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Applicable Eminent Domain Codes

Code of Civil Procedure §1240.010 — The constitutional limitation that the power of eminent domain may be exercised only for a public use.

Code of Civil Procedure §1245.010 — Government agency officials have the right to enter the property in order to make studies, surveys and other investigations.

Code of Civil Procedure §1260.010 — Eminent domain actions “shall be quickly heard and determined” and are given priority over other civil actions.

Code of Civil Procedure §1263.120 — Defines the date of valuation as the date of “commencement of the proceeding.”

Code of Civil Procedure §1263.210 — Provides that property owners will be paid for the value of fixtures and improvements.

Code of Civil Procedure §1263.320 — Defines fair market value as the highest price on the date of valuation.

Code of Civil Procedure §1263.510(b) — Defines goodwill as the “benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage.”

Code of Civil Procedure §1265.150 — The lessee (or tenant) is entitled to seek compensation for the loss of his or her lease when the government condemns the property.

Government Code §7267.1 — Government agency must conduct an appraisal on the property prior to making an offer or commencing negotiations.

Government Code §7267.2(a) — Government agency must provide the owner with a summary of the appraisal report prior to adopting a resolution of necessity.

Relocation Assistance Act (Government Code §7260-7277) — Government agency must compensate the property owner for actual moving and related expenses.