reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 1245.270 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 2 - Resolution of Necessity|Section 1245.270.

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 following:(1) A member of the governing body who voted in favor of the resolution received or agreed to receive a bribe (as that term is defined in subdivision 6 of Section 7 of the Penal Code) involving adoption of the resolution.(2) But for the conduct described in paragraph (1), the resolution would not otherwise have been adopted.(b) Where there has been a prior criminal prosecution of the member for the conduct described in paragraph (1) of subdivision (a), proof of conviction shall be conclusive evidence that the requirement of paragraph (1) of subdivision (a) is satisfied, and proof of acquittal or other dismissal of the prosecution shall be conclusive evidence that the requirement of paragraph (1) of subdivision (a) is not satisfied. Where there is a pending criminal prosecution of the member for the conduct described in paragraph (1) of subdivision (a), the court may take such action as is just under the circumstances of the case.(c) Nothing in this section precludes a public entity from rescinding a resolution of necessity and adopting a new resolution as to the same property, subject to the same consequences as a conditional dismissal of the proceeding under Section 1260.120.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.310 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 3 - Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity|Section 1245.310.

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 taken by the quasi-public entity by eminent domain is located.(b) If property sought to be taken by the quasi-public entity is not located within city boundaries, the legislative body of each county within whose boundaries such property is located.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.320 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 3 - Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity|Section 1245.320.

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 by eminent domain under Section 94500 of the Education Code.(b) A nonprofit hospital that seeks to take property by eminent domain under Section 1260 of the Health and Safety Code.(c) A cemetery authority that seeks to take property by eminent domain under Section 8501 of the Health and Safety Code.(d) A limited-dividend housing corporation that seeks to take property by eminent domain under Section 34874 of the Health and Safety Code.(e) A land-chest corporation that seeks to take property by eminent domain under former Section 35167 of the Health and Safety Code.(f) A mutual water company that seeks to take property by eminent domain under Section 2729 of the Public Utilities Code.(Amended by Stats. 2006, Ch. 538, Sec. 67. Effective January 1, 2007.)
CA Civ Pro Code § 1245.325 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 3 - Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity|Section 1245.325.

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 to exercise the power of eminent domain shall be deemed to be a “quasi-public entity” for the purposes of this article.(b) In lieu of the requirements of subdivision (c) of Section 1245.340, the resolution required by this article shall contain a declaration that the legislative body has found and determined each of the following:(1) There is a great necessity for the taking.(2) The location of the easement affords the most reasonable service to the property to which it is appurtenant, consistent with the least damage to the burdened property.(3) The hardship to the owner of the appurtenant property, if the taking is not permitted, clearly outweighs any hardship to the owner of the burdened property.(Added by Stats. 1976, Ch. 994.)
CA Civ Pro Code § 1245.326 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 3 - Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity|Section 1245.326.

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 seeking to exercise the power of eminent domain shall be deemed to be a “quasi-public entity” for the purposes of this article.(b) In lieu of the requirements of subdivision (c) of Section 1245.340, the resolution required by this article shall contain a declaration that the legislative body has found and determined that each of the conditions required by Section 1002 of the Civil Code appears to exist.(Added by Stats. 1982, Ch. 1239, Sec. 2.)
CA Civ Pro Code § 1245.330 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 3 - Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity|Section 1245.330.

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 body has adopted a resolution consenting to the acquisition of such property by eminent domain.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.340 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 3 - Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity|Section 1245.340.

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 a reference to the statute that authorizes the quasi-public entity to acquire the property by eminent domain.(b) A description of the general location and extent of the property to be taken, with sufficient detail for reasonable identification.(c) A declaration that the legislative body has found and determined each of the following:(1) The public interest and necessity require the proposed project.(2) The proposed project is planned or located in the manner that will be most compatible with the greatest good and least private injury.(3) The property described in the resolution is necessary for the proposed project.(4) The hardship to the quasi-public entity if the acquisition of the property by eminent domain is not permitted outweighs any hardship to the owners of such property.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.350 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 3 - Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity|Section 1245.350.

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 after the legislative body has held a hearing at which persons whose property is to be acquired by eminent domain have had a reasonable opportunity to appear and be heard.(b) Notice of the hearing shall be sent by first-class mail to each person whose property is to be acquired by eminent domain if the name and address of the person appears on the last equalized county assessment roll (including the roll of state-assessed property). The notice shall state the time, place, and subject of the hearing and shall be mailed at least 15 days prior to the date of the hearing.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.360 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 3 - Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity|Section 1245.360.

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.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.370 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 3 - Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity|Section 1245.370.

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 legislative body may require that such costs be secured by payment or deposit or other satisfactory security in advance of any action by the legislative body under this article.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.380 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 3 - Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity|Section 1245.380.

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 satisfying the requirements of Section 1240.030 or any other requirements imposed by law.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1245.390 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 4 - Precondemnation Activities|ARTICLE 3 - Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity|Section 1245.390.

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 the project for which it is acquired.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 1 - Jurisdiction and Venue|Section 1250.010.

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 prosecuted in the superior court.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 1 - Jurisdiction and Venue|Section 1250.020.

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 property sought to be taken is situated in more than one county, the plaintiff may commence the proceeding in any one of such counties.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 1 - Jurisdiction and Venue|Section 1250.030.

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 proceeding.(b) Where the court changes the place of trial pursuant to Section 1250.040, the county to which the proceeding is transferred is the proper county for trial of the proceeding.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 1 - Jurisdiction and Venue|Section 1250.040.

1250.040.  The provisions of the Code of Civil Procedure for the change of place of trial of actions apply to eminent domain proceedings.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 2 - Commencement of Proceeding Generally|Section 1250.110.

1250.110.  An eminent domain proceeding is commenced by filing a complaint with the court.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.120 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 2 - Commencement of Proceeding Generally|Section 1250.120.

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 publication, in addition to the summons, the publication shall describe the property sought to be taken in a manner reasonably calculated to give persons with an interest in the property actual notice of the pending proceeding.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.125 (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 2 - Commencement of Proceeding Generally|Section 1250.125.

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 defendants to be served thereby have or claim interests.(b) Judgment based on failure to appear and answer following service under this section shall be conclusive against the defendants named in respect only to property described in the publication.(c) Notwithstanding subdivision (b), a defendant who did not receive the offer required by Section 7267.2 of the Government Code because the owner could not be located with reasonable diligence, who was served by publication, and who failed to appear, may contest the amount of compensation within one year of the judgment and for good cause shown, whereupon that issue shall be litigated according to the provisions of this title.(Amended by Stats. 1983, Ch. 1079, Sec. 2.)
CA Civ Pro Code § 1250.130 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 2 - Commencement of Proceeding Generally|Section 1250.130.

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 taken and (2), if not already recorded, to record a notice of the pendency of the proceeding in the manner provided by Section 1250.150. Such posting and recording shall be done not later than 10 days after the date the order is made.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.140 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 2 - Commencement of Proceeding Generally|Section 1250.140.

1250.140.  Where the state is a defendant, the summons and the complaint shall be served on the Attorney General.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.150 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 2 - Commencement of Proceeding Generally|Section 1250.150.

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 of any county in which property described in the complaint is located. A copy of the notice shall be served with the summons and complaint.(Amended by Stats. 1983, Ch. 78, Sec. 2.)
CA Civ Pro Code § 1250.210 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 3 - Parties; Joinder of Property|Section 1250.210.

1250.210.  Each person seeking to take property by eminent domain shall be named as a plaintiff.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.220 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 3 - Parties; Joinder of Property|Section 1250.220.

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 in the property described in the complaint.(b) If a person described in subdivision (a) is dead and the plaintiff knows of a duly qualified and acting personal representative of the estate of such person, the plaintiff shall name such personal representative as a defendant. If a person described in subdivision (a) is dead or is believed by the plaintiff to be dead and if plaintiff knows of no duly qualified and acting personal representative of the estate of such person and states these facts in an affidavit filed with the complaint, plaintiff may name as defendants “the heirs and devisees of ____ (naming such deceased person), deceased, and all persons claiming by, through, or under said decedent,“ naming them in that manner and, where it is stated in the affidavit that such person is believed by the plaintiff to be dead, such person also may be named as a defendant.(c) In addition to those persons described in subdivision (a), the plaintiff may name as defendants “all persons unknown claiming an interest in the property,” naming them in that manner.(d) A judgment rendered in a proceeding under this title is binding and conclusive upon all persons named as defendants as provided in this section and properly served.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.230 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 3 - Parties; Joinder of Property|Section 1250.230.

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 named as a defendant in the complaint, he shall appear as a defendant.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.240 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 3 - Parties; Joinder of Property|Section 1250.240.

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.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1250.250 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 5 - Commencement of Proceeding|ARTICLE 3 - Parties; Joinder of Property|Section 1250.250.

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 taxing agency need not be named as a defendant.(b) The holder of a lien that secures a special assessment or a bond representing the special assessment shall be named as a defendant, regardless of the nature of the special assessment and the manner of collection of the special assessment. The holder of the lien may, instead of an answer, certify to the court within 30 days after service of the summons and complaint on the holder all of the following information:(1) A complete description of the lien.(2) A description of the property encumbered by the lien.(3) The amount remaining due on the lien as of the date of the certificate.(4) The date upon which each installment payable on the lien is due and the amount of each installment.(c) A copy of the certification shall be sent by first-class mail to all parties to the proceeding at the time it is provided to the court. The filing of the certification or answer shall be considered as a general appearance.(Amended by Stats. 1981, Ch. 139, Sec. 1.)
CA Civ Pro Code § 1250.310 (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 1250.310.

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 description may, but is not required to, indicate the nature or extent of the interest of the defendant in the property.(c) If the plaintiff claims an interest in the property sought to be taken, the nature and extent of such interest.(d) A statement of the right of the plaintiff to take by eminent domain the property described in the complaint. The statement shall include:(1) A general statement of the public use for which the property is to be taken.(2) An allegation of the necessity for the taking as required by Section 1240.030; where the plaintiff is a public entity, a reference to its resolution of necessity; where the plaintiff is a quasi-public entity within the meaning of Section 1245.320, a reference to the resolution adopted pursuant to Article 3 (commencing with Section 1245.310) of Chapter 4; where the plaintiff is a nonprofit hospital, a reference to the certificate required by Section 1260 of the Health and Safety Code; where the plaintiff is a public utility and relies on a certification of the State Energy Resources Conservation and Development Commission or a requirement of that commission that development rights be acquired, a reference to such certification or requirement.(3) A reference to the statute that authorizes the plaintiff to acquire the property by eminent domain. Specification of the statutory authority may be in the alternative and may be inconsistent.(e) A map or diagram portraying as far as practicable the property described in the complaint and showing its location in relation to the project for which it is to be taken.(Amended by Stats. 1975, Ch. 1275.)