An offer by the plaintiff to purchase the property subject to this article shall be deemed to satisfy the requirements of Section 7267.2 of the Government Code.
§ 1263.760.Satisfaction of Requirements of Section 7267.2, Government Code
Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts · Enacted 1995 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1263.760 provides that a plaintiff's offer to purchase property covered by this article is deemed to satisfy the pre-litigation offer requirement in Government Code § 7267.2.
Full Text of § 1263.760
Plain-English Summary
Government Code § 7267.2 generally requires a public entity to make a qualifying offer before proceeding with condemnation. This section confirms that requirement is satisfied for property covered by this article -- an offer by the plaintiff to purchase the property is deemed to meet § 7267.2's standard.
That certainty matters because property with hazardous material on it presents a harder valuation problem than an ordinary parcel; this section removes any doubt that an offer made in that context still counts as the statutory pre-acquisition offer the entity needs to make.
Frequently Asked Questions
Does a plaintiff still need to satisfy Government Code § 7267.2's pre-acquisition offer requirement for contaminated property?
Yes, but an offer to purchase property subject to this article is deemed to satisfy that requirement.
Why does this section matter for hazardous material acquisitions?
Because valuing contaminated property is complex, this rule removes any ambiguity about whether the offer requirement has been met.
Amendment History
Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: government code 7267.2 offer eminent domain californiaprecondemnation offer hazardous material property california