An act to amend Section 1263.025 of the Code of Civil Procedure, relating to eminent domain.
Summary
AB 1752 would amend California’s Eminent Domain Law to increase the amount a public entity must offer toward an owner-ordered independent appraisal when the entity is seeking to buy property under threat of eminent domain. Under existing law, the public entity must offer up to $5,000 for that appraisal; this bill would require payment of the full reasonable cost, up to $8,000, in certain cases involving facilities for the isolated transfer of water across the Sacramento-San Joaquin Delta or high-speed rail.
The bill also clarifies that the appraisal-cost rule applies when a public entity is proceeding through eminent domain itself, after adopting a resolution of necessity, or after stating that it may take the property by eminent domain. The appraisal must still be performed by a licensed appraiser, and the public entity’s obligation is tied to the owner obtaining an independent appraisal in response to the threatened taking.
Impact
AB 1752 would modify Section 1263.025 of the Code of Civil Procedure, increasing the statutory reimbursement cap for independent appraisals from $5,000 to $8,000 for specified eminent-domain-related projects. The practical effect is to shift more of the appraisal expense to public entities in water conveyance and high-speed rail acquisitions, while leaving the general $5,000 cap in place for other threatened eminent domain purchases. The bill affects public agencies, property owners, appraisers licensed by the Office of Real Estate Appraisers, and project sponsors involved in major infrastructure acquisitions.
Sentiment
The available vote history suggests generally favorable committee support for the bill. It received a unanimous do-pass recommendation in one committee vote and later advanced again with a majority vote, indicating that the measure has broad procedural support. No committee transcript is available, so the record does not show detailed debate, but the voting pattern points to a positive reception overall.
Contention
The main point of policy contention is likely the targeted increase in public entity costs for two politically sensitive infrastructure categories: Delta water transfer facilities and high-speed rail. Supporters would view the bill as improving fairness for property owners facing condemnation pressure by ensuring they can obtain a meaningful independent appraisal, while opponents may object to the higher reimbursement cap as an added cost to public projects and local agencies. The bill’s narrower application to specified projects, rather than a statewide increase for all eminent domain matters, suggests an effort to balance property-owner protections with fiscal limits.
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.