SECTIONS 1401-1421 - California Statutes

PUBLIC UTILITIES CODE

SECTION 1401-1421

1401. As used in this chapter, "lands, property, and rights"
includes a part or portion thereof.

1402. As used in this chapter, "political subdivision" means a
county, city and county, city, municipal water district, county water
district, irrigation district, public utility district, or any other
public corporation.

1403. Any political subdivision may, at any time, file with the
commission either a petition of the first class, setting forth the
intention of the political subdivision to acquire under eminent
domain proceedings, or otherwise, the lands, property, and rights of
any character whatsoever of any public utility or a petition of the
second class, setting forth the intention of the political
subdivision to initiate such proceedings as may be required under the
law governing the political subdivision for the purpose of
submitting to the voters of the political subdivision a proposition
to acquire under eminent domain proceedings, or otherwise, the lands,
property, and rights of any character whatsoever of any public
utility.

1404. Each such petition shall contain the name of the political
subdivision appearing as petitioner therein, a description of the
lands, property, and rights which the political subdivision intends
to acquire, and the names and addresses of all owners and claimants
thereof, including each trustee and mortgagee under each deed of
trust and mortgage, if known, or a statement that they are unknown.
The petition shall pray that the commission fix the just compensation
which shall be paid by the political subdivision, under the law, for
such lands, property and rights. The petition shall be signed in the
name of the political subdivision and verified by the chairman or
other presiding officer or by the secretary or clerk of the
legislative or other governing body of the political subdivision. At
the time the petition is filed, the petitioner shall also file with
the commission additional copies thereof equivalent in number to
three more than the number of owners and claimants named in the
petition.

1405. Upon the filing of the petition the commission shall make its
order to show cause. The order shall specify the nature of the
proceeding, contain a general description of the lands, property, and
rights which petitioner desires to acquire by condemnation or
otherwise, and direct the owners and claimants named in the petition,
who shall also be named in the order, to appear before the
commission at a time and place specified in the order, to show cause,
if any they have, why the commission should not proceed to hear the
petition and to fix the just compensation to be paid for the lands,
property, and rights.
The order shall direct the executive director of the commission to
serve or cause to be served upon each owner and claimant a copy of
the order certified under the seal of the commission to which shall
be attached a copy of the petition.

1405.1. With respect to water corporations and water companies, the
following procedures shall apply:
(a) Upon the filing of the petition, the commission shall make its
order to show cause. The order shall specify the nature of the
proceeding, contain a general description of the lands, property, and
rights which petitioner desires to acquire by condemnation or
otherwise, and direct the owners and claimants named in the petition,
who shall also be named in the order, to appear before the
commission at a time and place specified in the order and to show
cause, if any they have, why the commission should not proceed to
hear the petition and to fix the just compensation to be paid for the
lands, property, and rights.
The order shall direct the executive director of the commission to
serve or cause to be served upon each owner and claimant a copy of
the order certified under the seal of the commission to which shall
be attached a copy of the petition.
(b) In response to the order to show cause, in response to a
petition of the first class, as specified in Section 1403, the
respondent public utility, or the owners of more than one-half
interest in the public utility, may present the commission with a
certified copy of a filed motion to the superior court where the
utility property is located to take jurisdiction of the matter. When
presented the motion before, or at the time of, the hearing on the
order to show cause, the commission shall dismiss the proceeding. The
superior court shall then grant the motion to take jurisdiction of
the matter. The political subdivision may then file, within 60 days
of the court's granting the motion, an action in eminent domain
pursuant to the Code of Civil Procedure and any further proceedings
shall be conducted pursuant to those provisions.
(c) All proceedings held pursuant to either subdivision (b) or (d)
shall be given priority over all civil cases in accordance with
Section 1260.010 of the Code of Civil Procedure.
(d) In response to an order to show cause in response to a
petition of the second class, as specified in Section 1403, and upon
presentation of the motion specified in subdivision (b), the
commission shall suspend the proceeding, but shall not dismiss the
proceeding. The superior court shall then grant the motion to take
limited jurisdiction of the matter solely for the purpose of
determining the amount of just compensation. The political
subdivision may then file, within 30 days, an action in the nature of
eminent domain, solely for the purpose of determining, pursuant to
the Evidence Code and the Code of Civil Procedure, the just
compensation to be paid for the land, property, and rights. Upon a
determination of just compensation, the court shall certify the
finding to the commission. The finding shall not be appealable, and
the court shall be acting as an agent of the commission in making the
finding. The finding shall be binding on the commission as if it had
been made by the commission itself pursuant to Section 1411. The
commission shall then continue the matter pursuant to this chapter.
(e) If the respondent public utility, or the owners of more than
one-half interest in the public utility, in the case of a petition of
either the first or second class, files a motion to remove the
matter from the commission to superior court pursuant to this
section, the commission and the court shall not make an award of any
litigation expenses incurred prior to the commission's dismissal or
suspension of the matter.
(f) Notwithstanding any other provision of law, the date of
valuation for purposes of just compensation shall be fixed by the
superior court as of the day on which the court grants the motion
filed by the public utility pursuant to subdivision (b) or (d).
(g) A political subdivision is liable only as provided in Sections
1414 and 1415 for payment of the reasonable expenditures of the
owner in any proceeding initiated pursuant to subdivision (d). For
purposes of this subdivision, the proceeding before the commission,
as used in Section 1415, includes any proceedings conducted pursuant
to subdivision (d).
(h) The amendments made to this section by Assembly Bill 616
during the 1987 portion of the 1987-88 Regular Session of the
Legislature shall not apply to or affect any petition filed pursuant
to this section before January 1, 1988.

1406. Service of the order to show cause shall be made in
accordance with the provisions of the Code of Civil Procedure or by
depositing a copy of the order to show cause certified under the seal
of the commission with a copy of the petition attached thereto, in
the United States mail, enclosed in a sealed envelope, registered,
with postage prepaid, addressed to each of the owners or claimants,
at the address specified in the petition.

1407. If any owner or claimant named in the petition resides out of
the State or has departed from the State or cannot after due
diligence be found within the State, or conceals himself to avoid
service, or is a corporation having no managing or business agent,
cashier or secretary or other officer upon whom summons may be
served, who, after due diligence, can be found within the State, and
the fact appears by affidavit to the satisfaction of the commission,
and it also appears by such affidavit or by the petition that a cause
of action exists against the owner or claimant on whom the service
is to be made or that he is a necessary or proper party to the
proceeding, the commission shall make an order that the service be
made on such owner or claimant by publication of the commission's
order to show cause. The order shall direct that the publication be
made in a newspaper designated by the commission as likely to give
notice to the person to be served, and for such time as the
commission finds to be reasonable, at least once a week, but
publication against an owner or claimant residing out of the State or
absent therefrom shall not be less than two months. If the address
of any owner or claimant, as stated in the petition, is out of the
State, the secretary of the commission shall, within 15 days after
the making and filing of the order to show cause, deposit or cause to
be deposited a copy of that order, certified under the seal of the
commission, with a copy of the petition attached thereto, in the
United States mail, enclosed in a sealed envelope, registered, with
postage prepaid, addressed to such owner or claimant at the address
specified in the petition. When publication is ordered, personal
service of a copy of the order to show cause and of the petition out
of the State is equivalent to publication and deposit in the United
States mail.

1408. Within 10 days prior to the time set for the first hearing on
the petition, which time shall be not less than 30 days after the
filing of the petition, the executive director of the commission
shall serve or cause to be served upon the petitioner a written
notice specifying the time and place of the hearing. In all respects
not in this chapter otherwise specified, service and the proof of
service shall be made as provided by the Code of Civil Procedure.
Upon the completion of service upon the petitioner or upon any owner
or claimant named in the petition, the commission shall have full and
complete jurisdiction over such petitioner, owner, or claimant, with
full and complete jurisdiction, insofar as such petitioner, owner,
or claimant is concerned, to make each finding referred to in this
chapter. The failure to make service upon any person alleging that he
is an owner or claimant but not named in the petition shall in no
way affect the jurisdiction of the commission over owners and
claimants on whom service has been made.

1409. At the time and place specified in the order to show cause,
or at such other time and place as, for good cause, is otherwise
ordered by the commission, the commission shall proceed to a hearing
on the petition. At such times and in such amounts as is directed by
the commission, the political subdivision shall pay to the commission
all extra costs as determined by the commission, which the
commission incurs to comply with the requirements of this chapter,
and if such amounts are not paid by the political subdivision as
directed by the commission, the commission may suspend further
proceedings on the petition. Evidence may be presented by the
political subdivision, by each owner or claimant named in the
petition, and by the commission.

1410. The commission may, at any time subsequent to the filing of
the petition, and prior to making and filing its finding as to just
compensation, authorize the amendment of the petition by altering or
modifying the description of the lands, property, and rights, or by
adding to or deducting from the lands, property, and rights, and in
each other respect including jurisdictional allegations.

1411. When the proceeding has been submitted, the commission shall
make and file its written finding fixing, in a single sum, the just
compensation to be paid by the political subdivision for the lands,
property, and rights. If the commission finds that severance damages
should be paid, the just compensation for such damages shall be found
and stated separately. The just compensation shall be fixed by the
commission as of the day on which the petition was filed with the
commission.

1412. Within 20 days after the commission has made and filed its
finding, the owner of the lands, property, and rights may file with
the legislative or other governing body of the political subdivision
a written stipulation consenting and agreeing to accept the just
compensation fixed by the commission. Upon the filing of the
stipulation, the political subdivision shall proceed with all due
diligence to provide the necessary funds under the law governing the
providing of such funds, for paying the just compensation fixed by
the commission. Whenever the just compensation has been tendered by
the political subdivision, a deed of grant, bargain, and sale
conveying the owner's right, title, and interest in and to the lands,
property, and rights to the political subdivision shall be executed
and delivered by the owner, and the other claimants who have any
right, title, or interest in the property shall execute appropriate
instruments conveying or releasing to the political subdivision their
respective rights, titles, and interests therein. If the deed or the
instruments of convenience or release are not executed and delivered
within 60 days after such tender has been made, the political
subdivision may commence an action in a court of competent
jurisdiction or proceed under Section 1413.

1413. In the case of a petition of the first class, if the owner
does not file the stipulation within such 20 days, the political
subdivision, within 60 days after the commission has made and filed
its finding, shall commence an action in a court of competent
jurisdiction to take such lands, property, and rights, under eminent
domain proceedings. In the case of a petition of the second class, if
the owner does not file the stipulation within such 20 days, the
political subdivision, within 60 days after the commission has made
and filed its finding, shall initiate proceedings for the purpose of
submitting to its voters a proposition to acquire under eminent
domain proceedings the lands, property, and rights. The political
subdivision shall not be required, in either case, to delay for more
than 20 days after the commission has made and filed its finding,
before commencing such further proceedings. In the case of a petition
of the second class, if the voters of the political subdivision, as
provided by the law governing the political subdivision, vote in
favor of any proposition to acquire under eminent domain proceedings,
or otherwise, such lands, property, and rights, the political
subdivision shall, within 60 days thereafter, commence an action in a
court of competent jurisdiction to take such lands, property, and
rights, under eminent domain proceedings, unless the owner has filed
with the political subdivision a written stipulation consenting and
agreeing to accept the just compensation fixed by the commission.

1414. If the political subdivision, in a petition of the first
class, fails to file such action in a court of competent jurisdiction
within such period of 60 days after the commission has made and
filed its finding, or if the political subdivision, in a petition of
the second class, fails to proceed diligently to submit the
proposition to its voters or fails, if its voters have voted in favor
of the acquisition of the lands, property, and rights, to file such
action in a court of competent jurisdiction within 60 days
thereafter, the owner of such lands, property, and rights may file
with the commission a verified petition in writing setting forth that
fact. The petition may also set forth in detail the expenditures
which the owner has necessarily incurred in the proceeding before the
commission.
The commission shall thereupon cause written notice, with a copy
of the owners' petition attached thereto, to be served upon the
political subdivision, to appear before the commission at a time and
place specified in the notice, to show cause why an order should not
be made by the commission (a) finding that the political subdivision
has failed to pursue diligently its rights, (b) determining that the
finding as to just compensation shall no longer be of any force or
effect, and (c) determining the reasonable expenditures necessarily
incurred by the owner which, in the opinion of the commission, should
be assessed against the political subdivision. The time specified in
the notice shall be not less than 10 days subsequent to the date of
service.

1415. If the commission determines that the political subdivision,
in case of a petition of the first class, has failed to commence the
action in a court of competent jurisdiction within 60 days after the
commission has made and filed its finding of just compensation, or
that the political subdivision, in case of a petition of the second
class, has failed to proceed diligently to submit the proposition to
its voters or has failed, after its voters have voted in favor of the
acquisition of the lands, property or rights, to file such action in
a court of competent jurisdiction within 60 days thereafter, the
commission shall make and file its order declaring that such finding
shall no longer be of any force or effect, and make its finding as to
the reasonable expenditures necessarily incurred by the owner in the
proceeding before the commission, which should be assessed against
the political subdivision. The political subdivision shall thereupon
be liable to the owner in the amount thus found by the commission,
and the owner may thereupon maintain an action against the political
subdivision for such amount in any court of competent jurisdiction.

1416. The finding of the commission fixing the just compensation to
be paid by the political subdivision for the lands, property, and
rights shall be final and shall not be subject to modification,
alteration, reversal, or review by any court of this State. If the
court in which the political subdivision has commenced its action,
subsequent to the making and filing by the commission of its finding
as to just compensation, decides that the political subdivision has
the right and power under the law to take the lands, property, and
rights, it shall enter a judgment in favor of the complainant in the
action, fixing as the just compensation which shall be paid for the
taking of the lands, property, and rights, the just compensation
fixed by the commission. The judgment may include the allowance of
such costs between the parties as is provided for in the law of
eminent domain of this State. The judgment of the court insofar as it
refers to the just compensation to be paid for the lands, property,
and rights, shall be final and shall not be subject to modification,
alteration, reversal, or review by any court except as specified in
this chapter. The judgment of the court shall include a provision, in
substance, that it is subject to modification by reason of such
increase or decrease in the just compensation to be paid as may
thereafter be certified to the court by the commission, as provided
in this chapter.

1417. At any time within 30 days subsequent to the entry of such
judgment, the owner of the lands, property, and rights may file with
the commission a verified petition in writing, alleging that by
reason of expenditures made by the owner subsequent to the date of
the filing of the original petition with the commission, for the
purpose of preserving or improving the lands, property, and rights,
or by reason of other acts and occurrences subsequent to that date,
the just compensation theretofore fixed by the commission should be
increased, and praying that the commission make its finding
increasing such compensation. At any time within 30 days subsequent
to the entry of the judgment, the political subdivision may file with
the commission a verified petition in writing, alleging that by
reason of loss or destruction of the lands, property, and rights, or
by reason of depreciation or deterioration thereof or by reason of
other acts and occurrences, subsequent to the date of the filing of
the original petition, the just compensation theretofore fixed by the
commission should be decreased, and praying that the commission make
its finding decreasing the compensation. The commission shall in
each instance cause a copy of such petition or petitions to be served
upon each party other than the petitioner, who was named as the
political subdivision, owner, or claimant in the original proceeding
before the commission, together with a written notice specifying the
time and place of hearing on such petition or petitions, which time
shall be within 45 days after the entry of the judgment by the court,
and shall cause written notice of the time and place of the hearing
to be served upon each petitioner in such petition or petitions. If
both such petitions are filed, the commission may consolidate them
for hearing and decision.

1418. After a hearing, the commission shall make and file its
finding fixing, as of the date on which the finding is made and
filed, the extent to which the just compensation theretofore fixed
should be increased or decreased by reason of the matters alleged in
the petition or petitions. If the claim is made that the just
compensation theretofore fixed by the commission should be increased
by reason of expenditures made by the owner subsequent to the date of
the filing of the original petition with the commission for the
purpose of preserving or improving the lands, property, and rights
the commission may increase the just compensation only to the extent
to which the commission determines that such expenditures were
beneficial to the lands, property, and rights, and reasonably and
prudently made. The finding of the commission fixing the extent to
which the just compensation theretofore fixed should be thus
increased or decreased shall be final and shall not be subject to
modification, alteration, reversal, or review by any court of this
State.

1419. The commission shall thereupon transmit to the court its
finding, certified under the seal of the commission, fixing the
extent to which the just compensation theretofore fixed by the
commission shall be increased or decreased. The court shall thereupon
modify its judgment so as to conform with the finding of the
commission. The judgment of the court, as thus modified, insofar as
it refers to the just compensation to be paid for the lands,
property, and rights, shall be final and shall not be subject to
modification, alteration, reversal, or review by any court. The
filing of either or both the petitions specified in Section 1417
shall not act as a stay of the judgment in condemnation, but upon the
payment of the just compensation fixed in the original judgment of
condemnation the plaintiff in the action shall be entitled to
immediate possession of the lands, property, and rights.

1420. (a) The provisions of this part with reference to rehearing
and review shall be applicable to the findings of the commission made
and filed under this chapter. Petitions for rehearing shall be filed
within 20 days from the date of making and filing the finding as to
which a rehearing is desired.
(b) If the finding of the commission is set aside by the Supreme
Court or the court of appeal of the State of California, the matter
shall be referred back to the commission for further action in the
proceeding before the commission, and the commission may, in taking
further action, consider the entire testimony theretofore taken in
the proceeding before the commission as well as further testimony
presented in connection with the further action.
(c) If a writ of review is issued by the Supreme Court or court of
appeal of the State of California, the time within which the
political subdivision shall file an action in a court of competent
jurisdiction or submit the proposition to its voters shall be
extended to not more than 60 days beyond the final decision of the
court upon that writ.

1421. The procedure provided in this chapter shall be alternative
and cumulative and not exclusive, and the political subdivision shall
continue to have the right to pursue any other procedure providing
for the acquisition under eminent domain proceedings of the lands,
property, and rights of any public utility. This chapter shall not be
construed as repealing any law of this State providing for such
eminent domain proceedings.