(a) Pursuant to the provisions of Section 1260 of the Health and Safety Code, the right of eminent domain exercised by a newly formed nonprofit hospital applying to condemn property for the initial establishment of the facility shall be initiated by filing with the Department an application for a Certificate of Necessity on forms provided by the Department. A written notice of such application and of the intention to exercise the right of eminent domain shall be given to:
(1) All owners of real property affected.
(2) All reasonably discernible occupants of real property affected.
(3) All reasonably discernible occupants of property within 1000 yards of the real property affected.
(b) The written notice shall specify a location in the area within which the hospital is located where a copy of the application and supporting documents shall be maintained for public inspection.
(c) At least one copy of the application and supporting documents shall be available for public inspection at the place specified between the hours of 8:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m. for a period of at least 15 days previous to the hearing.
(d) If 10 percent or more of the residents of the area in which the hospital is located speak a language other than English as their primary language, such written notice shall be in both English and the other language.
(e) Enclosures to the application shall include:
(1) Copy of the Treasury Department and Franchise Tax Board certification of hospital's nonprofit status and exemption from federal and state income tax.
(2) The following information regarding community patient service planned to be provided by the new hospital:
(A) Planned licensed bed capacity.
(B) Brief description of types of service planned.
(C) Expected admissions and patient days per year.
(D) Expected outpatient clinic visits (if applicable) per year.
(E) Expected number of staff physicians and geographic areas from which physicians will be drawn.
(F) Expected number of other employees in each job classification.
(G) Expected maximum number of employees on hospital property at one time.
(3) The following information regarding the property on which condemnation is desired:
(A) Official map showing legal description and boundaries.
(B) Buildings and improvements, and a detailed description of their current use.
(C) Detailed description of proposed use of property, including specific activities to be conducted on the site and projected completion date of any construction necessary should acquisition take place.
(D) Detailed description of efforts to acquire property without condemnation, including:
1. Duration of negotiations.
2. Individuals involved.
3. Amounts and dates of any offers or counteroffers made on sale price of property.
4. Available information on appraised value of property.
5. Property owner's reasons for refusal to sell if other than disagreement on price.
(4) Resolution of hospital board of directors including:
(A) Statement of board's opinion that public interest and necessity require acquisition of property.
(B) Statement of board's familiarity with content of application, including all attachments thereto.
(C) Board's authorization for application.
(5) Report of impact of proposed hospital upon delivery of health care services in the community.
(6) Final Environmental Impact Report, or Negative Declaration pursuant to Section 15083 of Title 14 of the California Administrative Code.
(7) Affidavit of service of notice as required in (a) above.
(8) Detailed description of deficiencies in the delivery of health care services in the community which the proposed project will correct or alleviate.
(9) Description of reasonably available alternatives to the project or the proposed location which might correct or alleviate such deficiencies and explanation for rejection of each alternative.
Credits
Note: Authority cited: Sections 103, 446.2 and 1260, Health and Safety Code; and Section 11152, Government Code. Reference: Section 1260, Health and Safety Code.
History
1. Editorial correction of subsection (d) and new Note filed 2-23-83 (Register 83, No. 9).
This database is current through 5/10/24 Register 2024, No. 19.
