reglab/statecodes huggingface dataset:
2023 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 1 - Preliminary Location, Survey, and Tests › Section 1245.040.

1245.040. (a) The court, after notice and hearing, may modify any of the provisions of an order made under Section 1245.030.
(b) If the amount required to be deposited is increased by an order of modification, the court shall specify the time within which the additional amount shall be deposited and may direct that any further entry or that specified activities under the order as modified be stayed until the additional amount has been deposited.
(Added by Stats. 1975, Ch. 1275.)
2023 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 1 - Preliminary Location, Survey, and Tests › Section 1245.050.

1245.050. (a) Unless sooner disbursed by court order, the amount deposited under this article shall be retained on deposit for six months following the termination of the entry. The period of retention may be extended by the court for good cause.
(b) The deposit shall be made in the Condemnation Deposits Fund in the State Treasury or, upon written request of the plaintiff filed with the deposit, in the county treasury. If made in the State Treasury, the deposit shall be held, invested, deposited, and disbursed in accordance with Article 10 (commencing with Section 16429) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.
(Added by Stats. 1975, Ch. 1275.)
2023 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 1 - Preliminary Location, Survey, and Tests › Section 1245.060.

1245.060. (a) If the entry and activities upon property cause actual damage to or substantial interference with the possession or use of the property, whether or not a claim has been presented in compliance with Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code, the owner may recover for that damage or interference in a civil action, as a defendant in an eminent domain action affecting the property, or by application to the court under subdivision (c).
(b) The prevailing claimant in an action or proceeding under this section shall be awarded the claimant’s costs and, if the court finds that any of the following occurred, the claimant’s litigation expenses incurred in proceedings under this article:
(1) The entry was unlawful.
(2) The entry was lawful but the activities upon the property were abusive or lacking in due regard for the interests of the owner.
(3) There was a failure substantially to comply with the terms of an order made under Section 1245.030 or 1245.040.
(c) If funds are on deposit under this article, upon application of the owner, the court shall determine and award the amount the owner is entitled to recover under this section and shall order that amount paid out of the funds on deposit. If the funds on deposit are insufficient to pay the full amount of the award, the court shall enter judgment for the unpaid portion. In a proceeding under this subdivision, the owner has a right to a jury trial, unless waived, on the amount of compensation for actual damage or substantial interference with the possession or use of the property.
(d) Nothing in this section affects the availability of any other remedy the owner may have for the damaging of the owner’s property.
(Amended by Stats. 2021, Ch. 401, Sec. 4. (AB 1578) Effective January 1, 2022.)
2023 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 1245.210.

1245.210. As used in this article, “governing body” means:
(a) In the case of a taking by a local public entity, the legislative body of the local public entity.
(b) In the case of a taking by the Sacramento and San Joaquin Drainage District, the Central Valley Flood Protection Board.
(c) In the case of a taking by the State Public Works Board pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), the State Public Works Board.
(d) In the case of a taking by the Department of Fish and Wildlife pursuant to Section 1348 of the Fish and Game Code, the Wildlife Conservation Board.
(e) In the case of a taking by the Department of Transportation (other than a taking pursuant to Section 21633 of the Public Utilities Code or Section 30100 of the Streets and Highways Code), the California Transportation Commission.
(f) In the case of a taking by the Department of Transportation pursuant to Section 21633 of the Public Utilities Code, the California Transportation Commission.
(g) In the case of a taking by the Department of Transportation pursuant to Section 30100 of the Streets and Highways Code, the California Transportation Commission.
(h) In the case of a taking by the Department of Water Resources, the California Water Commission.
(i) In the case of a taking by the University of California, the Regents of the University of California.
(j) In the case of a taking by the State Lands Commission, the State Lands Commission.
(k) In the case of a taking by the college named in Section 92200 of the Education Code, the board of directors of that college.
(l) In the case of a taking by the High-Speed Rail Authority, the State Public Works Board.
(Amended by Stats. 2022, Ch. 478, Sec. 3. (AB 1936) Effective January 1, 2023.)
2023 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 1245.220.

1245.220. A public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets the requirements of this article.
(Added by Stats. 1975, Ch. 1275.)
2023 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 1245.230.

1245.230. In addition to other requirements imposed by law, the resolution of necessity 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 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 governing body of the public entity 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 public good and the least private injury.
(3) The property described in the resolution is necessary for the proposed project.
(4) That either the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record, or the offer has not been made because the owner cannot be located with reasonable diligence.
If at the time the governing body of a public entity is requested to adopt a resolution of necessity and the project for which the property is needed has been determined by the public entity to be an emergency project, which project is necessary either to protect or preserve health, safety, welfare, or property, the requirements of Section 7267.2 of the Government Code need not be a prerequisite to the adoption of an authorizing resolution at the time. However, in those cases the provisions of Section 7267.2 of the Government Code shall be implemented by the public entity within a reasonable time thereafter but in any event, not later than 90 days after adoption of the resolution of necessity.
(Amended by Stats. 1983, Ch. 1079, Sec. 1.)
2023 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 1245.235.

1245.235. (a) The governing body of the public entity may adopt a resolution of necessity only after the governing body has given each person whose property is to be acquired by eminent domain and whose name and address appears on the last equalized county assessment roll notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030.
(b) The notice required by subdivision (a) shall be sent by first-class mail to each person described in subdivision (a) and shall state all of the following:
(1) The intent of the governing body to adopt the resolution.
(2) The right of such person to appear and be heard on the matters referred to in Section 1240.030.
(3)  Failure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard.
(c) The governing body, or a committee of not less than 11 members thereof designated by the governing body if the governing body has more than 40 members, shall hold a hearing at which all persons described in subdivision (a) who filed a written request within the time specified in the notice may appear and be heard on the matters referred to in Section 1240.030. Such a committee shall be reasonably representative of the various geographical areas within the public entity’s jurisdiction. The governing body need not give an opportunity to appear and be heard to any person who fails to so file a written request within the time specified in the notice. If a committee is designated by the governing body pursuant to this subdivision to hold the hearing, the committee, subsequent to the hearing, shall provide the governing body and any person described in subdivision (a) who has appeared before the committee with a written summary of the hearing and a written recommendation as to whether to adopt the resolution of necessity. Any person described in subdivision (a) who has appeared before the committee shall also be given an opportunity to appear and be heard before the governing body on the matters referred to in Section 1240.030.
(d) Notwithstanding subdivision (b), the governing body may satisfy the requirements of this section through any other procedure that has given each person described in subdivision (a) reasonable written personal notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030.
(Amended by Stats. 1986, Ch. 358, Sec. 1.)
2023 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 1245.240.

1245.240. Unless a greater vote is required by statute, charter, or ordinance, the resolution shall be adopted by a vote of two-thirds of all the members of the governing body of the public entity.
(Added by Stats. 1975, Ch. 1275.)
2023 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 1245.250.

1245.250. (a) Except as otherwise provided by statute, a resolution of necessity adopted by the governing body of the public entity pursuant to this article conclusively establishes the matters referred to in Section 1240.030.
(b) If the taking is by a local public entity, other than a sanitary district exercising the powers of a county water district pursuant to Section 6512.7 of the Health and Safety Code, and the property is electric, gas, or water public utility property, the resolution of necessity creates a rebuttable presumption that the matters referred to in Section 1240.030 are true. This presumption is a presumption affecting the burden of proof.
(c) If the taking is by a local public entity and the property described in the resolution is not located entirely within the boundaries of the local public entity, the resolution of necessity creates a presumption that the matters referred to in Section 1240.030 are true. This presumption is a presumption affecting the burden of producing evidence.
(d) For the purposes of subdivision (b), a taking by the State Reclamation Board for the Sacramento and San Joaquin Drainage District is not a taking by a local public entity.
(Amended by Stats. 1992, Ch. 812, Sec. 3. Effective January 1, 1993.)
2023 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 1245.255.

1245.255. (a) A person having an interest in the property described in a resolution of necessity adopted by the governing body of the public entity pursuant to this article may obtain judicial review of the validity of the resolution:
(1) Before the commencement of the eminent domain proceeding, by petition for a writ of mandate pursuant to Section 1085. The court having jurisdiction of the writ of mandate action, upon motion of any party, shall order the writ of mandate action dismissed without prejudice upon commencement of the eminent domain proceeding unless the court determines that dismissal will not be in the interest of justice.
(2) After the commencement of the eminent domain proceeding, by objection to the right to take pursuant to this title.
(b) A resolution of necessity does not have the effect prescribed in Section 1245.250 to the extent that its adoption or contents were influenced or affected by gross abuse of discretion by the governing body.
(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, after the commencement of an eminent domain proceeding, to the same consequences as a conditional dismissal of the proceeding under Section 1260.120.
(Amended by Stats. 1978, Ch. 286.)
2023 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 1245.260.

1245.260. (a) If a public entity has adopted a resolution of necessity but has not commenced an eminent domain proceeding to acquire the property within six months after the date of adoption of the resolution, or has commenced such proceeding but has not within six months after the commencement of such proceeding attempted diligently to serve the complaint and the summons relating to such proceeding, the property owner may, by an action in inverse condemnation, do either or both of the following:
(1) Require the public entity to take the property and pay compensation therefor.
(2) Recover damages from the public entity for any interference with the possession and use of the property resulting from adoption of the resolution.
Service by mail pursuant to Section 415.30 shall constitute a diligent attempt at service within the meaning of this section.
(b) No claim need be presented against a public entity under Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code as a prerequisite to commencement or maintenance of an action under subdivision (a), but any such action shall be commenced within one year and six months after the date the public entity adopted the resolution of necessity.
(c) A public entity may commence an eminent domain proceeding or rescind a resolution of necessity as a matter of right at any time before the property owner commences an action under this section. If the public entity commences an eminent domain proceeding or rescinds the resolution of necessity before the property owner commences an action under this section, the property owner may not thereafter bring an action under this section.
(d) After a property owner has commenced an action under this section, the public entity may rescind the resolution of necessity and abandon the taking of the property only under the same circumstances and subject to the same conditions and consequences as abandonment of an eminent domain proceeding.
(e) Commencement of an action under this section does not affect any authority a public entity may have to commence an eminent domain proceeding, take possession of the property pursuant to Article 3 (commencing with Section 1255.410) of Chapter 6, or abandon the eminent domain proceeding.
(f) In lieu of bringing an action under subdivision (a) or if the limitations period provided in subdivision (b) has run, the property owner may obtain a writ of mandate to compel the public entity, within such time as the court deems appropriate, to rescind the resolution of necessity or to commence an eminent domain proceeding to acquire the property.
(Amended by Stats. 1978, Ch. 411.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)