§ 6198. Nonpossessory Interest Exception.

The provisions of 6182(b), (c), (d)(4), and (f) and 6188 shall not apply to the acquisition of any easement, right-of-way, covenant or other nonpossessory interest in real property to be acquired for the construction, reconstruction, alteration, enlargement, maintenance, renewal, repair or replacement of sub-surface sewers, waterlines or appurtenance, drains, septic tanks, or storm water drains.

Attachment A Minimum Contents of Informational Statement(s)

	For Distribution
	To
		Business
	Displaced	Concerns
Item To Be Included	Persons	and Others
1. General description of the nature and types of activities that will be undertaken, including an identification of areas which may involve displacement. A diagrammatic sketch of the project area should be attached.	x	x
2. Statement that public action may result in displacement but that no one lawfully occupying property will be required to surrender possession with out at least 90 days' written notice from the public entity and no one will be required to move until 90 days after the provision of information.	x	x
3. Assurance that families and individuals will not be required to move before reasonable offers of decent, safe, sanitary and otherwise comparable housing within their financial means have been made, except for the causes set forth in the local agency's eviction policy (which shall be in accordance with section 6058.)	x
4. General description of types of relocation payments available, including general eligibility criteria and a caution against premature moves that might result in loss of eligibility for a payment.	x	x
5. Identification of the agency's relocation program and a description of the relocation services and aids that will be available.	x	x
6. Encouragement to visit the agency's relocation office and cooperate with the staff. The address, telephone number, and hours of the relocation office should be specified.	x	x
7. Information on replacement housing, including:
a. Brief description of what constitutes comparable replacement housing, including physical standards.	x
b. Laymen's description of Federal fair housing law (Title VIII of Civil Rights Act of 1968), and applicable State and local fair housing laws, as well as rights under Title IV of the Civil Rights Act of 1964.	x
c. Statement that the public entity (or its agent) will identify comparable replacement dwellings within the financial means of and otherwise available to displaced persons and will provide assistance to persons in obtaining housing of their choice, including assistance in the referral of complaints of discrimination to the appropriate Federal, State or local fair housing enforcement agency.	x
d. Statement that persons may seek their own housing accommodations and urging them, if they do so, to notify the relocation office prior to making a commitment to purchase or occupy the property.	x
8. Statement that the public entity will provide maximum assistance in locating relocation accommodations,including consultation with the Small Business Administration and other governmental agencies which might be of assistance.	x
9. Statement describing requirement for prior notification to the agency of the business concern's intention to move.	x
10. Summary of the local agency's eviction policy, which shall be in accordance with the provisions of section 6058.	x	x
11. Statement describing the agency's grievance procedure, its purpose, and how it may be used, which procedure shall be in accordance with the provisions of Article 5.	x	x

Note

Note: Authority cited: Sections 41226 and 50626, Health and Safety Code. Reference: Sections 41220-41229 and 50625-50629, Health and Safety Code.