SECTIONS 1260.010-1260.040 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1260.010-1260.040

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.

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.

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.

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.