HANDBOOK CONTENTS I The Power of Eminent Domain II The Eminent Domain Process • What are the general steps involved in an eminent domain proceeding? • Does the government have to make me an offer for my property before going to court? • Can I get a copy of the government's appraisal report? • Do I have to accept the government's offer, or can I try to get a higher price? • Does the government have to give me notice before deciding to take my property by eminent domain? • What is a "Resolution of Necessity"? • Can the government take possession of my property before the final value is determined? • What do I do if I don't agree with the amount of the government's deposit? III Just Compensation IV Retaining an Attorney
	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.
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