SECTIONS 1230.010-1230.070 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1230.010-1230.070

1230.010. This title shall be known and may be cited as the Eminent
Domain Law.

1230.020. Except as otherwise specifically provided by statute, the
power of eminent domain may be exercised only as provided in this
title.

1230.030. 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.

1230.040. 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.

1230.050. The court in which a proceeding in eminent domain is
brought has the power to:
(a) Determine the right to possession of the property, as between
the plaintiff and the defendant, in accordance with this title.
(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.

1230.060. Nothing in this title affects any other statute granting
jurisdiction over any issue in eminent domain proceedings to the
Public Utilities Commission.

1230.065. (a) This title becomes operative July 1, 1976.
(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) 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) 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.

1230.070. 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.