You need to know how California values property before a taking. Understanding the appraisal process helps you spot issues early and protect your compensation.
Why the appraisal matters
In California, the government must pay you fair compensation if it takes or damages your property for public use. This rule comes from Article I, Section 19 of the state constitution. The payment amount is based on your property’s fair market value so the appraisal plays a big role in negotiations and usually decides how much you’ll get.
Initial contact and appraisal notice
A public agency will notify you it intends to appraise your property. You may accompany the agency’s appraiser during inspection and share information about improvements or features that could affect value.
Offer and appraisal summary
After the appraisal, the agency sends a written offer to purchase along with a summary of the report. The offer must be at least the appraised amount. If only part of your land is taken, the agency must also address any loss in value to the remaining portion known as severance damages.
Your appraisal and negotiation
You may hire your own licensed appraiser to provide an independent opinion of value. The agency must offer up to $5,000 to reimburse reasonable appraisal costs. Both sides exchange appraisal reports and may negotiate based on differences in market data, comparable sales or highest and best use.
If you reject the offer and potential court proceedings
If you reject the offer, the agency can hold a public hearing to adopt a Resolution of Necessity then file an eminent domain lawsuit. It may deposit the estimated compensation with the court and request early possession.
During discovery, both parties’ appraisers exchange reports and testify on fair market value. If no agreement is reached, a jury determines the final compensation.
What you can do next
Because eminent domain cases involve strict rules on appraisal, notice and compensation, legal guidance can help protect your rights and ensure a fair outcome.