EXERCISE OF EMINENT DOMAIN (CONDEMNATIONS) - 6825

(Revised: 03/2025)

(Revised and Renumbered from 6866.)

Property Acquisition and Eminent Domain: One of the core functions of the PWB is the acquisition of real property for the state (See Section 6824 for additional information on the acquisition process).  Typically, the state acquires property through negotiations with willing sellers, however, under certain circumstances, the state may acquire property through eminent domain.

Eminent domain is the process by which a government may obtain private property for public use, following the payment of just compensation. Government Code Section 15855 establishes the PWB as the only state entity, with some exceptions, that has the authority to exercise the power of eminent domain to acquire property needed by any state agency, for state use. The eminent domain process is used only when a specified property is needed to complete a necessary public project, but the property owner(s) is either unwilling to sell the property, or negotiations to see the property have come to an impasse.

The following discussion outlines the steps involved in the eminent domain process.

Agenda packages for proposed condemnations: When requesting the PWB use eminent domain to acquire a property, the client department (and/or DGS) must provide all the following:

1. All information requested in Section 6822, including the standard fiscal reporting requirements and the agenda package.
2. A statement of the property’s proposed public use.
3. A description of the general location and extent of the property to be taken, with sufficient detail for reasonable identification.
4. An analysis of necessity showing that:
   1. The public interest and necessity require the proposed project.
   2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
   3. The property is necessary for the public good.
   4. An offer has been made to the owner or owners of record.
5. Chronology of attempts to purchase the property and/or contact the owner.

PWB Actions: Once PWB staff determines that there is sufficient information to support an eminent domain action, each person whose property interest is being acquired is mailed a Notice of Intent (NOI) letter by the PWB informing them of the intent of the PWB to adopt a resolution that would allow the commencement of an eminent domain proceeding (Resolution of Necessity or “RON”) to acquire their property. The NOI is typically sent at least 15 days prior to the PWB meeting considering the adoption of the RON and provides the property owner(s) with the date and location of the PWB meeting where the matter will be taken under consideration, and also provides the property owner(s) a reasonable opportunity to appear and be heard at the PWB meeting. 

Pursuant to Code of Civil Procedure Section 1245.230, the PWB may adopt a RON if it has found and determined that the following conditions have been met:

• The public interest and necessity require the project;
• The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
• The property sought to be acquired is necessary for the project; and
• An offer required by Government Code section 7267.2 has been made to the owner or owners of record or the offer has not been made because he owner cannot be located with reasonable diligence.

The PWB does not consider issues of compensation for the subject property; all issues related to the compensation to be awarded for the acquisition of the property will be resolved through a court proceeding, after the RON is filed in the superior court where the property is located.