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 5 - Commencement of Proceeding › ARTICLE 6 - Settlement Offers and Alternative Dispute Resolution › Section 1250.410.

1250.410. (a) At least 20 days prior to the date of the trial on issues relating to compensation, the plaintiff shall file with the court and serve on the defendant its final offer of compensation in the proceeding and the defendant shall file and serve on the plaintiff its final demand for compensation in the proceeding. The offer and the demand shall include all compensation required pursuant to this title, including compensation for loss of goodwill, if any, and shall state whether interest and costs are included. These offers and demands shall be the only offers and demands considered by the court in determining the entitlement, if any, to litigation expenses. Service shall be in the manner prescribed by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.
(b) If the court, on motion of the defendant made within 30 days after entry of judgment, finds that the offer of the plaintiff was unreasonable and that the demand of the defendant was reasonable viewed in the light of the evidence admitted and the compensation awarded in the proceeding, the costs allowed pursuant to Section 1268.710 shall include the defendant’s litigation expenses.
(c) In determining the amount of litigation expenses allowed under this section, the court shall consider the offer required to be made by the plaintiff pursuant to Section 7267.2 of the Government Code, any deposit made by the plaintiff pursuant to Chapter 6 (commencing with Section 1255.010), and any other written offers and demands filed and served before or during the trial.
(d) If timely made, the offers and demands as provided in subdivision (a) shall be considered by the court on the issue of determining an entitlement to litigation expenses.
(e) As used in this section, “litigation expenses” means the party’s reasonable attorney’s fees and costs, including reasonable expert witness and appraiser fees.
(Amended by Stats. 2006, Ch. 594, Sec. 1. Effective January 1, 2007.)
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 6 - Settlement Offers and Alternative Dispute Resolution › Section 1250.420.

1250.420. The parties may by agreement refer a dispute that is the subject of an eminent domain proceeding for resolution by any of the following means:
(a) Mediation by a neutral mediator.
(b) Binding arbitration by a neutral arbitrator. The arbitration is subject to Chapter 12 (commencing with Section 1273.010).
(c) Nonbinding arbitration by a neutral arbitrator. The arbitrator’s decision in a nonbinding arbitration is final unless within 30 days after service of the arbitrator’s decision a party moves the court for a trial of the eminent domain proceeding. If the judgment in the eminent domain proceeding is not more favorable to the moving party, the court shall order that party to pay to the other parties the following nonrefundable costs and fees, unless the court finds in writing and on motion that the imposition of costs and fees would create such a substantial economic hardship as not to be in the interest of justice:
(1) All costs specified in Section 1033.5, limited to those incurred from the time of election of the trial de novo. Nothing in this subdivision affects the right of a defendant to recover costs otherwise allowable pursuant to Section 1268.710, incurred before election of a trial de novo, except that a defendant may recover the costs of determining the apportionment of the award made pursuant to subdivision (b) of Section 1260.220 whenever incurred.
(2) The reasonable costs of the services of expert witnesses who are not regular employees of any party, actually incurred and reasonably necessary in the preparation or trial of the case, limited to those incurred from the time of election of the trial de novo.
(3) The compensation paid by the parties to the arbitrator.
(Added by Stats. 2001, Ch. 428, Sec. 3. Effective January 1, 2002.)
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 6 - Settlement Offers and Alternative Dispute Resolution › Section 1250.430.

1250.430. Notwithstanding any other statute or rule of court governing the date of trial of an eminent domain proceeding, on motion of a party the court may postpone the date of trial for a period that appears adequate to enable resolution of a dispute pursuant to alternative resolution procedures, if it is demonstrated to the satisfaction of the court that all of the following conditions are satisfied:
(a) The parties are actively engaged in alternative resolution of the dispute pursuant to Section 1250.420.
(b) The parties appear to be making progress toward resolution of the dispute without the need for a trial of the matter.
(c) The parties agree that additional time for the purpose of alternative dispute resolution is desirable.
(Added by Stats. 2001, Ch. 428, Sec. 4. Effective January 1, 2002.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 1 - Deposit of Probable Compensation › Section 1255.010.

1255.010. (a) At any time before entry of judgment, the plaintiff may deposit with the State Treasury the probable amount of compensation, based on an appraisal, that will be awarded in the proceeding. The appraisal upon which the deposit is based shall be one that satisfies the requirements of subdivision (b). The deposit may be made whether or not the plaintiff applies for an order for possession or intends to do so.
(b) Before making a deposit under this section, the plaintiff shall have an expert qualified to express an opinion as to the value of the property (1) make an appraisal of the property and (2) prepare a written statement of, or summary of the basis for, the appraisal. The statement or summary shall contain detail sufficient to indicate clearly the basis for the appraisal, including, but not limited to, all of the following information:
(A) The date of valuation, highest and best use, and applicable zoning of the property.
(B) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the appraisal.
(C) If the appraisal includes compensation for damages to the remainder, the compensation for the property and for damages to the remainder separately stated, and the calculations and a narrative explanation supporting the compensation, including any offsetting benefits.
(c) On noticed motion, or upon ex parte application in an emergency, the court may permit the plaintiff to make a deposit without prior compliance with subdivision (b) if the plaintiff presents facts by affidavit showing that (1) good cause exists for permitting an immediate deposit to be made, (2) an adequate appraisal has not been completed and cannot reasonably be prepared before making the deposit, and (3) the amount of the deposit to be made is not less than the probable amount of compensation that the plaintiff, in good faith, estimates will be awarded in the proceeding. In its order, the court shall require that the plaintiff comply with subdivision (b) within a reasonable time, to be specified in the order, and also that any additional amount of compensation shown by the appraisal required by subdivision (b) be deposited within that time.
(Amended by Stats. 2001, Ch. 428, Sec. 5. Effective January 1, 2002.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 1 - Deposit of Probable Compensation › Section 1255.020.

1255.020. (a) On making a deposit pursuant to Section 1255.010, the plaintiff shall serve a notice of deposit on all parties who have appeared in the proceeding and file with the court a proof of service together with the notice of deposit. The plaintiff shall so serve parties who appear thereafter on their appearance. The notice of deposit shall state that a deposit has been made and the date and the amount of the deposit. Service of the notice of deposit shall be made in the manner provided in Section 1255.450 for service of an order for possession.
(b) The notice of deposit shall be accompanied by a written statement or summary of the basis for the appraisal referred to in Section 1255.010.
(c) If the plaintiff has obtained an order under Section 1255.010 deferring completion of the written statement or summary, the plaintiff:
(1) On making the deposit, shall comply with subdivision (a) and include with the notice a copy of all affidavits on which the order was based.
(2) Upon completion of the written statement or summary, shall comply with subdivision (b).
(Amended by Stats. 1990, Ch. 1491, Sec. 10.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 1 - Deposit of Probable Compensation › Section 1255.040.

1255.040. (a)  If the plaintiff has not made a deposit that satisfies the requirements of this article and the property includes a dwelling containing not more than two residential units and the dwelling or one of its units is occupied as his or her residence by a defendant, the defendant may serve notice on the plaintiff requiring a deposit of the probable amount of compensation that will be awarded in the proceeding. The notice shall specify the date by which the defendant desires the deposit to be made. The date shall not be earlier than 30 days after the date of service of the notice and may be any later date.
(b) If the plaintiff deposits the probable amount of compensation, determined or redetermined as provided in this article, on or before the date specified by the defendant, the plaintiff may obtain an order for possession that authorizes the plaintiff to take possession of the property 30 days after the date for the deposit specified by the defendant or any later date as the plaintiff may request.
(c) Notwithstanding Section 1268.310, if the deposit is not made on or before the date specified by the defendant or such later date as the court specifies on motion and good cause shown by the plaintiff, the compensation awarded to the defendant in the proceeding shall draw legal interest from that date. The defendant is entitled to the full amount of such interest without offset for rents or other income received by him or her or the value of his or her continued possession of the property.
(d) If the proceeding is abandoned by the plaintiff, the interest under subdivision (c) may be recovered as costs in the proceeding in the manner provided for the recovery of litigation expenses under Section 1268.610. If, in the proceeding, the court or a jury verdict eventually determines the compensation that would have been awarded to the defendant, then the interest shall be computed on the amount of the award. If no determination is ever made, then the interest shall be computed on the probable amount of compensation as determined by the court.
(e) The serving of a notice pursuant to this section constitutes a waiver by operation of law, conditioned upon subsequent deposit by the plaintiff of the probable amount of compensation, of all claims and defenses in favor of the defendant except his or her claim for greater compensation.
(f) Notice of a deposit made under this section shall be served as provided by subdivision (a) of Section 1255.020. The defendant may withdraw the deposit as provided in Article 2 (commencing with Section 1255.210).
(g) No notice may be served by a defendant under subdivision (a) after entry of judgment unless the judgment is reversed, vacated, or set aside and no other judgment has been entered at the time the notice is served.
(Amended by Stats. 2006, Ch. 594, Sec. 2. Effective January 1, 2007.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 1 - Deposit of Probable Compensation › Section 1255.050.

1255.050. If the property to be taken is subject to a leasehold interest and the plaintiff has not made a deposit that satisfies the requirements of this article, the lessor may serve notice on the plaintiff requiring a deposit of the probable amount of compensation that will be awarded in the proceeding in the same manner and subject to the same procedures and conditions as a motion pursuant to Section 1255.040 except that, if the plaintiff fails to make the deposit, the interest awarded shall be offset by the lessor’s net rental profits on the property.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 1 - Deposit of Probable Compensation › Section 1255.060.

1255.060. (a) The amount deposited or withdrawn pursuant to this chapter may not be given in evidence or referred to in the trial of the issue of compensation.
(b) In the trial of the issue of compensation, an appraisal report, written statement and summary of an appraisal, or other statement made in connection with a deposit or withdrawal pursuant to this chapter may not be considered to be an admission of any party.
(c) Upon objection of the party at whose request an appraisal report, written statement and summary of the appraisal, or other statement was made in connection with a deposit or withdrawal pursuant to this chapter, the person who made the report or statement and summary or other statement may not be called at the trial on the issue of compensation by any other party to give an opinion as to compensation. If the person who prepared the report, statement and summary, or other statement is called at trial to give an opinion as to compensation, the report, statement and summary, or other statement may be used for impeachment of the witness.
(Amended by Stats. 2002, Ch. 295, Sec. 2. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 1 - Deposit of Probable Compensation › Section 1255.070.

1255.070. In lieu of depositing the money with the State Treasury as provided in Section 1255.010, upon written request of the plaintiff, the court shall order the money be deposited in the county treasury. If money is deposited in the State Treasury pursuant to Section 1255.010, 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 article shall remain at the risk of the plaintiff until paid or made payable to the defendant by order of the court.
(Amended by Stats. 1990, Ch. 1491, Sec. 11.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 1 - Deposit of Probable Compensation › Section 1255.075.

1255.075. (a) Prior to entry of judgment, a defendant who has an interest in the property for which a deposit has been made under this chapter may, upon notice to the other parties to the proceeding, move the court to have all of such deposit invested for the benefit of the defendants.
(b) At the hearing on the motion, the court shall consider the interests of the parties and the effect that investment would have upon them. The court may, in its discretion, if it finds that the interests of justice will be served, grant the motion subject to such terms and conditions as are appropriate under the circumstances of the case.
(c) An investment under this section shall be specified by the court and shall be limited to United States government obligations or interest-bearing accounts in an institution whose accounts are insured by an agency of the federal government.
(d) The investment of the deposit has the same consequences as if the deposit has been withdrawn under this chapter.
(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 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 1 - Deposit of Probable Compensation › Section 1255.080.

1255.080. By depositing the probable compensation pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial.
(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 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 2 - Withdrawal of Deposit › Section 1255.210.

1255.210. Prior to entry of judgment, any defendant may apply to the court for the withdrawal of all or any portion of the amount deposited. The application shall be verified, set forth the applicant’s interest in the property, and request withdrawal of a stated amount. The applicant shall serve a copy of the application on the 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 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 2 - Withdrawal of Deposit › Section 1255.220.

1255.220. Subject to the requirements of this article, the court shall order the amount requested in the application, or such portion of that amount as the applicant is entitled to receive, to be paid to the applicant.
(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 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 2 - Withdrawal of Deposit › Section 1255.230.

1255.230. (a) No withdrawal may be ordered until 20 days after service on the plaintiff of a copy of the application or until the time for all objections has expired, whichever is later.
(b) Within the 20-day period, the plaintiff may file objections to withdrawal on any one or more of the following grounds:
(1) Other parties to the proceeding are known or believed to have interests in the property.
(2) An undertaking should be filed by the applicant as provided in Section 1255.240 or 1255.250.
(3) The amount of an undertaking filed by the applicant under this chapter or the sureties thereon are insufficient.
(c) If an objection is filed on the ground that other parties are known or believed to have interests in the property, the plaintiff shall serve or attempt to serve on such other parties a notice that they may appear within 10 days after such service and object to the withdrawal. The notice shall advise such parties that their failure to object will result in waiver of any rights against the plaintiff to the extent of the amount withdrawn. The notice shall be served in the manner provided in Section 1255.450 for service of an order for possession. The plaintiff shall file, and serve on the applicant, a report setting forth (1) the names of the parties upon whom the notice was served and the dates of service and (2) the names and last known addresses of the other parties who are known or believed to have interests in the property but who were not so served. The applicant may serve parties whom the plaintiff has been unable to serve. Parties served in the manner provided in Section 1255.450 shall have no claim against the plaintiff for compensation to the extent of the amount withdrawn by all applicants. The plaintiff shall remain liable to parties having an interest of record who are not so served but, if such liability is enforced, the plaintiff shall be subrogated to the rights of such parties under Section 1255.280.
(d) If any party objects to the withdrawal, or if the plaintiff so requests, the court shall determine, upon hearing, the amounts to be withdrawn, if any, and by whom.
(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 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 2 - Withdrawal of Deposit › Section 1255.240.

1255.240. (a) If the court determines that an applicant is entitled to withdraw any portion of a deposit that another party claims or to which another person may be entitled, the court may require the applicant, before withdrawing such portion, to file an undertaking. The undertaking shall secure payment to such party or person of any amount withdrawn that exceeds the amount to which the applicant is entitled as finally determined in the proceeding, together with interest as provided in Section 1255.280. If withdrawal is permitted notwithstanding the lack of personal service of the application for withdrawal upon any party to the proceeding, the court may also require that the undertaking indemnify the plaintiff against any liability it may incur under Section 1255.230. The undertaking shall be in such amount as is fixed by the court, but if executed by an admitted surety insurer the amount shall not exceed the portion claimed by the adverse claimant or appearing to belong to another person. If executed by two or more sufficient sureties, the amount shall not exceed double such portion.
(b) If the undertaking is required primarily because of an issue as to title between the applicant and another party or person, the applicant filing the undertaking is not entitled to recover the premium reasonably paid for the undertaking as a part of the recoverable costs in the eminent domain proceeding.
(Amended by Stats. 1982, Ch. 517, Sec. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 2 - Withdrawal of Deposit › Section 1255.250.

1255.250. (a) If the amount originally deposited is increased pursuant to Section 1255.030 and the total amount sought to be withdrawn exceeds the amount of the original deposit, the applicant, or each applicant if there are two or more, shall file an undertaking. The undertaking shall be in favor of the plaintiff and shall secure repayment of any amount withdrawn that exceeds the amount to which the applicant is entitled as finally determined in the eminent domain proceeding, together with interest as provided in Section 1255.280. If the undertaking is executed by an admitted surety insurer, the undertaking shall be in the amount by which the total amount to be withdrawn exceeds the amount originally deposited. If the undertaking is executed by two or more sufficient sureties, the undertaking shall be in double such amount, but the maximum amount that may be recovered from such sureties is the amount by which the total amount to be withdrawn exceeds the amount originally deposited.
(b) If there are two or more applicants, the applicants, in lieu of filing separate undertakings, may jointly file a single undertaking in the amount required by subdivision (a).
(Amended by Stats. 1982, Ch. 517, Sec. 183.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 2 - Withdrawal of Deposit › Section 1255.260.

1255.260. If any portion of the money deposited pursuant to this chapter is withdrawn, the receipt of any such money shall constitute a waiver by operation of law of all claims and defenses in favor of the persons receiving such payment except a claim for greater compensation.
(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 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 2 - Withdrawal of Deposit › Section 1255.280.

1255.280. (a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in the eminent domain proceeding shall be paid to the parties entitled thereto. The court shall enter judgment accordingly.
(b) The judgment so entered shall not include interest except in the following cases:
(1) Any amount that is to be paid to a defendant shall include legal interest from the date of its withdrawal by another defendant.
(2) If the amount originally deposited by a plaintiff was increased pursuant to Section 1255.030 on motion of a party obligated to pay under this section, any amount that is attributable to such increase and that is to be repaid to the plaintiff shall include legal interest from the date of its withdrawal.
(c) If the judgment so entered is not paid within 30 days after its entry, the court may, on motion, enter judgment against the sureties, if any, for the amount of such judgment.
(d) The court may, in its discretion and with such security, if any, as it deems appropriate, grant a party obligated to pay under this section a stay of execution for any amount to be paid to a plaintiff. Such stay of execution shall not exceed one year following entry of judgment under this section.
(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 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 3 - Possession Prior to Judgment › Section 1255.440.

1255.440. If an order has been made under Section 1255.410 authorizing the plaintiff to take possession of property and the court subsequently determines that the conditions specified in Section 1255.410 for issuance of the order are not satisfied, the court shall vacate the order.
(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 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 3 - Possession Prior to Judgment › Section 1255.450.

1255.450. (a) As used in this section, “record owner” means the owner of the legal or equitable title to the fee or any lesser interest in property as shown by recorded deeds or other recorded instruments.
(b) The plaintiff shall serve a copy of the order for possession issued under Section 1255.410 on the record owner of the property and on the occupants, if any. If the property is lawfully occupied by a person dwelling thereon or by a farm or business operation, service shall be made not less than 30 days prior to the time possession is to be taken pursuant to the order. In all other cases, service shall be made not less than 10 days prior to the time possession is to be taken pursuant to the order. Service may be made with or following service of summons.
(c) At least 30 days prior to the time possession is taken pursuant to an order for possession made pursuant to Section 1255.040, 1255.050, or 1255.460, the plaintiff shall serve a copy of the order on the record owner of the property and on the occupants, if any.
(d) Service of the order shall be made by personal service except that:
(1) If the person on whom service is to be made has previously appeared in the proceeding or been served with summons in the proceeding, service of the order may be made by mail upon that person and his or her attorney of record, if any.
(2) If the person on whom service is to be made resides out of the state, or has departed from the state or cannot with due diligence be found within the state, service of the order may be made by registered or certified mail addressed to that person at his or her last known address.
(e) When the record owner cannot be located, the court may, for good cause shown on ex parte application, authorize the plaintiff to take possession of unoccupied property without serving a copy of the order for possession upon a record owner.
(f) A single service upon or mailing to one of several persons having a common business or residence address is sufficient.
(Amended by Stats. 2006, Ch. 594, Sec. 6. 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 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 3 - Possession Prior to Judgment › Section 1255.460.

1255.460. An order for possession issued pursuant to Section 1255.410 shall:
(a) Recite that it has been made under this section.
(b) Describe the property to be acquired, which description may be by reference to the complaint.
(c) State the date after which plaintiff is authorized to take possession of the property.
(Amended by Stats. 2006, Ch. 594, Sec. 7. 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 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 3 - Possession Prior to Judgment › Section 1255.470.

1255.470. By taking possession pursuant to this chapter, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial.
(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 6 - Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment › ARTICLE 3 - Possession Prior to Judgment › Section 1255.480.

1255.480. Nothing in this article limits the right of a public entity to exercise its police power in emergency situations.
(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 7 - Discovery; Exchange of Valuation Data › ARTICLE 1 - Discovery › Section 1258.010.

1258.010. The provisions of this chapter supplement but do not replace, restrict, or prevent the use of discovery procedures or limit the matters that are discoverable in 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 7 - Discovery; Exchange of Valuation Data › ARTICLE 1 - Discovery › Section 1258.020.

1258.020. (a) Notwithstanding any other statute or any court rule relating to discovery, proceedings pursuant to subdivision (b) may be had without requirement of court order and may proceed until not later than 20 days prior to the day set for trial of the issue of compensation.
(b) A party to an exchange of lists of expert witnesses and statements of valuation data pursuant to Article 2 (commencing with Section 1258.210) or pursuant to court rule as provided in Section 1258.300 may after the time of the exchange obtain discovery from the other party to the exchange and from any person listed by him as an expert witness.
(c) The court, upon noticed motion by the person subjected to discovery pursuant to subdivision (b), may make any order that justice requires to protect such person from annoyance, embarrassment, or oppression.
(Amended by Stats. 1992, Ch. 876, Sec. 8. 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 7 - Discovery; Exchange of Valuation Data › ARTICLE 1 - Discovery › Section 1258.030.

1258.030. Nothing in this chapter makes admissible any evidence that is not otherwise admissible or permits a witness to base an opinion on any matter that is not a proper basis for such an opinion.
(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 7 - Discovery; Exchange of Valuation Data › ARTICLE 2 - Exchange of Valuation Data › Section 1258.210.

1258.210. (a) Not later than the 10th day after the trial date is selected, any party may file and serve on any other party a demand to exchange lists of expert witnesses and statements of valuation data. Thereafter, the court may, upon noticed motion and a showing of good cause, permit any party to serve such a demand upon any other party.
(b) The demand shall:
(1) Describe the property to which it relates, which description may be by reference to the complaint.
(2) Include a statement in substantially the following form: “You are required to serve and deposit with the clerk of court a list of expert witnesses and statements of valuation data in compliance with Article 2 (commencing with Section 1258.210) of Chapter 7 of Title 7 of Part 3 of the Code of Civil Procedure not later than the date of exchange to be set in accordance with that article. Except as otherwise provided in that article, your failure to do so will constitute a waiver of your right to call unlisted expert witnesses during your case in chief and of your right to introduce on direct examination during your case in chief any matter that is required to be, but is not, set forth in your statements of valuation data.”
(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 7 - Discovery; Exchange of Valuation Data › ARTICLE 2 - Exchange of Valuation Data › Section 1258.220.

1258.220. (a) For the purposes of this article, the “date of exchange” is the date agreed to for the exchange of their lists of expert witnesses and statements of valuation data by the party who served a demand and the party on whom the demand was served or, failing agreement, a date 90 days prior to commencement of the trial on the issue of compensation or the date set by the court on noticed motion of either party establishing good cause therefor.
(b) Notwithstanding subdivision (a), unless otherwise agreed to by the parties, the date of exchange shall not be earlier than nine months after the date of commencement of the proceeding.
(Amended by Stats. 2001, Ch. 428, Sec. 7. Effective January 1, 2002.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 7 - Discovery; Exchange of Valuation Data › ARTICLE 2 - Exchange of Valuation Data › Section 1258.230.

1258.230. (a) Not later than the date of exchange:
(1) Each party who served a demand and each party upon whom a demand was served shall deposit with the clerk of the court a list of expert witnesses and statements of valuation data.
(2) A party who served a demand shall serve his list and statements upon each party on whom he served his demand.
(3) Each party on whom a demand was served shall serve his list and statements upon the party who served the demand.
(b) The clerk of the court shall make an entry in the register of actions for each list of expert witnesses and statement of valuation data deposited with him pursuant to this article. The lists and statements shall not be filed in the proceeding, but the clerk shall make them available to the court at the commencement of the trial for the limited purpose of enabling the court to apply the provisions of this article. Unless the court otherwise orders, the clerk shall, at the conclusion of the trial, return all lists and statements to the attorneys for the parties who deposited them. Lists or statements ordered by the court to be retained may thereafter be destroyed or otherwise disposed of in accordance with the provisions of law governing the destruction or disposition of exhibits introduced in the trial.
(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 7 - Discovery; Exchange of Valuation Data › ARTICLE 2 - Exchange of Valuation Data › Section 1258.240.

1258.240. The list of expert witnesses shall include the name, business or residence address, and business, occupation, or profession of each person intended to be called as an expert witness by the party and a statement of the subject matter to which his testimony relates.
(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 7 - Discovery; Exchange of Valuation Data › ARTICLE 2 - Exchange of Valuation Data › Section 1258.250.

1258.250. A statement of valuation data shall be exchanged for each person the party intends to call as a witness to testify to his opinion as to any of the following matters:
(a) The value of the property being taken.
(b) The amount of the damage, if any, to the remainder of the larger parcel from which such property is taken.
(c) The amount of the benefit, if any, to the remainder of the larger parcel from which such property is taken.
(d) The amount of any other compensation required to be paid by Chapter 9 (commencing with Section 1263.010) or Chapter 10 (commencing with Section 1265.010).
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 7 - Discovery; Exchange of Valuation Data › ARTICLE 2 - Exchange of Valuation Data › Section 1258.270.

1258.270. (a) A party who is required to exchange lists of expert witnesses and statements of valuation data shall diligently give notice to the parties upon whom his list and statements were served if, after service of his list and statements, he:
(1) Determines to call an expert witness not included in his list of expert witnesses to testify on direct examination during his case in chief;
(2) Determines to have a witness called by him testify on direct examination during his case in chief to any opinion or data required to be listed in the statement of valuation data for that witness but which was not so listed; or
(3) Discovers any data required to be listed in a statement of valuation data but which was not so listed.
(b) The notice required by subdivision (a) shall include the information specified in Sections 1258.240 and 1258.260 and shall be in writing; but such notice is not required to be in writing if it is given after the commencement of the trial.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 7 - Discovery; Exchange of Valuation Data › ARTICLE 2 - Exchange of Valuation Data › Section 1258.280.

1258.280. Except as provided in Section 1258.290, upon objection of a party who has served his list of expert witnesses and statements of valuation data in compliance with Section 1258.230:
(a) No party required to serve a list of expert witnesses on the objecting party may call an expert witness to testify on direct examination during his case in chief unless the information required by Section 1258.240 for such witness is included in the list served.
(b) No party required to serve statements of valuation data on the objecting party may call a witness to testify on direct examination during his case in chief to his opinion on any matter listed in Section 1258.250 unless a statement of valuation data for such witness was served.
(c) No witness called by a party required to serve statements of valuation data on the objecting party may testify on direct examination during the case in chief of the party who called him to any opinion or data required to be listed in the statement of valuation data for such witness unless such opinion or data is listed in the statement served except that testimony that is merely an explanation or elaboration of data so listed is not inadmissible under this subdivision.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 7 - Discovery; Exchange of Valuation Data › ARTICLE 2 - Exchange of Valuation Data › Section 1258.290.

1258.290. (a) The court may, upon such terms as may be just (including but not limited to continuing the trial for a reasonable period of time and awarding costs and litigation expenses), permit a party to call a witness, or permit a witness called by a party to testify to an opinion or data on direct examination, during the party’s case in chief where such witness, opinion, or data is required to be, but is not, included in such party’s list of expert witnesses or statements of valuation data if the court finds that such party has made a good faith effort to comply with Sections 1258.210 to 1258.260, inclusive, that he has complied with Section 1258.270, and that by the date of exchange he:
(1) Would not in the exercise of reasonable diligence have determined to call such witness or discovered or listed such opinion or data; or
(2) Failed to determine to call such witness or to discover or list such opinion or data through mistake, inadvertence, surprise, or excusable neglect.
(b) In making a determination under this section, the court shall take into account the extent to which the opposing party has relied upon the list of expert witnesses and statements of valuation data and will be prejudiced if the witness is called or the testimony concerning such opinion or data is given.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 7 - Discovery; Exchange of Valuation Data › ARTICLE 2 - Exchange of Valuation Data › Section 1258.300.

1258.300. The superior court in any county may provide by court rule a procedure for the exchange of valuation data which shall be used in lieu of the procedure provided by this article if the Judicial Council finds that such procedure serves the same purpose and is an adequate substitute for the procedure provided by this article.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 8 - Procedures for Determining Right to Take and Compensation › ARTICLE 1 - General Provisions › Section 1260.010.

1260.010. Proceedings under this title take precedence over all other civil actions in the matter of setting the same for hearing or trial in order that such proceedings shall be quickly heard and determined.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 8 - Procedures for Determining Right to Take and Compensation › ARTICLE 1 - General Provisions › Section 1260.020.

1260.020. (a) If proceedings to acquire the same property are consolidated, the court shall first determine whether the public uses for which the property is sought are compatible within the meaning of Article 6 (commencing with Section 1240.510) of Chapter 3. If the court determines that the uses are compatible, it shall permit the proceeding to continue with the plaintiffs acting jointly. The court shall apportion the obligation to pay any award in the proceeding in proportion to the use, damage, and benefits attributable to each plaintiff.
(b) If the court determines pursuant to subdivision (a) that the uses are not all compatible, it shall further determine which of the uses is the more necessary public use within the meaning of Article 7 (commencing with Section 1240.610) of Chapter 3. The court shall permit the plaintiff alleging the more necessary public use, along with any other plaintiffs alleging compatible public uses under subdivision (a), to continue the proceeding. The court shall dismiss the proceeding as to the other plaintiffs.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 8 - Procedures for Determining Right to Take and Compensation › ARTICLE 1 - General Provisions › Section 1260.030.

1260.030. (a) If there is a dispute between plaintiff and defendant whether particular property is an improvement pertaining to the realty, either party may, not later than 30 days prior to the date specified in an order for possession of the property, move the court for a determination whether the property is an improvement pertaining to the realty.
(b) A motion under this section shall be heard not sooner than 10 days and not later than 20 days after service of notice of the motion. At the hearing, the court may consider any relevant evidence, including a view of the premises and property, in making its determinations.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 8 - Procedures for Determining Right to Take and Compensation › ARTICLE 1 - General Provisions › Section 1260.040.

1260.040. (a) If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move the court for a ruling on the issue. The motion shall be made not later than 60 days before commencement of trial on the issue of compensation. The motion shall be heard by the judge assigned for trial of the case.
(b) Notwithstanding any other statute or rule of court governing the date of final offers and demands of the parties and the date of trial of an eminent domain proceeding, the court may postpone those dates for a period sufficient to enable the parties to engage in further proceedings before trial in response to its ruling on the motion.
(c) This section supplements, and does not replace any other pretrial or trial procedure otherwise available to resolve an evidentiary or other legal issue affecting the determination of compensation.
(Added by Stats. 2001, Ch. 428, Sec. 9. Effective January 1, 2002.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 8 - Procedures for Determining Right to Take and Compensation › ARTICLE 2 - Contesting Right to Take › Section 1260.110.

1260.110. (a) Where objections to the right to take are raised, unless the court orders otherwise, they shall be heard and determined prior to the determination of the issue of compensation.
(b) The court may, on motion of any party, after notice and hearing, specially set such objections for trial.
(Added by Stats. 1975, Ch. 1275.)