AMENDED IN ASSEMBLY MAY 18, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

98

Introduced by Assembly Member Lackey

February 9, 2026

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 require a public entity that offers to purchase property under a threat of eminent domain related to specified purposes to pay the full reasonable costs of an independent appraisal ordered by the owner. owner, not to exceed $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, not to exceed five thousand dollars ($5,000), 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, 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.

(c) If a public entity offers to purchase property under a threat of eminent domain related to construction of facilities for the isolated transfer of water across the Sacramento-San Joaquin Delta or for high-speed rail purposes, the public entity shall pay the full reasonable costs of an independent appraisal ordered by the owner. owner, not to exceed eight thousand dollars ($8,000).