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 What is a "Resolution of Necessity"? A "resolution of necessity" is the government agency's formal decision to acquire property by eminent domain. It must be adopted before the condemning agency can commence an eminent domain action in court. California Code of Civil Procedure section 1245.230 provides that in order to adopt a resolution of necessity, the government agency must find (1) that the project for which the property is to be acquired is necessary; (2) that the property is necessary for the public project; (3) that the project is located in such a manner as to offer the greatest public benefit with the least private detriment; and (4) that an offer to purchase the property has been made. Unless there are extraordinary circumstances (such as gross abuse of discretion, fraud or bribery), the agency's finding that it needs the property is generally considered conclusive.
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