SEC. 19.
(a) (1) Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation.(2) Prior to the commencement of eminent domain proceedings, the public use for which the private property is taken shall be stated in writing.
(b) The State and local governments are prohibited from acquiring by eminent domain or a local government shall not acquire an owner-occupied residence by eminent domain for the purpose of conveying it the real property to a private person.
(c) Subdivision (b) of this section does not apply when State or local government exercises the power of eminent domain The State or a local government shall not acquire by eminent domain any real property on which a small business is operated, for the purpose of protecting public health and safety; preventing serious, repeated criminal activity; responding to an emergency; or remedying environmental contamination that poses a threat to public health and safety. conveying the real property to a private person.
(d) Notwithstanding subdivision (c), real property that is within the area included in a comprehensive plan to eliminate blight and on which a small business is operated may be acquired by eminent domain for the purpose of conveying the property to a private person only if the small business owner is first provided a reasonable opportunity to participate in the plan. If the small business owner does not participate in the plan, the owner shall be paid reasonable relocation expenses or an amount not less than the fair market value of the small business, at the option of the small business owner. No payment made pursuant to this subdivision shall duplicate any other payment to which the small business may be entitled for the same purpose under law.
(e) (1) The State or a local government shall not acquire by eminent domain for conveyance to a private person any real property that is used exclusively by the owner for religious worship, if that property is exempt from property taxation pursuant to subdivision (f) of Section 3 of, or subdivision (d) of Section 4 of, Article XIII, or both.
(d) (2) Subdivision (b) of this section does not apply when The State or a local government shall not acquire by eminent domain for conveyance to a private person any real property that is currently designated under a formal action of the owner’s governing body to be used by the owner exclusively for religious worship, if that formal designation was made at least one year prior to the date of the initial written offer from the State or local government exercises the power of eminent domain for the purpose of acquiring private property for a public work or improvement. to purchase the real property. The exemption set forth in this paragraph does not apply to real property that is so designated if, within five years following the date of that designation, the real property has not received an exemption from property taxation pursuant to subdivision (f) of Section 3 of, or subdivision (d) of Section 4 of, Article XIII.
(f) The State or a local government shall not acquire by eminent domain any real property in agricultural use for the purpose of conveying the real property to a private person.
(g) Subdivisions (b), (c), (e), and (f) do not apply if the stated public use is a public work or improvement. However, if property described in subdivision (b), (c), (e), or (f) is acquired by eminent domain for a public work or improvement, the owner from whom it was acquired shall have a reasonable opportunity to repurchase the property, in accordance with subdivision (i), before its conveyance for a use other than a public work or improvement.
(h) When any private property was acquired by eminent domain for public use, and the State or local government determines that the property is no longer required for public use, the owner from whom the property was acquired shall have a reasonable opportunity to repurchase the property in accordance with subdivision (i) before its conveyance by the State or a local government for other than a public use.
(i) The opportunity of the prior owner to repurchase the property shall be subject to all of the following:
(1) The State or local government shall use reasonable diligence to locate the former owner.
(2) The opportunity to repurchase shall be at the then current fair market value. However, if the property acquired by eminent domain was an owner-occupied residence, the opportunity to repurchase shall be at a price equal to the assessed value to be enrolled for the property under paragraph (3), increased by the fair market value of any improvements, fixtures, or appurtenances added by the State or local government.
(3) Upon reacquisition by the property owner from whom the property was acquired, the assessed value of the property shall be the value in the year of acquisition by the State or local government, adjusted as authorized by subdivision (b) of Section 2 of Article XIII A. If the property is reacquired by the property owner, then the acquisition by the State or local government, and the reacquisition by the property owner, shall not constitute a “change of ownership” for purposes of subdivision (a) of Section 2 of Article XIII A.
(4) The opportunity to repurchase applies only to the property owner from whom the property was acquired, and does not apply to any heirs or successors of the owner, or, if the owner was not a natural person, to an entity that ceases to legally exist. The opportunity to repurchase may be waived in writing.
(5) The Legislature may provide a procedure that constitutes a reasonable opportunity to repurchase, and may specify the contents of written notice of the opportunity to repurchase.
(e) (j) For the purpose of this section: purposes of this section, the following terms have the following meanings:
(1) “Agricultural use” means the lawful use of land to grow or raise plant or animal products for commercial purposes, where that use, at the time the property in question was acquired by the owner, was consistent with applicable general plan and zoning requirements. For purposes of this paragraph, a legal nonconforming use shall not be deemed to be consistent with applicable general plan and zoning requirements.
1. (2) “Conveyance” means a transfer of real property property, whether by sale, lease, gift, franchise, or otherwise.
2. (3) “Local government” means any city, including a charter city, county, city and county, school district, special district, authority, regional entity, redevelopment agency, or any other political subdivision within the State.
3. (4) (A) “Owner-occupied residence” means real property that is improved with a single-family residence such as a detached home, condominium, or townhouse and that is the owner or owners’ the owner’s principal place of residence for at least one year prior to the State or local government’s initial written offer from the State or local government to purchase the property. Owner-occupied residence also includes a residential dwelling unit attached to or detached from such a single-family residence which provides complete independent living facilities for one or more persons. property and is improved with either of the following:
(i) A single family residence that is a detached home, condominium, or townhouse.
(ii) A duplex in which one of the two residential units is occupied by the owner.
(B) “Owner-occupied residence” also includes a residential dwelling unit attached to or detached from the single family residence, if the attached dwelling unit provides complete independent living facilities for one or more persons.
4. (5) “Person” means any individual or association, or any business entity, including, but not limited to, a partnership, corporation, or limited liability company.
5. (6) “Public work or improvement” means facilities or infrastructure for the delivery of public services such as education, police, fire protection, parks, recreation, emergency medical, public health, medical services, public health services, libraries, flood protection, streets or highways, public transit, railroad, railroads, airports and seaports; utility, seaports, utilities, common carrier or other similar projects such as energy-related, communication-related, water-related and wastewater-related facilities or infrastructure; infrastructure, and projects identified by a State or local government for recovery from natural disasters; and private uses incidental to, or necessary for, the public work or improvement. disasters.
(7) “Small business” means a business employing no more than the equivalent of 50 full-time employees, but does not include the owner of the real property that is acquired if the primary business of that owner is to lease the real property to others.
6. (8) “State” means the State of California and any of its agencies or departments.
(k) Subdivisions (b), (c), (e), and (f) do not apply when the State or a local government exercises the power of eminent domain for the purpose of protecting public health and safety; preventing serious, repeated criminal activity; responding to an emergency; or remedying environmental contamination that poses a threat to public health and safety.