California Code of Civil Procedure, Title 7
Understand the eminent domain process, explore property owner rights, and learn about compensation considerations.
Start here
Every eminent domain situation is different. Select the option that best describes what is happening.
Learn what an eminent domain notice may mean and what information to review.
Explore Next Steps Situation 02Understand what may happen when all or part of a property is sought for a public project.
Understand the Process Situation 03Explore how property valuation and compensation may be considered.
Understand the Offer Situation 04Learn about questions and considerations when property owners disagree with a proposed valuation.
Explore Your OptionsUnderstanding the law
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.
Explore California Eminent Domain LawYour rights
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.
Understand the process and important communications, including the written offer an agency must make before it files.
Gov. Code 7267.2Learn how property value may be evaluated, and how an owner may obtain an independent appraisal.
CCP 1263.025Explore factors that may be relevant to compensation, including damages to the property that remains.
CCP 1263.410Learn about the next stages of the process, including the hearing an agency must hold before it may proceed.
CCP 1245.235Compensation
Compensation questions often depend on the property, the acquisition, and the impact on the remaining property.
The process
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.
An agency studies a project and identifies the parcels it needs.
The agency contacts the owner and asks permission to enter and inspect.
An appraiser retained by the agency values the property and any damages.
The agency makes a written offer of its full appraised value, with a written summary.
The parties negotiate. If they do not agree, the agency holds a hearing and may file.
The matter settles, or a judge or jury decides the amount of just compensation.
Property types
The questions that matter most change with the property. Start with the category that fits yours.
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Common questions
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.
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.
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.
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.
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.
Next step
Find resources based on your property and the stage of the eminent domain process you are experiencing.