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The California Eminent Domain Handbook

Chapter II: The Eminent Domain Process

Can I get a copy of the government's appraisal report?

When the government makes its offer to purchase property as required by Government Code section 7267.2, the agency is required to provide the owner of record with a "summary" of the basis of the offer. Usually, this means that the agency must provide the owner of record only with a brief summary of the appraisal upon which the offer is based. The summary must identify the sales upon which the appraisal is based, as well as a general description of the property being valued.

If the property to be acquired consists of owner occupied residential property of four units or less, the agency must also allow the owner of record to review the initial appraisal if it is requested by the owner. For other types of property, the agency does not have any obligation to allow the owner to review the initial appraisal and generally will not do so. Until litigation is commenced, the owner is entitled only to the summary of the basis for the offer, as discussed above.

Once litigation is underway, the parties will generally exchange appraisal reports approximately 90 days prior to trial. In some jurisdictions, the parties must timely request an exchange of appraisal reports or no exchange is required. Exchange of appraisal reports gives both the government and the owner the opportunity to evaluate the case prior to trial and attempt to reach a mutually satisfactory settlement.