An act to amend Section 1263.025 of the Code of Civil Procedure, relating to eminent domain.
Summary
AB 1033 would amend California’s Eminent Domain Law to increase the amount a public entity must pay toward an owner’s independent appraisal when the property is being offered for purchase under threat of eminent domain. Under current law, that reimbursement is capped at $5,000; the bill would raise the cap to $8,000 for a total acquisition of a property and to $15,000 for a partial taking. The appraisal must be performed by a licensed appraiser, and the bill clarifies that the reimbursement requirement applies when the offer is made in connection with eminent domain, after a resolution of necessity, or after a statement that the property may be taken by eminent domain.
The bill’s practical effect is to shift more of the cost of obtaining an independent valuation from property owners to the public entity initiating or threatening the taking. It would amend Section 1263.025 of the Code of Civil Procedure, changing the statutory reimbursement limits for appraisal costs in eminent domain-related negotiations. The measure does not change the underlying power of eminent domain or the compensation rules for the property itself; it only updates the appraisal-cost reimbursement framework for affected owners.
The general sentiment reflected in the voting history is strongly favorable. The bill advanced with unanimous or near-unanimous support in committee and on the Assembly floor, with recorded votes showing no opposition at the stages provided. That pattern suggests broad agreement that the existing appraisal-cost cap may be outdated and that property owners should receive greater reimbursement when facing a public acquisition.
There is little direct evidence of controversy in the available record, but the main policy tension is between protecting property owners and limiting costs for public agencies and local governments. Supporters appear to view the bill as a modest fairness update that helps owners secure meaningful independent appraisals in eminent domain cases, while any concern would likely center on the increased fiscal burden on public entities that must pay higher appraisal expenses. The bill’s later placement on suspense file indicates fiscal scrutiny, even though the measure itself was not politically divisive in the votes shown.
Overall, AB 1033 is a targeted eminent-domain reform bill focused on appraisal reimbursement, not a broad overhaul of condemnation law. It would raise statutory cost limits, expand the reimbursement structure for partial takings, and provide clearer treatment of when a property is considered offered for purchase under threat of eminent domain.
Impact
AB 1033 would amend Code of Civil Procedure Section 1263.025, increasing the statutory cap on public reimbursement for an owner-ordered independent appraisal from $5,000 to $8,000 for a total acquisition and to $15,000 for a partial taking. This would directly affect public entities exercising or threatening eminent domain and property owners seeking an outside appraisal during acquisition negotiations. The bill does not alter the eminent domain power itself or the compensation owed for the property, but it would increase public-agency costs associated with acquisition proceedings.
Sentiment
The available voting record shows strong support and no recorded opposition at the committee and floor stages provided. The bill passed committee votes unanimously and cleared the Assembly floor with 78 yeas and 0 nays, suggesting a broadly favorable view of the measure as a limited property-owner protection. The later suspense-file action indicates that fiscal considerations remained relevant, but the overall sentiment in the record is positive rather than contentious.
Contention
The main point of contention is fiscal: public entities and local governments would be required to pay more toward independent appraisals, which could increase acquisition-related costs. Supporters likely see the bill as necessary to keep appraisal reimbursement aligned with current market costs and to help property owners defend their interests in eminent domain negotiations. Any opposition would likely come from agencies concerned about higher administrative and project costs, especially in partial takings where the reimbursement cap would rise to $15,000. The record provided does not show ideological conflict over eminent domain policy itself, only over the cost increase.
An Act to amend and reenact §§ 25.1-108, 25.1-109, 28.2-628, 33.2-291, and 33.2-293 of the Code of Virginia, relating to Virginia Passenger Rail Authority; eminent domain.
An Act to Provide the Right of First Refusal to Towns in Which the University of Maine System and Similar Quasi-independent State Entities Are Selling Property
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