What process must the government follow before expropriating land?

What the Law Says

California law strictly governs how the government may take private property for public use through eminent domain. The process is designed to protect property owners’ rights while allowing necessary public projects.

Before filing a lawsuit, the government agency must give you written notice at least 120 days in advance (unless waived). This notice must describe the project, the property affected, and your right to object.

The agency must then file a civil complaint in superior court naming you as the defendant. You have 14 days to respond after being served.

At filing, the government must deposit with the court the amount it believes is the 'probable compensation' for your property — even if that amount is $0 — and file a declaration showing how it calculated that amount.

A trial is held to determine both the 'necessity' of the taking and the 'just compensation' owed — which must be 100% of the property’s fair market value, including severance damages if only part is taken.

The government cannot take possession until it pays the final judgment or deposits the awarded amount with the court.

Statutory Text

At the time of filing the complaint, the plaintiff shall deposit with the clerk of the court ... the amount of probable compensation ... determined by the plaintiff.

— Code of Civil Procedure, s. 1255.010 — Deposit of Probable Compensation

Statutory Text

The plaintiff may not take possession of the property until the judgment is paid or the amount of the judgment is deposited with the court.

— Code of Civil Procedure, s. 1268.610 — Time of Taking Possession

Statutory Text

The right of the plaintiff to take possession ... shall not accrue until the expiration of five years from the date of the filing of the complaint.

— Code of Civil Procedure, s. 1268.410 — Statute of Limitations on Taking Possession

What to Do

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