SECTIONS 1260.110-1260.120 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1260.110-1260.120

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.

1260.120. (a) The court shall hear and determine all objections to
the right to take.
(b) If the court determines that the plaintiff has the right to
acquire by eminent domain the property described in the complaint,
the court shall so order.
(c) If the court determines that the plaintiff does not have the
right to acquire by eminent domain any property described in the
complaint, it shall order either of the following:
(1) Immediate dismissal of the proceeding as to that property.
(2) Conditional dismissal of the proceeding as to that property
unless such corrective and remedial action as the court may prescribe
has been taken within the period prescribed by the court in the
order. An order made under this paragraph may impose such limitations
and conditions as the court determines to be just under the
circumstances of the particular case including the requirement that
the plaintiff pay to the defendant all or part of the reasonable
litigation expenses necessarily incurred by the defendant because of
the plaintiff's failure or omission which constituted the basis of
the objection to the right to take.