reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 1250.320 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 4 - Pleadings|Section 1250.320.

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 defendant seeks compensation provided in Article 6 (commencing with Section 1263.510) (goodwill) of Chapter 9, the answer shall include a statement that the defendant claims compensation under Section 1263.510, but the answer need not specify the amount of that compensation.(c) If the defendant seeks compensation as provided in Article 1 (commencing with Section 1245.010) of Chapter 4, the answer shall include a statement that the defendant claims compensation under Section 1245.060, but need not specify the amount of that compensation.(d) If the defendant seeks compensation for losses caused by the plaintiff’s unreasonable conduct prior to commencing the eminent domain proceeding, the answer shall include a statement that the defendant claims compensation for that loss, but need not specify the amount of the compensation.(Amended by Stats. 2021, Ch. 401, Sec. 5. (AB 1578) Effective January 1, 2022.)
CA Civ Pro Code § 1250.325 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 4 - Pleadings|Section 1250.325.

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. The disclaimer need not be in any particular form. It shall contain a statement that the defendant claims no interest in the property or in the compensation that may be awarded. Notwithstanding Section 1250.330, the disclaimer shall be signed by the defendant.(b) Subject to subdivision (c), a defendant who has filed a disclaimer has no right to participate in further proceedings or to share in the compensation awarded.(c) The court may implement the disclaimer by appropriate orders including, where justified, awarding costs and litigation expenses.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.330 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 4 - Pleadings|Section 1250.330.

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 constitutes a certificate by him that he has read the pleading and that to the best of his knowledge, information, and belief there is ground to support it. If the pleading is not signed or is signed with intent to defeat the purposes of this section, it may be stricken.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.340 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 4 - Pleadings|Section 1250.340.

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 case of an amendment or supplement to the complaint, such terms and conditions may include a change in the applicable date of valuation for the proceeding and an award of costs and litigation expenses which would not have been incurred had the proceeding as originally commenced been the same as the proceeding following such amendment or supplement.(b) A public entity may add to the property sought to be taken only if it has adopted a resolution of necessity that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4 for the property to be added.(c) Property previously sought to be taken may be deleted from the complaint only if the plaintiff has followed the procedure for partial abandonment of the proceeding as to that property.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.345 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 4 - Pleadings|Section 1250.345.

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 deemed to have waived the objection.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.350 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 5 - Objections to Right to Take|Section 1250.350.

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 Section 1250.370. The demurrer or answer shall state the specific ground upon which the objection is taken and, if the objection is taken by answer, the specific facts upon which the objection is based. An objection may be taken on more than one ground, and the grounds may be inconsistent.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.360 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 5 - Objections to Right to Take|Section 1250.360.

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 Article 2 (commencing with Section 1245.210) of Chapter 4, include:(a) The plaintiff is not authorized by statute to exercise the power of eminent domain for the purpose stated in the complaint.(b) The stated purpose is not a public use.(c) The plaintiff does not intend to devote the property described in the complaint to the stated purpose.(d) There is no reasonable probability that the plaintiff will devote the described property to the stated purpose within (1) seven years, or (2) 10 years where the property is taken pursuant to the Federal Aid Highway Act of 1973, or (3) such longer period as is reasonable.(e) The described property is not subject to acquisition by the power of eminent domain for the stated purpose.(f) The described property is sought to be acquired pursuant to Section 1240.410 (excess condemnation), 1240.510 (condemnation for compatible use), or 1240.610 (condemnation for more necessary public use), but the acquisition does not satisfy the requirements of those provisions.(g) The described property is sought to be acquired pursuant to Section 1240.610 (condemnation for more necessary public use), but the defendant has the right under Section 1240.630 to continue the public use to which the property is appropriated as a joint use.(h) Any other ground provided by law.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.370 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 5 - Objections to Right to Take|Section 1250.370.

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 that conclusively establishes the matters referred to in Section 1240.030 include:(a) The plaintiff is a public entity and has not adopted a resolution of necessity that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4.(b) The public interest and necessity do not require the proposed project.(c) The proposed project is not planned or located in the manner that will be most compatible with the greatest public good and the least private injury.(d) The property described in the complaint is not necessary for the proposed project.(e) The plaintiff is a quasi-public entity within the meaning of Section 1245.320 and has not satisfied the requirements of Article 3 (commencing with Section 1245.310) of Chapter 4.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.410 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 6 - Settlement Offers and Alternative Dispute Resolution|Section 1250.410.

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 final offer of compensation in the proceeding and the defendant shall file and serve on the plaintiff its final demand for compensation in the proceeding. The offer and the demand shall include all compensation required pursuant to this title, including compensation for loss of goodwill, if any, and shall state whether interest and costs are included. These offers and demands shall be the only offers and demands considered by the court in determining the entitlement, if any, to litigation expenses. Service shall be in the manner prescribed by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.(b) If the court, on motion of the defendant made within 30 days after entry of judgment, finds that the offer of the plaintiff was unreasonable and that the demand of the defendant was reasonable viewed in the light of the evidence admitted and the compensation awarded in the proceeding, the costs allowed pursuant to Section 1268.710 shall include the defendant’s litigation expenses.(c) In determining the amount of litigation expenses allowed under this section, the court shall consider the offer required to be made by the plaintiff pursuant to Section 7267.2 of the Government Code, any deposit made by the plaintiff pursuant to Chapter 6 (commencing with Section 1255.010), and any other written offers and demands filed and served before or during the trial.(d) If timely made, the offers and demands as provided in subdivision (a) shall be considered by the court on the issue of determining an entitlement to litigation expenses.(e) As used in this section, “litigation expenses” means the party’s reasonable attorney’s fees and costs, including reasonable expert witness and appraiser fees.(Amended by Stats. 2006, Ch. 594, Sec. 1. Effective January 1, 2007.)
CA Civ Pro Code § 1250.420 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 6 - Settlement Offers and Alternative Dispute Resolution|Section 1250.420.

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 a neutral mediator.(b) Binding arbitration by a neutral arbitrator. The arbitration is subject to Chapter 12 (commencing with Section 1273.010).(c) Nonbinding arbitration by a neutral arbitrator. The arbitrator’s decision in a nonbinding arbitration is final unless within 30 days after service of the arbitrator’s decision a party moves the court for a trial of the eminent domain proceeding. If the judgment in the eminent domain proceeding is not more favorable to the moving party, the court shall order that party to pay to the other parties the following nonrefundable costs and fees, unless the court finds in writing and on motion that the imposition of costs and fees would create such a substantial economic hardship as not to be in the interest of justice:(1) All costs specified in Section 1033.5, limited to those incurred from the time of election of the trial de novo. Nothing in this subdivision affects the right of a defendant to recover costs otherwise allowable pursuant to Section 1268.710, incurred before election of a trial de novo, except that a defendant may recover the costs of determining the apportionment of the award made pursuant to subdivision (b) of Section 1260.220 whenever incurred.(2) The reasonable costs of the services of expert witnesses who are not regular employees of any party, actually incurred and reasonably necessary in the preparation or trial of the case, limited to those incurred from the time of election of the trial de novo.(3) The compensation paid by the parties to the arbitrator.(Added by Stats. 2001, Ch. 428, Sec. 3. Effective January 1, 2002.)
CA Civ Pro Code § 1250.430 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 6 - Settlement Offers and Alternative Dispute Resolution|Section 1250.430.

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 date of trial for a period that appears adequate to enable resolution of a dispute pursuant to alternative resolution procedures, if it is demonstrated to the satisfaction of the court that all of the following conditions are satisfied:(a) The parties are actively engaged in alternative resolution of the dispute pursuant to Section 1250.420.(b) The parties appear to be making progress toward resolution of the dispute without the need for a trial of the matter.(c) The parties agree that additional time for the purpose of alternative dispute resolution is desirable.(Added by Stats. 2001, Ch. 428, Sec. 4. Effective January 1, 2002.)
CA Civ Pro Code § 1255.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment|ARTICLE 1 - Deposit of Probable Compensation|Section 1255.010.

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 will be awarded in the proceeding. The appraisal upon which the deposit is based shall be one that satisfies the requirements of subdivision (b). The deposit may be made whether or not the plaintiff applies for an order for possession or intends to do so.(b) Before making a deposit under this section, the plaintiff shall have an expert qualified to express an opinion as to the value of the property (1) make an appraisal of the property and (2) prepare a written statement of, or summary of the basis for, the appraisal. The statement or summary shall contain detail sufficient to indicate clearly the basis for the appraisal, including, but not limited to, all of the following information:(A) The date of valuation, highest and best use, and applicable zoning of the property.(B) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the appraisal.(C) If the appraisal includes compensation for damages to the remainder, the compensation for the property and for damages to the remainder separately stated, and the calculations and a narrative explanation supporting the compensation, including any offsetting benefits.(c) On noticed motion, or upon ex parte application in an emergency, the court may permit the plaintiff to make a deposit without prior compliance with subdivision (b) if the plaintiff presents facts by affidavit showing that (1) good cause exists for permitting an immediate deposit to be made, (2) an adequate appraisal has not been completed and cannot reasonably be prepared before making the deposit, and (3) the amount of the deposit to be made is not less than the probable amount of compensation that the plaintiff, in good faith, estimates will be awarded in the proceeding. In its order, the court shall require that the plaintiff comply with subdivision (b) within a reasonable time, to be specified in the order, and also that any additional amount of compensation shown by the appraisal required by subdivision (b) be deposited within that time.(Amended by Stats. 2001, Ch. 428, Sec. 5. Effective January 1, 2002.)
CA Civ Pro Code § 1255.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment|ARTICLE 1 - Deposit of Probable Compensation|Section 1255.020.

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 with the court a proof of service together with the notice of deposit. The plaintiff shall so serve parties who appear thereafter on their appearance. The notice of deposit shall state that a deposit has been made and the date and the amount of the deposit. Service of the notice of deposit shall be made in the manner provided in Section 1255.450 for service of an order for possession.(b) The notice of deposit shall be accompanied by a written statement or summary of the basis for the appraisal referred to in Section 1255.010.(c) If the plaintiff has obtained an order under Section 1255.010 deferring completion of the written statement or summary, the plaintiff:(1) On making the deposit, shall comply with subdivision (a) and include with the notice a copy of all affidavits on which the order was based.(2) Upon completion of the written statement or summary, shall comply with subdivision (b).(Amended by Stats. 1990, Ch. 1491, Sec. 10.)
CA Civ Pro Code § 1255.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment|ARTICLE 1 - Deposit of Probable Compensation|Section 1255.040.

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 residential units and the dwelling or one of its units is occupied as his or her residence by a defendant, the defendant may serve notice on the plaintiff requiring a deposit of the probable amount of compensation that will be awarded in the proceeding. The notice shall specify the date by which the defendant desires the deposit to be made. The date shall not be earlier than 30 days after the date of service of the notice and may be any later date.(b) If the plaintiff deposits the probable amount of compensation, determined or redetermined as provided in this article, on or before the date specified by the defendant, the plaintiff may obtain an order for possession that authorizes the plaintiff to take possession of the property 30 days after the date for the deposit specified by the defendant or any later date as the plaintiff may request.(c) Notwithstanding Section 1268.310, if the deposit is not made on or before the date specified by the defendant or such later date as the court specifies on motion and good cause shown by the plaintiff, the compensation awarded to the defendant in the proceeding shall draw legal interest from that date. The defendant is entitled to the full amount of such interest without offset for rents or other income received by him or her or the value of his or her continued possession of the property.(d) If the proceeding is abandoned by the plaintiff, the interest under subdivision (c) may be recovered as costs in the proceeding in the manner provided for the recovery of litigation expenses under Section 1268.610. If, in the proceeding, the court or a jury verdict eventually determines the compensation that would have been awarded to the defendant, then the interest shall be computed on the amount of the award. If no determination is ever made, then the interest shall be computed on the probable amount of compensation as determined by the court.(e) The serving of a notice pursuant to this section constitutes a waiver by operation of law, conditioned upon subsequent deposit by the plaintiff of the probable amount of compensation, of all claims and defenses in favor of the defendant except his or her claim for greater compensation.(f) Notice of a deposit made under this section shall be served as provided by subdivision (a) of Section 1255.020. The defendant may withdraw the deposit as provided in Article 2 (commencing with Section 1255.210).(g) No notice may be served by a defendant under subdivision (a) after entry of judgment unless the judgment is reversed, vacated, or set aside and no other judgment has been entered at the time the notice is served.(Amended by Stats. 2006, Ch. 594, Sec. 2. Effective January 1, 2007.)
CA Civ Pro Code § 1255.050 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment|ARTICLE 1 - Deposit of Probable Compensation|Section 1255.050.

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 lessor may serve notice on the plaintiff requiring a deposit of the probable amount of compensation that will be awarded in the proceeding in the same manner and subject to the same procedures and conditions as a motion pursuant to Section 1255.040 except that, if the plaintiff fails to make the deposit, the interest awarded shall be offset by the lessor’s net rental profits on the property.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1255.060 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment|ARTICLE 1 - Deposit of Probable Compensation|Section 1255.060.

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 the trial of the issue of compensation, an appraisal report, written statement and summary of an appraisal, or other statement made in connection with a deposit or withdrawal pursuant to this chapter may not be considered to be an admission of any party.(c) Upon objection of the party at whose request an appraisal report, written statement and summary of the appraisal, or other statement was made in connection with a deposit or withdrawal pursuant to this chapter, the person who made the report or statement and summary or other statement may not be called at the trial on the issue of compensation by any other party to give an opinion as to compensation. If the person who prepared the report, statement and summary, or other statement is called at trial to give an opinion as to compensation, the report, statement and summary, or other statement may be used for impeachment of the witness.(Amended by Stats. 2002, Ch. 295, Sec. 2. Effective January 1, 2003.)