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California Code of Civil Procedure, Title 7

Has Your Property Been Affected by Eminent Domain in California?

Understand the eminent domain process, explore property owner rights, and learn about compensation considerations.

Statutes cited by sectionVerified text
Written for owners, not lawyersPlain language
Every county in California58 counties
APN 041 220 18 PARTIAL TAKE
Fig. 1 — Right of way plat, partial acquisitionNot to scale

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Start With Your Situation

Every eminent domain situation is different. Select the option that best describes what is happening.

REMAINDER AREA TAKEN REMAINDER SUBJECT PARCEL
Fig. 2 — Partial take and remainderCCP 1263.410

Understanding the law

Understanding Eminent Domain in California

Eminent domain is the power of a public agency to acquire private property for a public use, provided the owner receives just compensation. In California the process runs under Title 7 of the Code of Civil Procedure, beginning at section 1230.010, and it gives property owners specific rights at every stage.

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Your rights

Understanding Your Rights as a Property Owner

California law gives owners a defined set of rights once an agency begins to consider their property. Knowing what those rights are, and when each one applies, is the difference between reacting and preparing.

Explore Property Owner Rights
01

Notice and Information

Understand the process and important communications, including the written offer an agency must make before it files.

Gov. Code 7267.2
02

Property Valuation

Learn how property value may be evaluated, and how an owner may obtain an independent appraisal.

CCP 1263.025
03

Compensation

Explore factors that may be relevant to compensation, including damages to the property that remains.

CCP 1263.410
04

Understanding Your Options

Learn about the next stages of the process, including the hearing an agency must hold before it may proceed.

CCP 1245.235

Compensation

Understanding Eminent Domain Compensation

Compensation questions often depend on the property, the acquisition, and the impact on the remaining property.

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The process

What Does the Eminent Domain Process Look Like?

Most California acquisitions move through the same six stages. Stages can overlap, and a case can resolve at any point, but the order rarely changes.

Stage 01

Property Identified

An agency studies a project and identifies the parcels it needs.

Stage 02

Notice or Initial Contact

The agency contacts the owner and asks permission to enter and inspect.

Stage 03

Property Evaluation

An appraiser retained by the agency values the property and any damages.

Stage 04

Offer

The agency makes a written offer of its full appraised value, with a written summary.

Stage 05

Negotiation or Proceedings

The parties negotiate. If they do not agree, the agency holds a hearing and may file.

Stage 06

Resolution

The matter settles, or a judge or jury decides the amount of just compensation.

Understand the California Eminent Domain Process

Property types

What Type of Property Is Affected?

The questions that matter most change with the property. Start with the category that fits yours.

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Common questions

Frequently Asked Questions

Can the government take my property in California?

A public agency may acquire private property when the acquisition serves a public use and the owner receives just compensation. The agency must follow Title 7 of the Code of Civil Procedure, and it must adopt a resolution of necessity at a public hearing before it can file a case. Proposition 99, approved by voters in June 2008, further limits the taking of owner occupied residences for conveyance to a private party.

Do I have to accept the first offer?

No. Before an agency may begin negotiations it must make a written offer of its full appraised value and provide a written summary of the basis for that amount, under Government Code sections 7267.1 and 7267.2. That offer opens the negotiation. It does not end it.

Who pays for my own appraisal?

Code of Civil Procedure section 1263.025 allows an owner to be reimbursed for an independent appraisal, currently capped at 5,000 dollars. The cap has been the subject of proposed legislation, so confirm the current figure before you rely on it.

How long does eminent domain take in California?

It varies with the project and the agency. Precondemnation study and appraisal can run for months or years before an owner hears anything. Once an offer is made, negotiation commonly runs several months. If a case is filed and tried, a resolution one to two years later is not unusual.

What happens if only part of my property is taken?

Compensation covers two things: the value of the part taken, and any loss in value to the remainder caused by the taking or the construction of the project. The second is called severance damages. An agency may offset those damages by benefits the project confers on the remainder.

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Next step

Understand Your Situation Before Taking the Next Step

Find resources based on your property and the stage of the eminent domain process you are experiencing.

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