Compensation for Eminent Domain

Code of Civil Procedure Part 3, Title 7, Chapter 9, Article 1 deals with general provisions related to compensation under the California eminent domain law.

Section 1263.010 provides that the owner of property acquired by eminent domain is entitled to compensation as provided in this chapter.

Section 1263.015 explains that, at the request of an owner of property acquired by eminent domain, the public entity may enter into an agreement with the owner specifying the manner of payment of compensation to which the owner is entitled as the result of the acquisition.

The agreement may provide that the compensation is to be paid by the public entity to the owner over a period not to exceed 10 years from the date the owner’s right to compensation accrues. The agreement may also provide for the payment of interest by the public entity.

Section 1263.020 provides that the right to compensation is to be deemed to have accrued at the date of filing the complaint.

Section 1263.025 requires a public entity to offer to pay the reasonable costs, not to exceed $5,000, of an independent appraisal ordered by the owner of a property that the public entity offers to purchase under a threat of eminent domain, at the time the public entity makes the offer to purchase the property. The independent appraisal must be conducted by an appraiser licensed by the Office of Real Estate Appraisers. The term “under a threat of eminent domain” is defined.