These real estate negotiations are more complex than I am comfortable entering into without some counsel. And while I don’t think the County or Flood Zone is out to get anybody, County Counsel will have a duty to the Flood Zone and my interests may not be entirely aligned. Before I record a permanent easement I would like to have some advice from an attorney skilled in this area. Will I be expected to bear those costs as well?

Attorney fees are not reimbursable. If at the time the District enters into negotiations any of the conditions outlined below in the Code of Civil Procedure 1263.025 are met, the homeowner could get their own appraisal and the District would reimburse reasonable costs up to $5,000.

(a) A public entity shall offer to pay the reasonable costs, not to exceed five thousand dollars ($5,000), of an independent appraisal ordered by the owner of a property that the public entity offers to purchase under a threat of eminent domain, at the time the public entity makes the offer to purchase the property. The independent appraisal shall be conducted by an appraiser licensed by the Office of Real Estate Appraisers.

(b) For purposes of this section, an offer to purchase a property “under a threat of eminent domain” is an offer to purchase a property pursuant to any of the following:

  1. Eminent domain.
  2. Following adoption of a resolution of necessity for the property pursuant to Section 1240.040.
  3. Following a statement that the public entity may take the property by eminent domain. (Added by Stats. 2006, Ch. 594, Sec. 8. Effective January 1, 2007.)
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