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 Does the government have to give me notice before deciding to take my property by eminent domain? Before a government agency can commence an eminent domain proceeding in court, it must adopt a formal resolution to acquire the property. The formal resolution to acquire property is known as a "resolution of necessity." The resolution of necessity must be adopted at a public hearing. The condemning agency must give the property owner of record notice of the hearing and an opportunity to speak. The property owner usually must advise the condemning agency in writing, no later than fifteen days after the notice was mailed, if the owner or his representative wishes to be heard and make the owner's position known at the hearing. Failure to raise certain arguments at the hearing on the resolution of necessity could, in some situations, result in a waiver of the ability to raise those arguments later on. Experienced eminent domain counsel should be contacted immediately when notice of the resolution of necessity hearing is given so as to best preserve the owner's rights.
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