessary for a transportation project. This includes acquisitions contested by property owners and those that are uncontested by property owners;
- For contested RONs, the Commission holds a hearing where the property owner has the right to question if the public interest and necessity require the project, if the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury and if the property sought to be acquired is necessary for the project.
- For uncontested RONs, the Commission does not hold hearings because the property owners are not contesting the necessity of the project the only remaining issues relate to compensation over which the Commission has no jurisdiction. Only courts of law can deal with compensation issues and only after a RON is approved by the Commission first.
2. Sale of Excess State Property
The Commission by law has to approve the conveyance of excess State-owned property no longer necessary for transportation purposes.
3. Property Leases
The Commission approves the terms and conditions of all directly negotiated airspace leases of state-owned right of way to all private entities and public-agencies. The Commission has delegated to Caltrans the approval of airspace leases that are put out to public auction or bid.