CHAPTER 5. Commencement of Proceeding [1250.010. - 1250.430.]

Chapter 5 added by Stats. 1975, Ch. 1275.

§§ 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…