California Eminent Domain Law

Where the law lives

California eminent domain is governed by Title 7 of the Code of Civil Procedure, beginning at section 1230.010. Precondemnation conduct is governed separately by Government Code sections 7267 and following, and displacement is handled by the California Relocation Assistance Act at Government Code sections 7260 to 7277.

The scheme is a sequence of duties placed on the agency. Each duty creates a matching right for the owner.

Public use and necessity

An agency may acquire property only for a public use and only where the acquisition is necessary. Before it files, the governing body must adopt a resolution of necessity finding that the public interest and necessity require the project, that the project is planned in the manner most compatible with the greatest public good and the least private injury, and that the property is necessary for the project.

Proposition 99, approved in June 2008, adds a limit specific to owner occupied residences taken for conveyance to a private party.

What the agency must do before it offers

Government Code section 7267.2 requires the agency to establish an amount it believes is just compensation and to offer that full amount in writing. Section 7267.1 requires it to make every reasonable effort to acquire by negotiation. The written summary of the basis for the offer is not optional.

Deposit, possession and the pace of a case

Once a case is filed the agency may deposit probable compensation with the court under sections 1255.010 to 1255.080, and may then move for an order for possession before judgment under section 1255.410. An owner can usually withdraw the deposit without giving up the right to argue for a larger amount, though withdrawal has consequences worth understanding first.

Litigation expenses

Code of Civil Procedure section 1250.410 requires the parties to exchange a final offer and a final demand before trial. Where the court finds the agency final offer unreasonable and the owner final demand reasonable in light of the verdict, the owner may recover litigation expenses including appraisal fees and attorney fees.