SECTIONS 1273.010-1273.050 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1273.010-1273.050

1273.010. (a) Any person authorized to acquire property for public
use may enter into an agreement to arbitrate any controversy as to
the compensation to be made in connection with the acquisition of the
property.
(b) Where property is already appropriated to a public use, the
person authorized to compromise or settle the claim arising from a
taking or damaging of such property for another public use may enter
into an agreement to arbitrate any controversy as to the compensation
to be made in connection with such taking or damaging.
(c) For the purposes of this section, in the case of a public
entity, "person" refers to the particular department, officer,
commission, board, or governing body authorized to acquire property
on behalf of the public entity or to compromise or settle a claim
arising from the taking or damaging of the entity's property.

1273.020. (a) Notwithstanding Sections 1283.2 and 1284.2, the party
acquiring the property shall pay all of the expenses and fees of the
neutral arbitrator and the statutory fees and mileage of all
witnesses subpoenaed in the arbitration, together with other expenses
of the arbitration incurred or approved by the neutral arbitrator,
not including attorney's fees or expert witness fees or other
expenses incurred by other parties for their own benefit.
(b) An agreement authorized by this chapter may require that the
party acquiring the property pay reasonable attorney's fees or expert
witness fees, or both, to any other party to the arbitration. If the
agreement requires the payment of such fees, the amount of the fees
is a matter to be determined in the arbitration proceeding unless the
agreement prescribes otherwise.
(c) The party acquiring the property may pay the expenses and fees
referred to in subdivisions (a) and (b) from funds available for the
acquisition of the property or other funds available for the
purpose.

1273.030. (a) Except as specifically provided in this chapter,
agreements authorized by this chapter are subject to Title 9
(commencing with Section 1280) of this part.
(b) An agreement authorized by this chapter may be made whether or
not an eminent domain proceeding has been commenced to acquire the
property. If a proceeding has been commenced or is commenced, any
petition or response relating to the arbitration shall be filed and
determined in the proceeding.
(c) Notwithstanding Section 1281.4, an agreement authorized by
this chapter does not waive or restrict the power of any person to
commence and prosecute an eminent domain proceeding, including the
taking of possession prior to judgment, except that, upon motion of a
party to the proceeding, the court shall stay the determination of
compensation until any petition for an order to arbitrate is
determined and, if arbitration is ordered, until arbitration is had
in accordance with the order.
(d) The effect and enforceability of an agreement authorized by
this chapter is not defeated or impaired by contention or proof by
any party to the agreement that the party acquiring the property
pursuant to the agreement lacks the power or capacity to take the
property by eminent domain.
(e) Notwithstanding the rules as to venue provided by Sections
1292 and 1292.2, any petition relating to arbitration authorized by
this chapter shall be filed in the superior court in the county in
which the property, or any portion of the property, is located.

1273.040. (a) Except as provided in subdivision (b), an agreement
authorized by this chapter may specify the terms and conditions under
which the party acquiring the property may abandon the acquisition,
the arbitration proceeding, and any eminent domain proceeding that
may have been, or may be, filed. Unless the agreement provides that
the acquisition may not be abandoned, the party acquiring the
property may abandon the acquisition, the arbitration proceeding, and
any eminent domain proceeding at any time not later than the time
for filing and serving a petition or response to vacate an
arbitration award under Sections 1288, 1288.2, and 1290.6.
(b) If the proceeding to acquire the property is abandoned after
the arbitration agreement is executed, the party from whom the
property was to be acquired is entitled to recover (1) all expenses
reasonably and necessarily incurred (i) in preparing for the
arbitration proceeding and for any judicial proceedings in connection
with the acquisition of the property, (ii) during the arbitration
proceeding and during any judicial proceedings in connection with the
acquisition, and (iii) in any subsequent judicial proceedings in
connection with the acquisition and (2) reasonable attorney's fees,
appraisal fees, and fees for the services of other experts where such
fees were reasonably and necessarily incurred to protect his
interests in connection with the acquisition of the property. Unless
the agreement otherwise provides, the amount of such expenses and
fees shall be determined by arbitration in accordance with the
agreement.

1273.050. (a) An agreement authorized by this chapter may be
acknowledged and recorded, and rerecorded, in the same manner and
with the same effect as a conveyance of real property except that two
years after the date the agreement is recorded, or rerecorded, the
record ceases to be notice to any person for any purpose.
(b) In lieu of recording the agreement, there may be recorded a
memorandum thereof, executed by the parties to the agreement,
containing at least the following information: the names of the
parties to the agreement, a description of the property, and a
statement that an arbitration agreement affecting such property has
been entered into pursuant to this chapter. Such memorandum when
acknowledged and recorded, or rerecorded, in the same manner as a
conveyance of real property has the same effect as if the agreement
itself were recorded or rerecorded.