reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 1265.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 2 - Leases|Section 1265.110.

1265.110.  Where all the property subject to a lease is acquired for public use, the lease terminates.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1265.120 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 2 - Leases|Section 1265.120.

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 remains in force as to the remainder, and the rent reserved in the lease that is allocable to the part taken is extinguished.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1265.130 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 2 - Leases|Section 1265.130.

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 court determines that an essential part of the property subject to the lease is taken or that the remainder of the property subject to the lease is no longer suitable for the purposes of the lease.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1265.140 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 2 - Leases|Section 1265.140.

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 is taken by the person who will put it to the public use.(b) The time the plaintiff is authorized to take possession of the property as stated in an order for possession.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1265.150 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 2 - Leases|Section 1265.150.

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 other property in which he has an interest.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1265.160 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 2 - Leases|Section 1265.160.

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 obligations in the event of the acquisition of all or a portion of the property for public use.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1265.210 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 3 - Encumbrances|Section 1265.210.

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 equity.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1265.220 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 3 - Encumbrances|Section 1265.220.

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 amount of such indebtedness may be, at the option of the plaintiff, deducted from the judgment and the lien shall be continued until such indebtedness is paid; but the amount for which, as between the plaintiff and the defendant, the plaintiff is liable under Article 5 (commencing with Section 1268.410) of Chapter 11 may not be deducted from the judgment.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1265.225 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 3 - Encumbrances|Section 1265.225.

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 necessary to prevent an impairment of the security, and the lien shall continue upon the part of the property not taken as security for the unpaid portion of the indebtedness.(b) Notwithstanding subdivision (a), the lienholder and the property owner may at any time after commencement of the proceeding agree that some or all of the award shall be apportioned to the lienholder on the indebtedness.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1265.230 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 3 - Encumbrances|Section 1265.230.

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 junior lien that extends to only a portion of the property encumbered by the senior lien. This section provides only for allocation of the portion of the award, if any, that will be available for payment to the junior and senior lienholders and does not provide for determination of the amount of such portion.(b) As used in this section, “impairment of security” means the security of the lienholder remaining after the taking, if any, is of less value in proportion to the remaining indebtedness than the value of the security before the taking was in proportion to the indebtedness secured thereby.(c) The portion of the award that will be available for payment to the senior and junior lienholders shall be allocated first to the senior lien up to the full amount of the indebtedness secured thereby and the remainder, if any, to the junior lien.(d) If the allocation under subdivision (c) would result in an impairment of the junior lienholder’s security, the allocation to the junior lien shall be adjusted so as to preserve the junior lienholder’s security to the extent that the remaining amount allocated to the senior lien, if paid to the senior lienholder, would not result in an impairment of the senior lienholder’s security.(e) The amounts allocated to the senior and junior liens by this section are the amounts of indebtedness owing to such senior and junior lienholders that are secured by their respective liens on the property taken, and any other indebtedness owing to the senior or junior lienholders shall not be considered as secured by the property taken. If the plaintiff makes the election provided in Section 1265.220, the indebtedness that is deducted from the judgment is the indebtedness so determined, and the lien shall continue until that amount of indebtedness is paid.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1265.240 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 3 - Encumbrances|Section 1265.240.

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.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1265.250 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 3 - Encumbrances|Section 1265.250.

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 for the capital expenditure for a specific improvement, whether collectible in a lump sum or in installments.(2) “Special annual assessment” means a recurring assessment levied on property annually in an indeterminate amount by a local public entity, whether for the capital expenditure for a specific improvement or for other purposes.(b) If property acquired by eminent domain is encumbered by the lien of a fixed lien special assessment or of a bond representing the fixed lien special assessment:(1) The amount of the lien shall be paid to the lienholder from the award or withheld from the award for payment pursuant to Section 1265.220.(2) Where there is a partial taking of the property, the amount of the lien prescribed in Section 1265.225 shall be paid to the lienholder from the award, or at the option of the lienholder the applicable statutory procedure, if any, for segregation and apportionment of the lien may be invoked and the amount apportioned to the part taken shall be paid to the lienholder from the award.(c) If property acquired by eminent domain is encumbered by the lien of a special annual assessment:(1) The amount of the lien prorated to, but not including, the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code, shall be paid to the lienholder from the award. As between the plaintiff and defendant, the plaintiff is liable for the amount of the lien prorated from and including the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code.(2) Where there is a partial taking of the property, the amount of the lien, reduced by the amount for which the plaintiff is liable pursuant to this paragraph, shall be paid to the lienholder from the award. As between the plaintiff and defendant, the plaintiff is liable for the amount of the lien allocable to the part taken for the current assessment year, determined to the extent practicable in the same manner and by the same method as the amount of the assessment on the property for the current assessment year was determined, prorated from and including the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code.(Added by Stats. 1980, Ch. 122, Sec. 2.)
CA Civ Pro Code § 1265.410 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 4 - Future Interests|Section 1265.410.

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 property upon violation of the use restriction:(1) If violation of the use restriction was otherwise reasonably imminent, the owner of the contingent future interest is entitled to compensation for its value, if any.(2) If violation of the use restriction was not otherwise reasonably imminent but the benefit of the use restriction was appurtenant to other property, the owner of the contingent future interest is entitled to compensation to the extent that the failure to comply with the use restriction damages the dominant premises to which the restriction was appurtenant and of which he was the owner.(b) 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 property upon violation of the use restriction but the contingent future interest is not compensable under subdivision (a), if the use restriction is that the property be devoted to a particular charitable or public use, the compensation for the property shall be devoted to the same or similar use coupled with the same contingent future interest.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1265.420 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 4 - Future Interests|Section 1265.420.

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, the court may order any of the following:(a) An apportionment and distribution of the award based on the value of the interest of life tenant and remainderman.(b) The compensation to be used to purchase comparable property to be held subject to the life tenancy.(c) The compensation to be held in trust and invested and the income (and, to the extent the instrument that created the life tenancy permits, principal) to be distributed to the life tenant for the remainder of the tenancy.(d) Such other arrangement as will be equitable under the circumstances.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1268.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 11 - Postjudgment Procedure|ARTICLE 1 - Payment of Judgment; Final Order of Condemnation|Section 1268.010.

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, commenced by the defendant challenging the judgment or any of the condemnation proceedings, whichever date is later, the plaintiff shall pay the full amount required by the judgment.(b) Payment shall be made by either or both of the following methods:(1) Payment of money directly to the defendant. Any amount which the defendant has previously withdrawn pursuant to Article 2 (commencing with Section 1255.210) of Chapter 6 shall be credited as a payment to him on the judgment.(2) Deposit of money with the court pursuant to Section 1268.110. Upon entry of judgment, a deposit made pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 is deemed to be a deposit made pursuant to Section 1268.110 if the full amount required by the judgment is deposited or paid.(Amended by Stats. 1981, Ch. 831, Sec. 1.)
CA Civ Pro Code § 1268.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 11 - Postjudgment Procedure|ARTICLE 1 - Payment of Judgment; Final Order of Condemnation|Section 1268.020.

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 plaintiff is a public entity, enforce the judgment as provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.(2) If the plaintiff is not a public entity, enforce the judgment as in a civil case.(b) Upon noticed motion of the defendant, the court shall enter judgment dismissing the eminent domain proceeding if all of the following are established:(1) The plaintiff failed to pay the full amount required by the judgment within the time specified in Section 1268.010.(2) The defendant has filed in court and served upon the plaintiff, by registered or certified mail, a written notice of the plaintiff’s failure to pay the full amount required by the judgment within the time specified in Section 1268.010.(3) The plaintiff has failed for 20 days after service of the notice under paragraph (2) to pay the full amount required by the judgment in the manner provided in subdivision (b) of Section 1268.010.(c) The defendant may elect to exercise the remedy provided by subdivision (b) without attempting to use the remedy provided by subdivision (a).(d) As used in this section, “public entity” does not include the Regents of the University of California.(Amended by Stats. 1980, Ch. 215, Sec. 1.)
CA Civ Pro Code § 1268.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 11 - Postjudgment Procedure|ARTICLE 1 - Payment of Judgment; Final Order of Condemnation|Section 1268.030.

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 1268.010 or satisfied pursuant to Section 1268.020.(b) The final order of condemnation shall describe the property taken and identify the judgment authorizing the taking.(c) The party upon whose application the order was made shall serve notice of the making of the order on all other parties affected thereby. Any party affected by the order may thereafter record a certified copy of the order in the office of the recorder of the county in which the property is located and shall serve notice of recordation upon all other parties affected thereby. Title to the property vests in the plaintiff upon the date of recordation.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1268.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 11 - Postjudgment Procedure|ARTICLE 2 - Deposit and Withdrawal of Award|Section 1268.110.

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 full amount of the award, together with interest then due thereon, less any amounts previously paid directly to the defendants or deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6.(b) A deposit may be made under this section notwithstanding an appeal, a motion for a new trial, or a motion to vacate or set aside the judgment but may not be made after the judgment has been reversed, vacated, or set aside.(c) Any amount deposited pursuant to this article on a judgment that is later reversed, vacated, or set aside shall be deemed to be an amount deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1268.120 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 11 - Postjudgment Procedure|ARTICLE 2 - Deposit and Withdrawal of Award|Section 1268.120.

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 the parties who have appeared in the proceeding. If the deposit is made after apportionment of the award, the plaintiff shall serve a notice that the deposit has been made on all of the parties to the proceeding determined by the order apportioning the award to have an interest in the money deposited. 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 shall be made in the manner provided in Section 1268.220 for the service of an order for possession. Service of an order for possession under Section 1268.220 is sufficient compliance with this section.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1268.130 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 11 - Postjudgment Procedure|ARTICLE 2 - Deposit and Withdrawal of Award|Section 1268.130.

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 plaintiff to deposit such additional amount as the court determines to be necessary to secure payment of any further compensation, costs, or interest that may be recovered in the proceeding. After the making of such an order, the court may, on motion of any party, order an increase or a decrease in such additional amount. A defendant may withdraw the amount deposited under this section or a portion thereof only if it is determined that he is entitled to recover such amount in the proceeding.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1268.140 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 11 - Postjudgment Procedure|ARTICLE 2 - Deposit and Withdrawal of Award|Section 1268.140.

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 be paid from the deposit the amount to which he is entitled upon his filing either of the following:(1) A satisfaction of the judgment.(2) A receipt for the money which shall constitute a waiver by operation of law of all claims and defenses except a claim for greater compensation.(b) If the award has not been apportioned at the time the application is made, the applicant shall give notice of the application to all the other defendants who have appeared in the proceeding and who have an interest in the property. If the award has been apportioned at the time the application is made, the applicant shall give such notice to the other defendants as the court may require.(c) Upon objection to the withdrawal made by any party to the proceeding, the court, in its discretion, may require the applicant to file an undertaking in the same manner and upon the conditions prescribed in Section 1255.240 for withdrawal of a deposit prior to entry of judgment.(d) If the judgment is reversed, vacated, or set aside, a defendant may withdraw a deposit only pursuant to Article 2 (commencing with Section 1255.210) of Chapter 6.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1268.150 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 11 - Postjudgment Procedure|ARTICLE 2 - Deposit and Withdrawal of Award|Section 1268.150.

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 Treasury or, upon written request of the plaintiff filed with the deposit, in the county treasury. If the money is deposited in the State Treasury pursuant to this subdivision, it shall be held, invested, deposited, and disbursed in the manner specified in Article 10 (commencing with Section 16429) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code, and interest earned or other increment derived from its investment shall be apportioned and disbursed in the manner specified in that article. As between the parties to the proceeding, money deposited pursuant to this subdivision shall remain at the risk of the plaintiff until paid or made payable to the defendant by order of the court.(b) If after entry of judgment but prior to apportionment of the award the defendants are unable to agree as to the withdrawal of all or a portion of any amount deposited, the court shall upon motion of any defendant order that the amount deposited be invested in United States government obligations or interest-bearing accounts in an institution whose accounts are insured by an agency of the federal government for the benefit of the defendants who shall be entitled to the interest earned on the investments in proportion to the amount of the award they receive when the award is apportioned.(Added by Stats. 1975, Ch. 1275.)