AMENDED IN ASSEMBLY MAY 23, 2025
AMENDED IN ASSEMBLY MARCH 28, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
97
Introduced by Assembly Member Lackey
February 20, 2025
An act to amend Section 1263.025 of the Code of Civil Procedure, relating to eminent domain.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law, the Eminent Domain Law, authorizes a public entity to exercise the power of eminent domain to acquire property for a public use, as specified. Existing law entitles the owner of a property acquired by eminent domain to specified compensation. Existing law requires a public entity to pay reasonable costs, not to exceed $5,000, of an independent appraisal ordered by the owner of a property that the public entity offers to purchase under the threat of eminent domain.
This bill would instead require a public entity to pay reasonable costs of the independent appraisal described above, not to exceed $8,000 for a total acquisition of the property, and not to exceed $15,000 for a partial taking of the property.
increase the limitation on the reasonable costs of an independent appraisal to $8,000.
The people of the State of California do enact as follows:
SECTION 1.
Section 1263.025 of the Code of Civil Procedure is amended to read:
1263.025.
(a) A public entity shall offer to pay the reasonable costs of an independent appraisal ordered by the owner of a property that the public entity offers to purchase under a threat of eminent domain, at the time the public entity makes the offer to purchase the property. The independent appraisal shall be conducted by an appraiser licensed by the Office of Real Estate Appraisers.
(b) For purposes of this section, “reasonable costs: costs of an
independent appraisal” shall not exceed: exceed eight thousand dollars ($8,000).
(2) Fifteen thousand dollars ($15,000) for a partial taking of the property.
(c) For purposes of this section, an offer to purchase a property “under a threat of eminent domain” is an offer to purchase a property pursuant to any of the following:
(1) Eminent domain.
(2) Following adoption of a resolution of necessity for the property pursuant to Section 1240.040.
(3) Following a statement that the public entity may take the property by eminent domain.