I Disagree With the Eminent Domain Offer in California

Disagreement is normal and expected

The statutory scheme assumes the parties will not agree at first. That is why the agency must make a written offer, why an owner may obtain an independent appraisal at public expense, and why Code of Civil Procedure section 1250.410 builds a formal exchange of final positions into the case.

Find where the two appraisals differ

Most valuation gaps come from a small number of identifiable disagreements. Reading both appraisals side by side usually locates them quickly.

• Comparable sales. Which sales were used, how they were adjusted, and whether any sale reflects the project itself.
• Highest and best use. Whether the property was valued for what it is or for what it could lawfully become.
• The remainder. Whether severance damages were measured at all, and how benefits were offset against them.
• Goodwill. Whether a business on the property was considered under Code of Civil Procedure section 1263.510.
• Date of valuation. Which date the appraisal used, since it fixes the market conditions that apply.

Precondemnation delay and Klopping damages

Where an agency announces a project, then delays unreasonably, and the announcement itself depresses the value or the use of the property, California recognises a claim for precondemnation damages. The rule comes from Klopping v City of Whittier (1972) 8 Cal.3d 39, and it is reflected in jury instruction CACI 3509A.

The final offer and final demand exchange

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

What resolution usually looks like

Most California eminent domain matters settle. They settle after both sides have appraisals, after the scope of the take and the construction impacts are pinned down, and after the section 1250.410 exchange makes the cost of disagreeing visible to both sides.