This title shall be known and may be cited as the Eminent Domain Law.
Eminent Domain LawGeneral Provisions
Section § 1230.010
This section officially names this part of the legal code as the Eminent Domain Law, which deals with the government's power to take private property for public use.
Eminent Domain property taking public use
Section § 1230.020
This law states that the power of eminent domain, which is the government's ability to take private property for public use, can only be used according to the guidelines and procedures laid out in this specific legal title, unless another law specifically says otherwise.
Except as otherwise specifically provided by statute, the power of eminent domain may be exercised only as provided in this title.
eminent domain public use private property
Section § 1230.030
This law states that there is no requirement to use eminent domain—where the government takes private property for public use—to get property needed for public projects. Instead, the person or entity authorized to get the property can choose how to acquire it, whether by buying it or some other method.
Nothing in this title requires that the power of eminent domain be exercised to acquire property necessary for public use. Whether property necessary for public use is to be acquired by purchase or other means or by eminent domain is a decision left to the discretion of the person authorized to acquire the property.
eminent domain public use property acquisition
Section § 1230.040
This law states that, unless specified otherwise, the procedures used in civil lawsuits also apply to cases involving eminent domain, which is when the government takes private property for public use.
Except as otherwise provided in this title, the rules of practice that govern civil actions generally are the rules of practice for eminent domain proceedings.
eminent domain civil procedure property takeover
Section § 1230.050
This law says that in cases where the government is trying to take private property for public use, the court has the authority to decide who has the right to possess the property. It can also enforce its decisions about possession, and the party wanting the property taken (usually the government) has the right to have the court's decisions enforced.
The court in which a proceeding in eminent domain is brought has the power to:
(a)CA Civil Procedure Code § 1230.050(a) Determine the right to possession of the property, as between the plaintiff and the defendant, in accordance with this title.
(b)CA Civil Procedure Code § 1230.050(b) Enforce any of its orders for possession by appropriate process. The plaintiff is entitled to enforcement of an order for possession as a matter of right.
eminent domain right to possession enforcement
Section § 1230.060
This law says that nothing in this section changes the rules that allow the Public Utilities Commission to handle issues related to eminent domain cases.
Nothing in this title affects any other statute granting jurisdiction over any issue in eminent domain proceedings to the Public Utilities Commission.
eminent domain Public Utilities Commission jurisdiction
Section § 1230.065
This section explains the timeline for when certain rules apply to eminent domain cases. It says that the law officially started on July 1, 1976, and it doesn't apply to cases begun before January 1, 1976. However, for cases started after January 1, 1976, and before the law started, the rules apply as much as possible. Specific parts of the law described in chapters 3, 4, and 5 don't apply to cases started before the law's start date. Also, if there are pending appeals or motions when the law became active, the old laws still apply to those appeals or motions.
(a)CA Civil Procedure Code § 1230.065(a) This title becomes operative July 1, 1976.
(b)CA Civil Procedure Code § 1230.065(b) This title does not apply to an eminent domain proceeding commenced prior to January 1, 1976. Subject to subdivisions (c) and (d), in the case of an eminent domain proceeding which is commenced on or after January 1, 1976, but prior to the operative date, this title upon the operative date applies to the proceeding to the fullest extent practicable with respect to issues to be tried or retried.
(c)CA Civil Procedure Code § 1230.065(c) Chapter 3 (commencing with Section 1240.010), Chapter 4 (commencing with
Section 1245.010), and Chapter 5 (commencing with Section 1250.010) do not apply to a proceeding commenced prior to the operative date.
(d)CA Civil Procedure Code § 1230.065(d) If, on the operative date, an appeal, motion to modify or vacate the verdict or judgment, or motion for new trial is pending, the law applicable thereto prior to the operative date governs the determination of the appeal or motion.
operative date eminent domain January 1
Section § 1230.070
This law states that any court judgments related to eminent domain that were made before the new rules in this title came into effect will remain unchanged by the new rules or the repealing of the old Title 7.
No judgment rendered prior to the operative date of this title in a proceeding to enforce the right of eminent domain is affected by the enactment of this title and the repeal of former Title 7 of this part.
eminent domain prior judgments operative date
