TITLE 7. EMINENT DOMAIN LAW [1230.010. - 1273.050.]

Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275.

§§ 1230.010–1273.050 · 260 sections

1. CHAPTER 1. General Provisions §§ 1230.010–1230.070 · 8 sections

   • § 1230.010 This title shall be known and may be cited as the Eminent Domain Law.
   • § 1230.020 Except as otherwise specifically provided by statute, the power of eminent domain may be exercised only as provided in this title.
   • § 1230.030 Nothing in this title requires that the power of eminent domain be exercised to acquire property necessary for public use. Whether property necessary for…
   • § 1230.040 Except as otherwise provided in this title, the rules of practice that govern civil actions generally are the rules of practice for eminent domain proceedings.
   • § 1230.050 The court in which a proceeding in eminent domain is brought has the power to: (a) Determine the right to possession of the property, as between the plaintiff…
   • § 1230.060 Nothing in this title affects any other statute granting jurisdiction over any issue in eminent domain proceedings to the Public Utilities Commission.
   • § 1230.065 (a) This title becomes operative July 1, 1976. (b) This title does not apply to an eminent domain proceeding commenced prior to January 1, 1976. Subject to…
   • § 1230.070 No judgment rendered prior to the operative date of this title in a proceeding to enforce the right of eminent domain is affected by the enactment of this…
2. CHAPTER 2. Principles of Construction; Definitions §§ 1235.010–1235.210 · 23 sections

   1. ARTICLE 1. Construction §§ 1235.010–1235.070 · 7 sections

      • § 1235.010 Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this title.
      • § 1235.020 Chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this title.
      • § 1235.030 Whenever any reference is made to any portion of this title or to any other statute, such reference shall apply to all amendments and additions heretofore or…
      • § 1235.040 Unless otherwise expressly stated: (a) “Chapter” means a chapter of this title. (b) “Article” means an article of the chapter in which that term occurs. (c)…
      • § 1235.050 The present tense includes the past and future tenses; and the future, the present.
      • § 1235.060 “Shall” is mandatory and “may” is permissive.
      • § 1235.070 If any provision or clause of this title or application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions…
   2. ARTICLE 2. Words and Phrases Defined §§ 1235.110–1235.210 · 16 sections

      • § 1235.110 Unless the provision or context otherwise requires, these definitions govern the construction of this title.
      • § 1235.120 “Final judgment” means a judgment with respect to which all possibility of direct attack by way of appeal, motion for a new trial, or motion under Section 663…
      • § 1235.125 When used with reference to property, “interest” includes any right, title, or estate in property.
      • § 1235.130 “Judgment” means the judgment determining the right to take the property by eminent domain and fixing the amount of compensation to be paid by the plaintiff.
      • § 1235.140 “Litigation expenses” includes both of the following: (a) All expenses reasonably and necessarily incurred in the proceeding in preparing for trial, during…
      • § 1235.150 “Local public entity” means any public entity other than the state.
      • § 1235.155 “Nonprofit, special use property” means property which is operated for a special nonprofit, tax-exempt use such as a school, church, cemetery, hospital, or…
      • § 1235.160 “Person” includes any public entity, individual, association, organization, partnership, trust, limited liability company, or corporation.
      • § 1235.165 “Proceeding” means an eminent domain proceeding under this title.
      • § 1235.170 “Property” includes real and personal property and any interest therein.
      • § 1235.180 “Property appropriated to public use” means property either already in use for a public purpose or set aside for a specific public purpose with the intention…
      • § 1235.190 “Public entity” includes the state, a county, city, district, public authority, public agency, and any other political subdivision in the state.
      • § 1235.193 “Electric, gas, or water public utility property” means property appropriated to a public use by a public utility, as defined in Section 218, 222, or 241 of…
      • § 1235.195 “Resolution” includes ordinance.
      • § 1235.200 “State” means the State of California and includes the Regents of the University of California.
      • § 1235.210 “Statute” means a constitutional provision or statute, but does not include a charter provision or ordinance.
3. CHAPTER 3. The Right to Take §§ 1240.010–1240.700 · 39 sections

   1. ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain §§ 1240.010–1240.055 · 6 sections

      • § 1240.010 The power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object,…
      • § 1240.020 The power of eminent domain may be exercised to acquire property for a particular use only by a person authorized by statute to exercise the power of eminent…
      • § 1240.030 The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The public interest…
      • § 1240.040 A public entity may exercise the power of eminent domain only if it has adopted a resolution of necessity that meets the requirements of Article 2 (commencing…
      • § 1240.050 A local public entity may acquire by eminent domain only property within its territorial limits except where the power to acquire by eminent domain property…
      • § 1240.055 (a) As used in this section, the following terms have the following meanings: (1) “Conservation easement” means a conservation easement as defined in Section…
   2. ARTICLE 2. Rights Included in Grant of Eminent Domain Authority §§ 1240.110–1240.160 · 7 sections

      • § 1240.110 (a) Except to the extent limited by statute, any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent…
      • § 1240.120 (a) Subject to any other statute relating to the acquisition of property, any person authorized to acquire property for a particular use by eminent domain may…
      • § 1240.125 Except as otherwise expressly provided by statute and subject to any limitations imposed by statute, a local public entity may acquire property by eminent…
      • § 1240.130 Subject to any other statute relating to the acquisition of property, any public entity authorized to acquire property for a particular use by eminent domain…
      • § 1240.140 (a) As used in this section, “public agencies” includes all those agencies included within the definition of “public agency” in Section 6500 of the Government…
      • § 1240.150 Whenever a part of a larger parcel of property is to be acquired by a public entity for public use and the remainder, or a portion of the remainder, will be…
      • § 1240.160 (a) None of the provisions of this article is intended to limit, or shall limit, any other provision of this article, each of which is a distinct and separate…
   3. ARTICLE 3. Future Use §§ 1240.210–1240.250 · 5 sections

      • § 1240.210 For the purposes of this article, the “date of use” of property taken for public use is the date when the property is devoted to that use or when construction…
      • § 1240.220 (a) Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire property to be used in…
      • § 1240.230 (a) If the defendant objects to a taking for future use, the burden of proof is as prescribed in this section. (b) Unless the complaint states an estimated…
      • § 1240.240 Notwithstanding any other provision of this article, any public entity authorized to acquire property for a particular use by eminent domain may acquire…
      • § 1240.250 Notwithstanding any other provision of this article, where property is taken pursuant to the Federal Aid Highway Act of 1973: (a) A date of use within 10 years…
   4. ARTICLE 4. Substitute Condemnation §§ 1240.310–1240.350 · 4 sections

      • § 1240.310 As used in this article: (a) “Necessary property” means property to be used for a public use for which the public entity is authorized to acquire property by…
      • § 1240.320 (a) Any public entity authorized to exercise the power of eminent domain to acquire property for a particular use may exercise the power of eminent domain to…
      • § 1240.330 (a) Where necessary property is devoted to public use, any public entity authorized to exercise the power of eminent domain to acquire such property for a…
      • § 1240.350 (a) Whenever a public entity acquires property for a public use and exercises or could have exercised the power of eminent domain to acquire such property for…
   5. ARTICLE 5. Excess Condemnation §§ 1240.410–1240.430 · 3 sections

      • § 1240.410 (a) As used in this section, “remnant” means a remainder or portion thereof that will be left in such size, shape, or condition as to be of little market…
      • § 1240.420 When property is sought to be acquired pursuant to Section 1240.410, the resolution of necessity and the complaint filed pursuant to such resolution shall…
      • § 1240.430 A public entity may sell, lease, exchange, or otherwise dispose of property taken under this article and may credit the proceeds to the fund or funds available…
   6. ARTICLE 6. Condemnation for Compatible Use §§ 1240.510–1240.530 · 3 sections

      • § 1240.510 Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use property…
      • § 1240.520 If the defendant objects to a taking under Section 1240.510, the defendant has the burden of proof that his property is appropriated to public use. If it is…
      • § 1240.530 (a) Where property is taken under Section 1240.510, the parties shall make an agreement determining the terms and conditions upon which the property is taken…
   7. ARTICLE 7. Condemnation for More Necessary Public Use §§ 1240.610–1240.700 · 11 sections

      • § 1240.610 Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use property…
      • § 1240.620 If the defendant objects to a taking under Section 1240.610, the defendant has the burden of proof that his property is appropriated to public use. If it is…
      • § 1240.630 (a) Where property is sought to be taken under Section 1240.610, the defendant is entitled to continue the public use to which the property is appropriated if…
      • § 1240.640 (a) Where property has been appropriated to public use by any person other than the state, the use thereof by the state for the same use or any other public…
      • § 1240.650 (a) Where property has been appropriated to public use by any person other than a public entity, the use thereof by a public entity for the same use or any…
      • § 1240.655 (a) If Golden State Energy commences an eminent domain action to acquire Pacific Gas and Electric Company property, including any franchise rights and stock,…
      • § 1240.660 Where property has been appropriated to public use by a local public entity, the use thereof by the local public entity is presumed to be a more necessary use…
      • § 1240.670 (a) Subject to Section 1240.690, notwithstanding any other provision of law, property is presumed to have been appropriated for the best and most necessary…
      • § 1240.680 (a) Subject to Sections 1240.690 and 1240.700, notwithstanding any other provision of law, property is presumed to have been appropriated for the best and most…
      • § 1240.690 (a) When property described in Section 1240.670 or 1240.680 is sought to be acquired for state highway purposes, and the property was dedicated or devoted to a…
      • § 1240.700 (a) When property described in Section 1240.680 is sought to be acquired for city or county road, street, or highway purposes, and such property was dedicated…
4. CHAPTER 4. Precondemnation Activities §§ 1245.010–1245.390 · 27 sections

   1. ARTICLE 1. Preliminary Location, Survey, and Tests §§ 1245.010–1245.060 · 6 sections

      • § 1245.010 Subject to requirements of this article, any person authorized to acquire property for a particular use by eminient domain may enter upon property to make…
      • § 1245.020 In any case in which the entry and activities mentioned in Section 1245.010 will subject the person having the power of eminent domain to liability under…
      • § 1245.030 (a) The person seeking to enter upon the property may petition the court for an order permitting the entry and shall give such prior notice to the owner of the…
      • § 1245.040 (a) The court, after notice and hearing, may modify any of the provisions of an order made under Section 1245.030. (b) If the amount required to be deposited…
      • § 1245.050 (a) Unless sooner disbursed by court order, the amount deposited under this article shall be retained on deposit for six months following the termination of…
      • § 1245.060 (a) If the entry and activities upon property cause actual damage to or substantial interference with the possession or use of the property, whether or not a…
   2. ARTICLE 2. Resolution of Necessity §§ 1245.210–1245.270 · 10 sections

      • § 1245.210 As used in this article, “governing body” means: (a) In the case of a taking by a local public entity, the legislative body of the local public entity. (b) In…
      • § 1245.220 A public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets the requirements of…
      • § 1245.230 In addition to other requirements imposed by law, the resolution of necessity shall contain all of the following: (a) A general statement of the public use for…
      • § 1245.235 (a) The governing body of the public entity may adopt a resolution of necessity only after the governing body has given each person whose property is to be…
      • § 1245.240 Unless a greater vote is required by statute, charter, or ordinance, the resolution shall be adopted by a vote of two-thirds of all the members of the…
      • § 1245.245 (a) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity adopted pursuant to this…
      • § 1245.250 (a) Except as otherwise provided by statute, a resolution of necessity adopted by the governing body of the public entity pursuant to this article conclusively…
      • § 1245.255 (a) A person having an interest in the property described in a resolution of necessity adopted by the governing body of the public entity pursuant to this…
      • § 1245.260 (a) If a public entity has adopted a resolution of necessity but has not commenced an eminent domain proceeding to acquire the property within six months after…
      • § 1245.270 (a) A resolution of necessity does not meet the requirements of this article if the defendant establishes by a preponderance of the evidence both of the…
   3. ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity §§ 1245.310–1245.390 · 11 sections

      • § 1245.310 As used in this article, “legislative body” means both of the following: (a) The legislative body of each city within whose boundaries property sought to be…
      • § 1245.320 As used in this article, “quasi-public entity” means: (a) An educational institution of collegiate grade not conducted for profit that seeks to take property…
      • § 1245.325 Where an owner of real property seeks to acquire an appurtenant easement by eminent domain pursuant to Section 1001 of the Civil Code: (a) The person seeking…
      • § 1245.326 Where an owner of real property seeks to acquire by eminent domain a temporary right of entry pursuant to Section 1002 of the Civil Code: (a) The person…
      • § 1245.330 Notwithstanding any other provision of law, a quasi-public entity may not commence an eminent domain proceeding to acquire any property until the legislative…
      • § 1245.340 The resolution required by this article shall contain all of the following: (a) A general statement of the public use for which the property is to be taken and…
      • § 1245.350 (a) The legislative body may refuse to consent to the acquisition with or without a hearing, but it may adopt the resolution required by this article only…
      • § 1245.360 The resolution required by this article shall be adopted by a vote of two-thirds of all the members of the legislative body.
      • § 1245.370 The legislative body may require that the quasi-public entity pay all of the costs reasonably incurred by the legislative body under this article. The…
      • § 1245.380 The requirement of this article is in addition to any other requirements imposed by law. Nothing in this article relieves the quasi-public entity from…
      • § 1245.390 The adoption of a resolution pursuant to this article does not make the city or county liable for any damages caused by the acquisition of the property or by…
5. CHAPTER 5. Commencement of Proceeding §§ 1250.010–1250.430 · 27 sections

   1. ARTICLE 1. Jurisdiction and Venue §§ 1250.010–1250.040 · 4 sections

      • § 1250.010 Except as otherwise provided in Section 1230.060 and in Chapter 12 (commencing with Section 1273.010), all eminent domain proceedings shall be commenced and…
      • § 1250.020 (a) Except as provided in subdivision (b), the proceeding shall be commenced in the county in which the property sought to be taken is located. (b) When…
      • § 1250.030 (a) Except as provided in subdivision (b), the county in which the proceeding is commenced pursuant to Section 1250.020 is the proper county for trial of the…
      • § 1250.040 The provisions of the Code of Civil Procedure for the change of place of trial of actions apply to eminent domain proceedings.
   2. ARTICLE 2. Commencement of Proceeding Generally §§ 1250.110–1250.150 · 6 sections

      • § 1250.110 An eminent domain proceeding is commenced by filing a complaint with the court.
      • § 1250.120 (a) Except as provided in subdivision (b), the form and contents of the summons shall be as in civil actions generally. (b) Where process is served by…
      • § 1250.125 (a) Where summons is served by publication, the publication may name only the defendants to be served thereby and describe only the property in which the…
      • § 1250.130 Where the court orders service by publication, it shall also order the plaintiff (1) to post a copy of the summons and complaint on the property sought to be…
      • § 1250.140 Where the state is a defendant, the summons and the complaint shall be served on the Attorney General.
      • § 1250.150 The plaintiff, at the time of the commencement of the proceeding, shall record a notice of the pendency of the proceeding in the office of the county recorder…
   3. ARTICLE 3. Parties; Joinder of Property §§ 1250.210–1250.250 · 5 sections

      • § 1250.210 Each person seeking to take property by eminent domain shall be named as a plaintiff.
      • § 1250.220 (a) The plaintiff shall name as defendants, by their real names, those persons who appear of record or are known by the plaintiff to have or claim an interest…
      • § 1250.230 Any person who claims a legal or equitable interest in the property described in the complaint may appear in the proceeding. Whether or not such person is…
      • § 1250.240 The plaintiff may join in one complaint all property located within the same county which is sought to be acquired for the same project.
      • § 1250.250 (a) If the only interest of the county or other taxing agency in the property described in the complaint is a lien for ad valorem taxes, the county or other…
   4. ARTICLE 4. Pleadings §§ 1250.310–1250.345 · 6 sections

      • § 1250.310 The complaint shall contain all of the following: (a) The names of all plaintiffs and defendants. (b) A description of the property sought to be taken. The…
      • § 1250.320 (a) The answer shall include a statement of the nature and extent of the interest the defendant claims in the property described in the complaint. (b) If the…
      • § 1250.325 (a) A defendant may file a disclaimer at any time, whether or not he is in default, and the disclaimer supersedes an answer previously filed by the defendant.…
      • § 1250.330 Where a party is represented by an attorney, his pleading need not be verified but shall be signed by the attorney for the party. The signature of the attorney…
      • § 1250.340 (a) Subject to subdivisions (b) and (c), the court may allow upon such terms and conditions as may be just an amendment or supplement to any pleading. In the…
      • § 1250.345 Subject to the power of the court to permit an amendment of the answer, if the defendant fails to object to the complaint, either by demurrer or answer, he is…
   5. ARTICLE 5. Objections to Right to Take §§ 1250.350–1250.370 · 3 sections

      • § 1250.350 A defendant may object to the plaintiff’s right to take, by demurrer or answer as provided in Section 430.30, on any ground authorized by Section 1250.360 or…
      • § 1250.360 Grounds for objection to the right to take, regardless of whether the plaintiff has adopted a resolution of necessity that satisfies the requirements of…
      • § 1250.370 In addition to the grounds listed in Section 1250.360, grounds for objection to the right to take where the plaintiff has not adopted a resolution of necessity…
   6. ARTICLE 6. Settlement Offers and Alternative Dispute Resolution §§ 1250.410–1250.430 · 3 sections

      • § 1250.410 (a) At least 20 days prior to the date of the trial on issues relating to compensation, the plaintiff shall file with the court and serve on the defendant its…
      • § 1250.420 The parties may by agreement refer a dispute that is the subject of an eminent domain proceeding for resolution by any of the following means: (a) Mediation by…
      • § 1250.430 Notwithstanding any other statute or rule of court governing the date of trial of an eminent domain proceeding, on motion of a party the court may postpone the…
6. CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment §§ 1255.010–1255.480 · 22 sections

   1. ARTICLE 1. Deposit of Probable Compensation §§ 1255.010–1255.080 · 9 sections

      • § 1255.010 (a) At any time before entry of judgment, the plaintiff may deposit with the State Treasury the probable amount of compensation, based on an appraisal, that…
      • § 1255.020 (a) On making a deposit pursuant to Section 1255.010, the plaintiff shall serve a notice of deposit on all parties who have appeared in the proceeding and file…
      • § 1255.030 (a) At any time after a deposit has been made pursuant to this article, the court shall, upon motion of the plaintiff or of any party having an interest in the…
      • § 1255.040 (a) If the plaintiff has not made a deposit that satisfies the requirements of this article and the property includes a dwelling containing not more than two…
      • § 1255.050 If the property to be taken is subject to a leasehold interest and the plaintiff has not made a deposit that satisfies the requirements of this article, the…
      • § 1255.060 (a) The amount deposited or withdrawn pursuant to this chapter may not be given in evidence or referred to in the trial of the issue of compensation. (b) In…
      • § 1255.070 In lieu of depositing the money with the State Treasury as provided in Section 1255.010, upon written request of the plaintiff, the court shall order the money…
      • § 1255.075 (a) Prior to entry of judgment, a defendant who has an interest in the property for which a deposit has been made under this chapter may, upon notice to the…
      • § 1255.080 By depositing the probable compensation pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to…
   2. ARTICLE 2. Withdrawal of Deposit §§ 1255.210–1255.280 · 7 sections

      • § 1255.210 Prior to entry of judgment, any defendant may apply to the court for the withdrawal of all or any portion of the amount deposited. The application shall be…
      • § 1255.220 Subject to the requirements of this article, the court shall order the amount requested in the application, or such portion of that amount as the applicant is…
      • § 1255.230 (a) No withdrawal may be ordered until 20 days after service on the plaintiff of a copy of the application or until the time for all objections has expired,…
      • § 1255.240 (a) If the court determines that an applicant is entitled to withdraw any portion of a deposit that another party claims or to which another person may be…
      • § 1255.250 (a) If the amount originally deposited is increased pursuant to Section 1255.030 and the total amount sought to be withdrawn exceeds the amount of the original…
      • § 1255.260 If any portion of the money deposited pursuant to this chapter is withdrawn, the receipt of any such money shall constitute a waiver by operation of law of all…
      • § 1255.280 (a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in the eminent domain…
   3. ARTICLE 3. Possession Prior to Judgment §§ 1255.410–1255.480 · 6 sections

      • § 1255.410 (a) At the time of filing the complaint or at any time after filing the complaint and prior to entry of judgment, the plaintiff may move the court for an order…
      • § 1255.440 If an order has been made under Section 1255.410 authorizing the plaintiff to take possession of property and the court subsequently determines that the…
      • § 1255.450 (a) As used in this section, “record owner” means the owner of the legal or equitable title to the fee or any lesser interest in property as shown by recorded…
      • § 1255.460 An order for possession issued pursuant to Section 1255.410 shall: (a) Recite that it has been made under this section. (b) Describe the property to be…
      • § 1255.470 By taking possession pursuant to this chapter, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right…
      • § 1255.480 Nothing in this article limits the right of a public entity to exercise its police power in emergency situations.
7. CHAPTER 7. Discovery; Exchange of Valuation Data §§ 1258.010–1258.300 · 13 sections

   1. ARTICLE 1. Discovery §§ 1258.010–1258.030 · 3 sections

      • § 1258.010 The provisions of this chapter supplement but do not replace, restrict, or prevent the use of discovery procedures or limit the matters that are discoverable…
      • § 1258.020 (a) Notwithstanding any other statute or any court rule relating to discovery, proceedings pursuant to subdivision (b) may be had without requirement of court…
      • § 1258.030 Nothing in this chapter makes admissible any evidence that is not otherwise admissible or permits a witness to base an opinion on any matter that is not a…
   2. ARTICLE 2. Exchange of Valuation Data §§ 1258.210–1258.300 · 10 sections

      • § 1258.210 (a) Not later than the 10th day after the trial date is selected, any party may file and serve on any other party a demand to exchange lists of expert…
      • § 1258.220 (a) For the purposes of this article, the “date of exchange” is the date agreed to for the exchange of their lists of expert witnesses and statements of…
      • § 1258.230 (a) Not later than the date of exchange: (1) Each party who served a demand and each party upon whom a demand was served shall deposit with the clerk of the…
      • § 1258.240 The list of expert witnesses shall include the name, business or residence address, and business, occupation, or profession of each person intended to be…
      • § 1258.250 A statement of valuation data shall be exchanged for each person the party intends to call as a witness to testify to his opinion as to any of the following…
      • § 1258.260 (a) The statement of valuation data shall give the name and business or residence address of the witness and shall include a statement whether the witness will…
      • § 1258.270 (a) A party who is required to exchange lists of expert witnesses and statements of valuation data shall diligently give notice to the parties upon whom his…
      • § 1258.280 Except as provided in Section 1258.290, upon objection of a party who has served his list of expert witnesses and statements of valuation data in compliance…
      • § 1258.290 (a) The court may, upon such terms as may be just (including but not limited to continuing the trial for a reasonable period of time and awarding costs and…
      • § 1258.300 The superior court in any county may provide by court rule a procedure for the exchange of valuation data which shall be used in lieu of the procedure provided…
8. CHAPTER 8. Procedures for Determining Right to Take and Compensation §§ 1260.010–1260.250 · 11 sections

   1. ARTICLE 1. General Provisions §§ 1260.010–1260.040 · 4 sections

      • § 1260.010 Proceedings under this title take precedence over all other civil actions in the matter of setting the same for hearing or trial in order that such proceedings…
      • § 1260.020 (a) If proceedings to acquire the same property are consolidated, the court shall first determine whether the public uses for which the property is sought are…
      • § 1260.030 (a) If there is a dispute between plaintiff and defendant whether particular property is an improvement pertaining to the realty, either party may, not later…
      • § 1260.040 (a) If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party…
   2. ARTICLE 2. Contesting Right to Take §§ 1260.110–1260.120 · 2 sections

      • § 1260.110 (a) Where objections to the right to take are raised, unless the court orders otherwise, they shall be heard and determined prior to the determination of the…
      • § 1260.120 (a) The court shall hear and determine all objections to the right to take. (b) If the court determines that the plaintiff has the right to acquire by eminent…
   3. ARTICLE 3. Procedures Relating to Determination of Compensation §§ 1260.210–1260.250 · 5 sections

      • § 1260.210 (a) The defendant shall present his evidence on the issue of compensation first and shall commence and conclude the argument. (b) Except as otherwise provided…
      • § 1260.220 (a) Except as provided in subdivision (b), where there are divided interests in property acquired by eminent domain, the value of each interest and the injury,…
      • § 1260.230 As far as practicable, the trier of fact shall assess separately each of the following: (a) Compensation for the property taken as required by Article 4…
      • § 1260.240 Where any persons unknown or any deceased persons or the heirs and devisees of any deceased persons have been properly joined as defendants but have not…
      • § 1260.250 (a) In a county where both the auditor and the tax collector are elected officials, the court shall by order give the auditor or tax collector the legal…
9. CHAPTER 9. Compensation §§ 1263.010–1263.770 · 39 sections

   1. ARTICLE 1. General Provisions §§ 1263.010–1263.025 · 4 sections

      • § 1263.010 (a) The owner of property acquired by eminent domain is entitled to compensation as provided in this chapter. (b) Nothing in this chapter affects any rights…
      • § 1263.015 At the request of an owner of property acquired by eminent domain, the public entity may enter into an agreement with the owner specifying the manner of…
      • § 1263.020 Except as otherwise provided by law, the right to compensation shall be deemed to have accrued at the date of filing the complaint.
      • § 1263.025 (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…
   2. ARTICLE 2. Date of Valuation §§ 1263.110–1263.150 · 5 sections

      • § 1263.110 (a) Unless an earlier date of valuation is applicable under this article, if the plaintiff deposits the probable compensation in accordance with Article 1…
      • § 1263.120 If the issue of compensation is brought to trial within one year after commencement of the proceeding, the date of valuation is the date of commencement of the…
      • § 1263.130 Subject to Section 1263.110, if the issue of compensation is not brought to trial within one year after commencement of the proceeding, the date of valuation…
      • § 1263.140 Subject to Section 1263.110, if a new trial is ordered by the trial or appellate court and the new trial is not commenced within one year after the…
      • § 1263.150 Subject to Section 1263.110, if a mistrial is declared and the retrial is not commenced within one year after the commencement of the proceeding, the date of…
   3. ARTICLE 3. Compensation for Improvements §§ 1263.205–1263.270 · 7 sections

      • § 1263.205 (a) As used in this article, “improvements pertaining to the realty” include any machinery or equipment installed for use on property taken by eminent domain,…
      • § 1263.210 (a) Except as otherwise provided by statute, all improvements pertaining to the realty shall be taken into account in determining compensation. (b) Subdivision…
      • § 1263.230 (a) Improvements pertaining to the realty shall not be taken into account in determining compensation to the extent that they are removed or destroyed before…
      • § 1263.240 Improvements pertaining to the realty made subsequent to the date of service of summons shall not be taken into account in determining compensation unless one…
      • § 1263.250 (a) The acquisition of property by eminent domain shall not prevent the defendant from harvesting and marketing crops planted before or after the service of…
      • § 1263.260 Notwithstanding Section 1263.210, the owner of improvements pertaining to the realty may elect to remove any or all such improvements by serving on the…
      • § 1263.270 Where an improvement pertaining to the realty is located in part upon property taken and in part upon property not taken, the court may, on motion of any party…
   4. ARTICLE 4. Measure of Compensation for Property Taken §§ 1263.310–1263.330 · 4 sections

      • § 1263.310 Compensation shall be awarded for the property taken. The measure of this compensation is the fair market value of the property taken.
      • § 1263.320 (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but…
      • § 1263.321 A just and equitable method of determining the value of nonprofit, special use property for which there is no relevant, comparable market is as set forth in…
      • § 1263.330 The fair market value of the property taken shall not include any increase or decrease in the value of the property that is attributable to any of the…
   5. ARTICLE 5. Compensation for Injury to Remainder §§ 1263.410–1263.450 · 5 sections

      • § 1263.410 (a) Where the property acquired is part of a larger parcel, in addition to the compensation awarded pursuant to Article 4 (commencing with Section 1263.310)…
      • § 1263.420 Damage to the remainder is the damage, if any, caused to the remainder by either or both of the following: (a) The severance of the remainder from the part…
      • § 1263.430 Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is taken in the manner proposed by…
      • § 1263.440 (a) The amount of any damage to the remainder and any benefit to the remainder shall reflect any delay in the time when the damage or benefit caused by the…
      • § 1263.450 Compensation for injury to the remainder shall be based on the project as proposed. Any features of the project which mitigate the damage or provide benefit to…
   6. ARTICLE 6. Compensation for Loss of Goodwill §§ 1263.510–1263.530 · 3 sections

      • § 1263.510 (a) The owner of a business conducted on the property taken, or on the remainder if the property is part of a larger parcel, shall be compensated for loss of…
      • § 1263.520 The owner of a business who claims compensation under this article shall make available to the court, and the court shall, upon such terms and conditions as…
      • § 1263.530 Nothing in this article is intended to deal with compensation for inverse condemnation claims for temporary interference with or interruption of business.
   7. ARTICLE 7. Miscellaneous Provisions §§ 1263.610–1263.620 · 3 sections

      • § 1263.610 A public entity and the owner of property to be acquired for public use may make an agreement that the public entity will: (a) Relocate for the owner any…
      • § 1263.615 (a) A public entity shall offer a one-year leaseback agreement to the owner of a property to be acquired by any method set forth in subdivision (b) for that…
      • § 1263.620 (a) Where summons is served during construction of an improvement or installation of machinery or equipment on the property taken or on the remainder if such…
   8. ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts §§ 1263.710–1263.770 · 8 sections

      • § 1263.710 (a) As used in this article, “remedial action” and “removal” shall have the meanings accorded to those terms in Sections 78125 and 78135, respectively, of the…
      • § 1263.711 As used in this article, “hazardous material” shall have the same meaning as that term is defined in Section 25260 of the Health and Safety Code, except that…
      • § 1263.720 (a) Upon petition of any party to the proceeding, the court in which the proceeding is brought shall specially set for hearing the issue of whether any…
      • § 1263.730 Where the required action is caused to be performed by the plaintiff, and the amount available to the trustee under this article is insufficient to meet the…
      • § 1263.740 The presence of any hazardous material within a property shall not be considered in appraising the property, for purposes of Section 1263.720, pursuant to…
      • § 1263.750 (a) Notwithstanding any action taken pursuant to this article, the plaintiff shall have available all remedies in law that are available to a purchaser of real…
      • § 1263.760 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.
      • § 1263.770 This article shall only apply to the acquisition of property by school districts.
10. CHAPTER 10. Divided Interests §§ 1265.010–1265.420 · 15 sections

    1. ARTICLE 1. General Provisions § 1265.010 · 1 section

       • § 1265.010 Although this chapter provides rules governing compensation for particular interests in property, it does not otherwise limit or affect the right to…
    2. ARTICLE 2. Leases §§ 1265.110–1265.160 · 6 sections

       • § 1265.110 Where all the property subject to a lease is acquired for public use, the lease terminates.
       • § 1265.120 Except as provided in Section 1265.130, where part of the property subject to a lease is acquired for public use, the lease terminates as to the part taken and…
       • § 1265.130 Where part of the property subject to a lease is acquired for public use, the court may, upon petition of any party to the lease, terminate the lease if the…
       • § 1265.140 The termination or partial termination of a lease pursuant to this article shall be at the earlier of the following times: (a) The time title to the property…
       • § 1265.150 Nothing in this article affects or impairs any right a lessee may have to compensation for the taking of his lease in whole or in part or for the taking of any…
       • § 1265.160 Nothing in this article affects or impairs the rights and obligations of the parties to a lease to the extent that the lease provides for such rights and…
    3. ARTICLE 3. Encumbrances §§ 1265.210–1265.250 · 6 sections

       • § 1265.210 As used in this article, “lien” means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or…
       • § 1265.220 Where property acquired by eminent domain is encumbered by a lien and the indebtedness secured thereby is not due at the time of the entry of judgment, the…
       • § 1265.225 (a) Where there is a partial taking of property encumbered by a lien, the lienholder may share in the award only to the extent determined by the court to be…
       • § 1265.230 (a) This section applies only where there is a partial taking of property encumbered by a lien and the part taken or some portion of it is also encumbered by a…
       • § 1265.240 Where the property acquired for public use is encumbered by a lien, the amount payable to the lienholder shall not include any penalty for prepayment.
       • § 1265.250 (a) As used in this section: (1) “Fixed lien special assessment” means a nonrecurring assessment levied on property in a fixed amount by a local public entity…
    4. ARTICLE 4. Future Interests §§ 1265.410–1265.420 · 2 sections

       • § 1265.410 (a) Where the acquisition of property for public use violates a use restriction coupled with a contingent future interest granting a right to possession of the…
       • § 1265.420 Where property acquired for public use is subject to a life tenancy, upon petition of the life tenant or any other person having an interest in the property,…
11. CHAPTER 11. Postjudgment Procedure §§ 1268.010–1268.720 · 31 sections

    1. ARTICLE 1. Payment of Judgment; Final Order of Condemnation §§ 1268.010–1268.030 · 3 sections

       • § 1268.010 (a) Not later than 30 days after final judgment, or 30 days after the conclusion of any other court proceedings, including any federal court proceedings,…
       • § 1268.020 (a) If the plaintiff fails to pay the full amount required by the judgment within the time specified in Section 1268.010, the defendant may: (1) If the…
       • § 1268.030 (a) Upon application of any party, the court shall make a final order of condemnation if the full amount of the judgment has been paid as required by Section…
    2. ARTICLE 2. Deposit and Withdrawal of Award §§ 1268.110–1268.170 · 7 sections

       • § 1268.110 (a) Except as provided in subdivision (b), the plaintiff may, at any time after entry of judgment, deposit with the court for the persons entitled thereto the…
       • § 1268.120 If the deposit is made under Section 1268.110 prior to apportionment of the award, the plaintiff shall serve a notice that the deposit has been made on all of…
       • § 1268.130 At any time after the plaintiff has made a deposit upon the award pursuant to Section 1268.110, the court may, upon motion of any defendant, order the…
       • § 1268.140 (a) After entry of judgment, any defendant who has an interest in the property for which a deposit has been made may apply for and obtain a court order that he…
       • § 1268.150 (a) Except as provided in subdivision (b), when money is deposited as provided in this article, the court shall order the money to be deposited in the State…
       • § 1268.160 (a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in the eminent domain…
       • § 1268.170 By making a deposit pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to…
    3. ARTICLE 3. Possession After Judgment §§ 1268.210–1268.240 · 4 sections

       • § 1268.210 (a) If the plaintiff is not in possession of the property to be taken, the plaintiff may, at any time after entry of judgment, apply ex parte to the court for…
       • § 1268.220 (a) The plaintiff shall serve a copy of the order for possession upon each defendant and his attorney, either personally or by mail: (1) At least 30 days prior…
       • § 1268.230 By taking possession pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right…
       • § 1268.240 Nothing in this article limits the right of a public entity to exercise its police power in emergency situations.
    4. ARTICLE 4. Interest §§ 1268.310–1268.360 · 7 sections

       • § 1268.310 The compensation awarded in the proceeding shall draw interest, computed as prescribed by Section 1268.350, from the earliest of the following dates: (a) The…
       • § 1268.311 In any inverse condemnation proceeding in which interest is awarded, the interest shall be computed as prescribed by Section 1268.350.
       • § 1268.320 The compensation awarded in the proceeding shall cease to draw interest at the earliest of the following dates: (a) As to any amount deposited pursuant to…
       • § 1268.330 If, after the date that interest begins to accrue, the defendant: (a) Continues in actual possession of the property, the value of that possession shall be…
       • § 1268.340 Interest, including interest accrued due to possession of property by the plaintiff prior to judgment, and any offset against interest as provided in Section…
       • § 1268.350 (a) As used in this section, “apportionment rate” means the apportionment rate calculated by the Controller as the rate of earnings by the Surplus Money…
       • § 1268.360 The interest payable for each calendar quarter shall draw interest, computed as prescribed by Section 1268.350, in each succeeding calendar quarter for which…
    5. ARTICLE 5. Proration of Property Taxes §§ 1268.410–1268.450 · 5 sections

       • § 1268.410 As between the plaintiff and defendant, the plaintiff is liable for any ad valorem taxes, penalties, and costs upon property acquired by eminent domain…
       • § 1268.420 (a) Except as provided in subdivision (b): (1) If the acquisition of property by eminent domain will make the property exempt property as defined in Section…
       • § 1268.430 (a) If the defendant has paid any amount for which, as between the plaintiff and defendant, the plaintiff is liable under this article, the plaintiff shall pay…
       • § 1268.440 (a) If taxes have been paid on property that is exempt property as defined in Section 5081 of the Revenue and Taxation Code, the amount of the taxes that, if…
       • § 1268.450 If property acquired by eminent domain does not have a separate valuation on the assessment roll, any party to the eminent domain proceeding may, at any time…
    6. ARTICLE 6. Abandonment § 1268.510 · 1 section

       • § 1268.510 (a) At any time after the filing of the complaint and before the expiration of 30 days after final judgment, the plaintiff may wholly or partially abandon the…
    7. ARTICLE 7. Litigation Expenses and Damages Upon Dismissal or Defeat of Right to Take §§ 1268.610–1268.620 · 2 sections

       • § 1268.610 (a) Subject to subdivisions (b) and (c), the court shall award the defendant his or her litigation expenses whenever: (1) The proceeding is wholly or partly…
       • § 1268.620 If, after the defendant moves from property in compliance with an order or agreement for possession or in reasonable contemplation of its taking by the…
    8. ARTICLE 8. Costs §§ 1268.710–1268.720 · 2 sections

       • § 1268.710 The defendants shall be allowed their costs, including the costs of determining the apportionment of the award made pursuant to subdivision (b) of Section…
       • § 1268.720 Unless the court otherwise orders, whether or not he is the prevailing party, the defendant in the proceeding shall be allowed his costs on appeal. This…
12. CHAPTER 12. Arbitration of Compensation in Acquisitions of Property for Public Use §§ 1273.010–1273.050 · 5 sections

    • § 1273.010 (a) Any person authorized to acquire property for public use may enter into an agreement to arbitrate any controversy as to the compensation to be made in…
    • § 1273.020 (a) Notwithstanding Sections 1283.2 and 1284.2, the party acquiring the property shall pay all of the expenses and fees of the neutral arbitrator and the…
    • § 1273.030 (a) Except as specifically provided in this chapter, agreements authorized by this chapter are subject to Title 9 (commencing with Section 1280) of this part.…
    • § 1273.040 (a) Except as provided in subdivision (b), an agreement authorized by this chapter may specify the terms and conditions under which the party acquiring the…
    • § 1273.050 (a) An agreement authorized by this chapter may be acknowledged and recorded, and rerecorded, in the same manner and with the same effect as a conveyance of…