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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.
The written offer, the written summary of its basis, and fifteen days notice of the hearing.
Gov. Code 7267.2Fair market value, and an independent appraisal reimbursed up to the statutory cap.
CCP 1263.025The part taken, damages to the remainder, fixtures and business goodwill.
CCP 1263.510The right to appear at the hearing and to recover litigation expenses in the right case.
CCP 1250.410An agency must tell you what it intends and give you the material behind the number. Government Code section 7267.2 requires a written offer of the full amount the agency believes is just compensation, together with a written summary of the basis for that amount. Code of Civil Procedure section 1245.235 requires at least fifteen days written notice of the hearing on the resolution of necessity, and gives you the right to appear and be heard at it.
Compensation is measured by fair market value: the price a willing buyer and a willing seller would agree on, neither under compulsion, both fully informed. On a partial take the appraisal must address the value of the part taken and the effect on the remainder. Code of Civil Procedure section 1263.025 allows an owner to obtain an independent appraisal and be reimbursed up to a statutory cap, currently 5,000 dollars.
The comparable sales, the highest and best use and the treatment of the remainder are where valuations diverge. All three sit in the appraisal, not in the cover letter.
California compensates more than the dirt. Where the elements are met, compensation can include damages to the remainder, fixtures and equipment attached to the realty, loss of business goodwill under Code of Civil Procedure section 1263.510, and the effect of changed access. Relocation assistance under Government Code sections 7260 to 7277 is separate and is not deducted from compensation for the property.
The resolution of necessity hearing is a public hearing, and an owner may appear and object to the findings. Later, Code of Civil Procedure section 1250.410 requires an exchange of a final offer and a final demand. Where the agency final offer was unreasonable and the owner final demand reasonable in light of the verdict, the owner may recover litigation expenses, including appraisal and attorney fees.
Several of these rights are exercised at a moment rather than held indefinitely. The right to object to necessity is exercised at the hearing. The right to challenge an order for possession is exercised on the motion. Inverse condemnation claims against a public entity are subject to the six month claim presentation deadline in Government Code section 911.2. Dates matter more here than in most areas of property law.
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Questions owners ask
The agency must provide a written summary of the basis for its offer under Government Code section 7267.2. Owners routinely request the appraisal itself as part of negotiation.
Code of Civil Procedure section 1263.025 provides for reimbursement of an independent appraisal up to a statutory cap, currently 5,000 dollars. Confirm the current figure before commissioning the work.
Yes. Section 1245.235 requires notice of the hearing and gives each owner whose property is to be acquired the right to appear and be heard.
No. Relocation assistance under Government Code sections 7260 to 7277 is a separate entitlement and is not offset against just compensation.
Next step
Find which of these rights applies at the stage you are in.