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 the government take possession of my property before the final value is determined? California Code of Civil Procedure section 1255.410 authorizes the condemning agency to ask the court for possession of the property even before judgment has been entered in the eminent domain proceeding. The court may only do so, however, if the condemning agency has first deposited into the County or State Treasury the amount which it determines as the probable compensation to be paid for the property. If the court grants the condemning agency's request for early possession, the property owner, in most cases, will have had approximately 90 to 120 days notice before having to vacate the property. Once the condemning agency deposits the amount of probable compensation, the property owner or tenant may apply to the court to withdraw that portion of the deposit which represents the owner's or tenant's probable amount of compensation. You may withdraw the amount of the agency's deposit without waiving your claim for greater compensation. However, withdrawing the deposit does waive any challenge to the government's right to take the property.
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