reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 1258.250 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 7 - Discovery; Exchange of Valuation Data|ARTICLE 2 - Exchange of Valuation Data|Section 1258.250.

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 matters:(a) The value of the property being taken.(b) The amount of the damage, if any, to the remainder of the larger parcel from which such property is taken.(c) The amount of the benefit, if any, to the remainder of the larger parcel from which such property is taken.(d) The amount of any other compensation required to be paid by Chapter 9 (commencing with Section 1263.010) or Chapter 10 (commencing with Section 1265.010). (Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1258.270 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 7 - Discovery; Exchange of Valuation Data|ARTICLE 2 - Exchange of Valuation Data|Section 1258.270.

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 list and statements were served if, after service of his list and statements, he:(1) Determines to call an expert witness not included in his list of expert witnesses to testify on direct examination during his case in chief;(2) Determines to have a witness called by him testify on direct examination during his case in chief to any opinion or data required to be listed in the statement of valuation data for that witness but which was not so listed; or(3) Discovers any data required to be listed in a statement of valuation data but which was not so listed.(b) The notice required by subdivision (a) shall include the information specified in Sections 1258.240 and 1258.260 and shall be in writing; but such notice is not required to be in writing if it is given after the commencement of the trial.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1258.280 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 7 - Discovery; Exchange of Valuation Data|ARTICLE 2 - Exchange of Valuation Data|Section 1258.280.

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 with Section 1258.230:(a) No party required to serve a list of expert witnesses on the objecting party may call an expert witness to testify on direct examination during his case in chief unless the information required by Section 1258.240 for such witness is included in the list served.(b) No party required to serve statements of valuation data on the objecting party may call a witness to testify on direct examination during his case in chief to his opinion on any matter listed in Section 1258.250 unless a statement of valuation data for such witness was served.(c) No witness called by a party required to serve statements of valuation data on the objecting party may testify on direct examination during the case in chief of the party who called him to any opinion or data required to be listed in the statement of valuation data for such witness unless such opinion or data is listed in the statement served except that testimony that is merely an explanation or elaboration of data so listed is not inadmissible under this subdivision. (Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1258.290 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 7 - Discovery; Exchange of Valuation Data|ARTICLE 2 - Exchange of Valuation Data|Section 1258.290.

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 litigation expenses), permit a party to call a witness, or permit a witness called by a party to testify to an opinion or data on direct examination, during the party’s case in chief where such witness, opinion, or data is required to be, but is not, included in such party’s list of expert witnesses or statements of valuation data if the court finds that such party has made a good faith effort to comply with Sections 1258.210 to 1258.260, inclusive, that he has complied with Section 1258.270, and that by the date of exchange he:(1) Would not in the exercise of reasonable diligence have determined to call such witness or discovered or listed such opinion or data; or(2) Failed to determine to call such witness or to discover or list such opinion or data through mistake, inadvertence, surprise, or excusable neglect.(b) In making a determination under this section, the court shall take into account the extent to which the opposing party has relied upon the list of expert witnesses and statements of valuation data and will be prejudiced if the witness is called or the testimony concerning such opinion or data is given.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1258.300 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 7 - Discovery; Exchange of Valuation Data|ARTICLE 2 - Exchange of Valuation Data|Section 1258.300.

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 by this article if the Judicial Council finds that such procedure serves the same purpose and is an adequate substitute for the procedure provided by this article.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1260.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 8 - Procedures for Determining Right to Take and Compensation|ARTICLE 1 - General Provisions|Section 1260.010.

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 shall be quickly heard and determined.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1260.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 8 - Procedures for Determining Right to Take and Compensation|ARTICLE 1 - General Provisions|Section 1260.020.

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 compatible within the meaning of Article 6 (commencing with Section 1240.510) of Chapter 3. If the court determines that the uses are compatible, it shall permit the proceeding to continue with the plaintiffs acting jointly. The court shall apportion the obligation to pay any award in the proceeding in proportion to the use, damage, and benefits attributable to each plaintiff.(b) If the court determines pursuant to subdivision (a) that the uses are not all compatible, it shall further determine which of the uses is the more necessary public use within the meaning of Article 7 (commencing with Section 1240.610) of Chapter 3. The court shall permit the plaintiff alleging the more necessary public use, along with any other plaintiffs alleging compatible public uses under subdivision (a), to continue the proceeding. The court shall dismiss the proceeding as to the other plaintiffs.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1260.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 8 - Procedures for Determining Right to Take and Compensation|ARTICLE 1 - General Provisions|Section 1260.030.

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 than 30 days prior to the date specified in an order for possession of the property, move the court for a determination whether the property is an improvement pertaining to the realty.(b) A motion under this section shall be heard not sooner than 10 days and not later than 20 days after service of notice of the motion. At the hearing, the court may consider any relevant evidence, including a view of the premises and property, in making its determinations.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1260.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 8 - Procedures for Determining Right to Take and Compensation|ARTICLE 1 - General Provisions|Section 1260.040.

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 may move the court for a ruling on the issue. The motion shall be made not later than 60 days before commencement of trial on the issue of compensation. The motion shall be heard by the judge assigned for trial of the case.(b) Notwithstanding any other statute or rule of court governing the date of final offers and demands of the parties and the date of trial of an eminent domain proceeding, the court may postpone those dates for a period sufficient to enable the parties to engage in further proceedings before trial in response to its ruling on the motion.(c) This section supplements, and does not replace any other pretrial or trial procedure otherwise available to resolve an evidentiary or other legal issue affecting the determination of compensation.(Added by Stats. 2001, Ch. 428, Sec. 9. Effective January 1, 2002.)
CA Civ Pro Code § 1260.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 8 - Procedures for Determining Right to Take and Compensation|ARTICLE 2 - Contesting Right to Take|Section 1260.110.

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 issue of compensation.(b) The court may, on motion of any party, after notice and hearing, specially set such objections for trial.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1260.120 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 8 - Procedures for Determining Right to Take and Compensation|ARTICLE 2 - Contesting Right to Take|Section 1260.120.

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 domain the property described in the complaint, the court shall so order. (c) If the court determines that the plaintiff does not have the right to acquire by eminent domain any property described in the complaint, it shall order either of the following:(1) Immediate dismissal of the proceeding as to that property.(2) Conditional dismissal of the proceeding as to that property unless such corrective and remedial action as the court may prescribe has been taken within the period prescribed by the court in the order. An order made under this paragraph may impose such limitations and conditions as the court determines to be just under the circumstances of the particular case including the requirement that the plaintiff pay to the defendant all or part of the reasonable litigation expenses necessarily incurred by the defendant because of the plaintiff’s failure or omission which constituted the basis of the objection to the right to take.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1260.210 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 8 - Procedures for Determining Right to Take and Compensation|ARTICLE 3 - Procedures Relating to Determination of Compensation|Section 1260.210.

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 by statute, neither the plaintiff nor the defendant has the burden of proof on the issue of compensation.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1260.220 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 8 - Procedures for Determining Right to Take and Compensation|ARTICLE 3 - Procedures Relating to Determination of Compensation|Section 1260.220.

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, if any, to the remainder of such interest shall be separately assessed and compensation awarded therefor.(b) The plaintiff may require that the amount of compensation be first determined as between plaintiff and all defendants claiming an interest in the property. Thereafter, in the same proceeding, the trier of fact shall determine the respective rights of the defendants in and to the amount of compensation awarded and shall apportion the award accordingly. Nothing in this subdivision limits the right of a defendant to present during the first stage of the proceeding evidence of the value of, or injury to, the property or the defendant’s interest in the property; and the right of a defendant to present evidence during the second stage of the proceeding is not affected by the failure to exercise the right to present evidence during the first stage of the proceeding.(Amended by Stats. 1978, Ch. 294.)
CA Civ Pro Code § 1260.230 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 8 - Procedures for Determining Right to Take and Compensation|ARTICLE 3 - Procedures Relating to Determination of Compensation|Section 1260.230.

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 (commencing with Section 1263.310) of Chapter 9.(b) When the property acquired is part of a larger parcel:(1) The amount of the damage, if any, to the remainder as required by Article 5 (commencing with Section 1263.410) of Chapter 9.(2) The amount of the benefit, if any, to the remainder as required by Article 5 (commencing with Section 1263.410) of Chapter 9.(c) Compensation for loss of goodwill, if any, as required by Article 6 (commencing with Section 1263.510) of Chapter 9.(d) Compensation claimed under subdivision (c) of Section 1250.320.(e) Compensation claimed under subdivision (d) of Section 1250.320.(Amended by Stats. 2021, Ch. 401, Sec. 6. (AB 1578) Effective January 1, 2022.)
CA Civ Pro Code § 1260.240 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 8 - Procedures for Determining Right to Take and Compensation|ARTICLE 3 - Procedures Relating to Determination of Compensation|Section 1260.240.

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 appeared either personally or by a personal representative, the court shall determine the extent of the interests of such defendants in the property taken or in the remainder if the property taken is part of a larger parcel and the compensation to be awarded for such interests. The court may determine the extent and value of the interests of all such defendants in the aggregate without apportionment between the respective defendants. In any event, in the case of deceased persons, the court shall determine only the extent and value of the interest of the decedent and shall not determine the extent and value of the separate interests of the heirs and devisees in such decedent’s interest.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 1 - General Provisions|Section 1263.010.

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 the owner of property acquired by eminent domain may have under any other statute. In any case where two or more statutes provide compensation for the same loss, the person entitled to compensation may be paid only once for that loss.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.015 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 1 - General Provisions|Section 1263.015.

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 payment of compensation to which the owner is entitled as the result of the acquisition. The agreement may provide that the compensation shall be paid by the public entity to the owner over a period not to exceed 10 years from the date the owner’s right to compensation accrues. The agreement may also provide for the payment of interest by the public entity; however, the rate of interest agreed upon may not exceed the maximum rate authorized by Section 16731 or 53531 of the Government Code, as applicable, in connection with the issuance of bonds.(Added by Stats. 1982, Ch. 1368, Sec. 1.)
CA Civ Pro Code § 1263.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 1 - General Provisions|Section 1263.020.

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.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.025 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 1 - General Provisions|Section 1263.025.

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 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.)
CA Civ Pro Code § 1263.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 2 - Date of Valuation|Section 1263.110.

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 (commencing with Section 1255.010) of Chapter 6 or the amount of the award in accordance with Article 2 (commencing with Section 1268.110) of Chapter 11, the date of valuation is the date on which the deposit is made.(b) Whether or not the plaintiff has taken possession of the property or obtained an order for possession, if the court determines pursuant to Section 1255.030 that the probable amount of compensation exceeds the amount previously deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 and the amount on deposit is not increased accordingly within the time allowed under Section 1255.030, no deposit shall be deemed to have been made for the purpose of this section.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.120 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 2 - Date of Valuation|Section 1263.120.

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 proceeding.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.130 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 2 - Date of Valuation|Section 1263.130.

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 is the date of the commencement of the trial unless the delay is caused by the defendant, in which case the date of valuation is the date of commencement of the proceeding.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.140 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 2 - Date of Valuation|Section 1263.140.

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 commencement of the proceeding, the date of valuation is the date of the commencement of such new trial unless, in the interest of justice, the court ordering the new trial orders a different date of valuation.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.150 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 2 - Date of Valuation|Section 1263.150.

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 valuation is the date of the commencement of the retrial of the case unless, in the interest of justice, the court declaring the mistrial orders a different date of valuation.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.205 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 3 - Compensation for Improvements|Section 1263.205.

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, or on the remainder if such property is part of a larger parcel, that cannot be removed without a substantial economic loss or without substantial damage to the property on which it is installed, regardless of the method of installation.(b) In determining whether particular property can be removed “without a substantial economic loss” within the meaning of this section, the value of the property in place considered as a part of the realty should be compared with its value if it were removed and sold.(Added by Stats. 1975, Ch. 1275.)