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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.
Long before an owner hears anything, an agency studies alignments, prepares environmental documents and identifies the parcels a project needs. This period can run for years. Where an announcement of intent depresses value or use and the agency then delays unreasonably, California recognises precondemnation damages under Klopping v City of Whittier (1972) 8 Cal.3d 39.
The agency writes, usually asking permission to enter and inspect so an appraiser can do the work. Owners commonly negotiate the scope and timing of entry and ask for a record of what is done on site.
An appraiser retained by the agency values the property. On a partial take the appraisal has two questions to answer: the value of the part taken, and the effect on the remainder. This is the stage at which an owner benefits most from an independent appraisal, which section 1263.025 provides for.
Government Code sections 7267.1 and 7267.2 require the agency to offer its full appraised value in writing, before negotiations begin, with a written summary of the basis for the amount.
The parties negotiate. If they do not agree, the governing body holds a public hearing and adopts a resolution of necessity under sections 1245.210 to 1245.270. The agency may then file a complaint in eminent domain, deposit probable compensation under sections 1255.010 to 1255.080, and move for an order for possession before judgment under section 1255.410.
Section 1245.235 requires written notice of the hearing at least fifteen days beforehand, with the right to appear and be heard. An owner who does not appear has not preserved an objection to necessity.
Most matters settle. Where they do not, the parties exchange a final offer and a final demand under section 1250.410 and a judge or jury decides the amount of just compensation. The reasonableness of those final positions decides who bears litigation expenses.
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Questions owners ask
It varies with the project and the agency. Precondemnation study can run for years. Once an offer is made, negotiation commonly runs several months. Where a case is filed and tried, a resolution one to two years later is not unusual.
After it files and deposits probable compensation, it may move for an order for possession before judgment under Code of Civil Procedure section 1255.410. Possession can pass well before the amount is decided.
An owner can usually withdraw the deposit without giving up the right to argue for a larger amount, though withdrawal carries consequences worth understanding before you act.
Where an agency announces a project and then delays unreasonably, and the announcement itself depresses value or use, California recognises a claim under Klopping v City of Whittier.
Next step
Work out which stage applies to your property, and what is due at that stage.