California

Code of Civil Procedure - CCP

3,424 sections, each with the official text and a plain-English explanation of what it means for you.

• § 116.610 — (a) The small claims court shall give judgment for damages, or equitable relief, or both damages and equitable relief, within the jurisdictional limits stated in Sections 116.
• § 116.620 — (a) The judgment debtor shall pay the amount of the judgment either immediately or at the time and upon the terms and conditions, including payment by installments, which the court may order.
• § 116.630 — The court may, at any time after judgment, for good cause, upon motion by a party and notice by the clerk to all affected parties at their last known address, amend the name of any party to include bo
• § 116.710 — (a) The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff’s claim, but a plaintiff who did not appear at the hearing may file a motion to vacate the judgme
• § 116.720 — (a) A plaintiff who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk of the small claims court.
• § 116.725 — (a) A motion to correct a clerical error in a judgment or to set aside and vacate a judgment on the ground of an incorrect or erroneous legal basis for the decision may be made as follows: (1) By the
• § 116.730 — (a) A defendant who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk of the small claims court.
• § 116.740 — (a) If the defendant was not properly served as required by Section 116.
• § 116.745 — The clerk shall collect a fee of twenty dollars ($20) for the filing of a motion to vacate.
• § 116.750 — (a) An appeal from a judgment in a small claims action is taken by filing a notice of appeal with the clerk of the small claims court.
• § 116.760 — (a) The appealing party shall pay a fee of seventy-five dollars ($75) for filing a notice of appeal.
• § 116.770 — (a) The appeal to the superior court shall consist of a new hearing before a judicial officer other than the judicial officer who heard the action in the small claims division.
• § 116.780 — (a) The judgment of the superior court after a hearing on appeal is final and not appealable.
• § 116.790 — If the superior court finds that the appeal was without substantial merit and not based on good faith, but was intended to harass or delay the other party, or to encourage the other party to abandon t
• § 116.795 — (a) The superior court may dismiss the appeal if the appealing party does not appear at the hearing or if the appeal is not heard within one year from the date of filing the notice of appeal with the
• § 116.798 — (a) (1) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of the small claims division, other than a postjudgment enforcement order, may be heard b
• § 116.810 — (a) Enforcement of the judgment of a small claims court, including the issuance or recording of any abstract of the judgment, is automatically suspended, without the filing of a bond by the defendant,
• § 116.820 — (a) The judgment of a small claims court, or the judgment of the superior court after a hearing on appeal, may be enforced by the small claims court as provided in Title 9 (commencing with Section 680
• § 116.830 — (a) At the time judgment is rendered, or notice of entry of the judgment is mailed to the parties, the clerk shall deliver or mail to the judgment debtor a form containing questions regarding the natu
• § 116.840 — (a) At the option of the judgment debtor, payment of the judgment may be made either (1) to the judgment creditor in accordance with Section 116.
• § 116.850 — (a) If full payment of the judgment is made to the judgment creditor or to the judgment creditor’s assignee of record, then immediately upon receipt of payment, the judgment creditor or assignee shall
• § 116.860 — (a) A judgment debtor who desires to make payment to the court in which the judgment was entered may file a request to make payment, which shall be made on a form approved or adopted by the Judicial C
• § 116.870 — (a) Sections 16250 to 16381, inclusive, of the Vehicle Code, regarding the suspension of the judgment debtor’s privilege to operate a motor vehicle for failing to satisfy a judgment, apply if the judg
• § 116.880 — (a) If the judgment (1) was for one thousand dollars ($1,000) or less, (2) resulted from a motor vehicle accident occurring on a California highway caused by the defendant’s operation of a motor vehic
• § 116.920 — (a) The Judicial Council shall provide by rule for the practice and procedure and for the forms and their use in small claims actions.
• § 116.930 — (a) Each small claims division shall provide in each courtroom in which small claims actions are heard a current copy of a publication describing small claims court law and the procedures that are app
• § 116.940 — (a) Except as otherwise provided in this section or in rules adopted by the Judicial Council, which are consistent with the requirements of this section, the characteristics of the small claims adviso
• § 116.950 — (a) This section shall become operative only if the Department of Consumer Affairs determines that sufficient private or public funds are available in addition to the funds available in the department
• § 1160 — (a) Every person is guilty of a forcible detainer who either: (1) By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was
• § 1161 — A tenant of real property, for a term less than life, or the executor or administrator of the tenant’s estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unl
• § 1161.1 — With respect to application of Section 1161 in cases of possession of commercial real property after default in the payment of rent: (a) If the amount stated in the notice provided to the tenant pursu
• § 1161.2 — (a) (1) The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows: (A) To a party to the action, in
• § 1161.2.5 — (a) (1) Except as provided in Section 1161.
• § 1161.3 — (a) For purposes of this section: (1) “Abuse or violence” means domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, stalking as defined in Secti
• § 1161.4 — (a) A landlord shall not cause a tenant or occupant to quit involuntarily or bring an action to recover possession because of the immigration or citizenship status of a tenant, occupant, or other pers
• § 1161.5 — When the notice required by Section 1161 states that the lessor or the landlord may elect to declare the forfeiture of the lease or rental agreement, that declaration shall be nullified and the lease
• § 1161a — (a) As used in this section: (1) “Manufactured home” has the same meaning as provided in Section 18007 of the Health and Safety Code.
• § 1161b — (a) Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at the time the property is sold in foreclosure shall b
• § 1162 — (a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods: (1) By delivering a copy to the tenant personally.
• § 1162a — In any case in which service or exhibition of a receiver’s or levying officer’s deed is required, in lieu thereof service of a copy or copies of the deed may be made as provided in Section 1162.
• § 1164 — No person other than the tenant of the premises and subtenant, if there be one, in the actual occupation of the premises when the complaint is filed, need be made parties defendant in the proceeding,
• § 1165 — Except as provided in the preceding section, the provisions of Part II of this Code, relating to parties to civil actions, are applicable to this proceeding.
• § 1166 — (a) The complaint shall: (1) Be verified and include the typed or printed name of the person verifying the complaint.
• § 1166a — (a) Upon filing the complaint, the plaintiff may, upon motion, have immediate possession of the premises by a writ of possession of a manufactured home, mobilehome, or real property issued by the cour
• § 1167 — (a) The summons shall be in the form specified in Section 412.
• § 1167.1 — If proof of service of the summons has not been filed within 60 days of the complaint’s filing, the court may dismiss the action without prejudice.
• § 1167.3 — In any action under this chapter, unless otherwise ordered by the court for good cause shown, the time allowed the defendant to answer the complaint, answer the complaint, if amended, or amend the ans
• § 1167.4 — Notwithstanding any other provision of law, in any action under this chapter: (a) Where the defendant files a notice of motion as provided for in subdivision (a) of Section 418.
• § 1167.5 — Unless otherwise ordered by the court for good cause shown, no extension of time allowed in any action under this chapter for the causes specified in Section 1054 shall exceed 10 days without the cons
• § 1169 — If, at the time appointed, any defendant served with a summons does not appear and defend, the clerk, upon written application of the plaintiff and proof of the service of summons and complaint, shall
• § 1170 — (a) On or before the day fixed for their appearance, the defendant may appear and answer, demur, or move to strike any portion of the complaint.
• § 1170.5 — (a) If the defendant appears pursuant to Section 1170, trial of the proceeding shall be held not later than the 20th day following the date that the request to set the time of the trial is made.
• § 1170.7 — A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice.
• § 1170.8 — In any action under this chapter, a discovery motion may be made at any time upon giving five days’ notice.
• § 1170.9 — The Judicial Council shall adopt rules, not inconsistent with statute, prescribing the time for filing and serving opposition and reply papers, if any, relating to a motion under Section 1167.
• § 1171 — Whenever an issue of fact is presented by the pleadings, it must be tried by a jury, unless such jury be waived as in other cases.
• § 1172 — On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he
• § 1173 — When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than
• § 1174 — (a) If upon the trial, the verdict of the jury, or, if the case be tried without a jury, the findings of the court be in favor of the plaintiff and against the defendant, judgment shall be entered for
• § 1174.2 — (a) In an unlawful detainer proceeding involving residential premises after default in payment of rent and in which the tenant has raised as an affirmative defense a breach of the landlord’s obligatio
• § 1174.21 — A landlord who institutes an unlawful detainer proceeding based upon a tenant’s nonpayment of rent, and who is liable for a violation of Section 1942.
• § 1174.25 — (a) (1) Except as provided in paragraph (2), an occupant who is served with a prejudgment claim of right to possession in accordance with Section 415.
• § 1174.27 — (a) This section shall apply to an unlawful detainer proceeding in which all of the following are true: (1) The proceeding involves a residential premises.
• § 1174.3 — (a) (1) Except as provided in paragraph (2), unless a prejudgment claim of right to possession has been served upon occupants in accordance with Section 415.
• § 1174.5 — A judgment in unlawful detainer declaring the forfeiture of the lease or agreement under which real property is held shall not relieve the lessee from liability pursuant to Section 1951.
• § 1176 — (a) An appeal taken by the defendant shall not automatically stay proceedings upon the judgment.
• § 1177 — Except as otherwise provided in this Chapter the provisions of Part II of this Code are applicable to, and constitute the rules of practice in the proceedings mentioned in this Chapter.
• § 1178 — The provisions of Part 2 of this code, relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter or with rules adopted by the Judicial Council, ap
• § 1179 — The court may relieve a tenant against a forfeiture of a lease or rental agreement, whether written or oral, and whether or not the tenancy has terminated, and restore him or her to his or her former
• § 1179a — In all proceedings brought to recover the possession of real property pursuant to the provisions of this chapter all courts, wherein such actions are or may hereafter be pending, shall give such actio
• § 1180 — A lien is a charge imposed upon specific property, by which it is made security for the performance of an act.
• § 12 — The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded.
• § 1203.50 — This chapter shall be known and may be cited as the Oil and Gas Lien Act.
• § 1203.51 — Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this chapter.
• § 1203.52 — Any person who shall, under contract with the owner of any leasehold for oil or gas purposes perform any labor or furnish any material or services used or employed, or furnished to be used or employed
• § 1203.53 — Liens created under Section 1203.
• § 1203.54 — Any person who shall, under contract, perform any labor or furnish any material or services as a subcontractor under an original contractor or for or to an original contractor or a subcontractor under
• § 1203.55 — When a lien provided for in this chapter shall have attached to a leasehold estate, forfeiture of such estate shall not impair any lien as to material, appurtenances and fixtures located thereon and t
• § 1203.56 — The lien provided for in this chapter arises on the date of the furnishing of the first item of material or services or the date of performance of the first labor for which a lien is claimed under the
• § 1203.57 — All liens arising by virtue of this chapter upon the same property shall be of equal standing except that liens of persons for the performance of labor shall be preferred to all other liens arising by
• § 1203.58 — Every person claiming a lien under this chapter, shall record in the office of the county recorder for the county in which such leasehold, or some part thereof, is situated, a verified statement setti
• § 1203.59 — Anything in this chapter to the contrary notwithstanding, any lien claimed by virtue of this chapter, insofar as it may extend to oil or gas or the proceeds of the sale of oil or gas, shall not be eff
• § 1203.60 — (a) Whenever any lien or liens shall be claimed or recorded under the provisions of this chapter then the lessor or owner of the property on which the lien or liens are claimed or the contractor or su
• § 1203.61 — (a) Any lien provided for by this chapter shall be enforced in the same manner as provided in Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code.
• § 1203.62 — Nothing in this chapter shall be construed to impair or affect the right of any person to whom any debt may be due for work performed or materials or services furnished to maintain a personal action a
• § 1203.63 — The taking of any note or any additional security by any person given a lien by this chapter shall not constitute a waiver of the lien given by this chapter unless made a waiver by express agreement o
• § 1203.64 — All claims for liens and likewise all actions to recover therefor under this chapter shall be assignable upon compliance with the provisions of Section 1203.
• § 1203.65 — All liens granted by this chapter shall be perfected and enforced in accordance with the provisions hereof whether such liens arise before or after the effective date of this chapter; provided, howeve
• § 1203.66 — This chapter shall be given liberal construction in favor of all persons entitled to any lien under it.
• § 1204 — When any assignment, whether voluntary or involuntary, and whether formal or informal, is made for the benefit of creditors of the assignor, or results from any proceeding in insolvency or receivershi
• § 1204.5 — In any general assignment for the benefit of creditors, the following claims shall have priority, subordinate to the priorities for labor claims under Section 1204, but prior to all other unsecured cl
• § 1205 — Upon the sale or transfer of any business or the stock in trade, in bulk, or a substantial part thereof, not in the ordinary and regular course of business or trade, unpaid wages of employees of the s
• § 1206 — (a) Upon the levy under a writ of attachment or execution not founded upon a claim for labor, any miner, mechanic, salesman, servant, clerk, laborer or other person who has performed work or rendered
• § 1207 — Within five days after receiving a copy of the statement provided for in the next preceding section, either the plaintiff or the defendant in the action in which the writ issued may file with the offi
• § 1208 — If the claims presented under Section 1206 and not disputed, or, if disputed, established by judgment, exceed the proceeds of the writ not disposed of before their presentation, such proceeds shall be
• § 1208.5 — A person having a lien upon an animal or animals under the provisions of Section 597a or 597.
• § 1208.61 — Subject to the limitations set forth in this chapter, every person has a lien dependent upon possession for the compensation to which he is legally entitled for making repairs or performing labor upon
• § 1208.62 — That portion of such lien in excess of two hundred fifty dollars ($250) for work or services rendered or performed at the request of any person other than the holder of the legal title is invalid, unl
• § 1208.63 — Any lien for labor or materials provided for in this chapter may be assigned by written instrument accompanied by delivery of possession of the aircraft subject to the lien and the assignee may exerci
• § 1208.64 — Whenever the lien upon any aircraft is lost by reason of the loss of possession through trick, fraud, or device, the repossession of such aircraft by the lienholder revives the lien, but the lien so r
• § 1208.65 — If the lienholder is not paid the amount due within 10 days after it becomes due, the lienholder may proceed to sell the property, or so much thereof as is necessary to satisfy the lien and costs of s
• § 1208.66 — Prior to any such sale the lienholder shall publish a notice of the sale pursuant to Section 6062 of the Government Code in a newspaper published in the county in which the aircraft is situated, or if
• § 1208.67 — The proceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the property.
• § 1208.68 — Within 20 days after the sale, the legal owner may redeem the aircraft so sold upon the payment of the amount of the lien, all costs and expenses of sale, and interest on such sum at the rate of 12 pe
• § 1208.69 — It is a misdemeanor for any person to obtain possession of all or any part of any aircraft subject to a lien under this chapter through surreptitious removal or by trick, fraud, or device perpetrated
• § 1208.70 — This chapter shall not apply to aircraft operated exclusively by an air carrier or a foreign air carrier, as defined in subdivisions (2) and (19) of Section 1 of Chapter 601 of the Statutes of the Sev
• § 1209 — (a) The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court: (1) Disorderly, contemptuous, or insolent behavior toward the
• § 1209.5 — When a court of competent jurisdiction makes an order compelling a parent to furnish support or necessary food, clothing, shelter, medical attendance, or other remedial care for his or her child, proo
• § 1210 — Every person dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, who, not having right so to do, reenters into or upon or takes possession
• § 1211 — (a) When a contempt is committed in the immediate view and presence of the court, or of the judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occu
• § 1211.5 — At all stages of all proceedings, the affidavit or statement of facts, as the case may be, required by Section 1211 shall be construed, amended, and reviewed according to the followings rules: (a) If
• § 1212 — When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest,
• § 1213 — Whenever a warrant of attachment is issued pursuant to this title the court or judge must direct, by an endorsement on the warrant, that the person charged may give an undertaking for the person’s app
• § 1214 — Upon executing the warrant of attachment, the officer executing the warrant must keep the person in custody, bring him before the court or judge, and detain him until an order be made in the premises,
• § 1215 — The person arrested must be discharged from the arrest upon executing and delivering to the officer, at any time before the return day of the warrant, an undertaking to the effect that the person arre
• § 1216 — The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein.
• § 1217 — When the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may ex
• § 1218 — (a) Upon the answer and evidence taken, the court or judge shall determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that the person is guilty of th
• § 1218.5 — (a) If the contempt alleged is for failure to pay child, family, or spousal support, each month for which payment has not been made in full may be alleged as a separate count of contempt and punishmen
• § 1219 — (a) Except as provided in subdivisions (b) and (c), if the contempt consists of the omission to perform an act which is yet in the power of the person to perform, he or she may be imprisoned until he
• § 1219.5 — (a) Except as provided in subdivision (d), in any case in which a contempt consists of the refusal of a minor under 16 years of age to take the oath or to testify, before imposing any sanction for the
• § 1220 — When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest or may order the undertaking to be
• § 1221 — Whenever, by the provisions of this title, an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring him before a court or judge, the inability, from illness
• § 1222 — The judgment and orders of the court or judge, made in cases of contempt, are final and conclusive.
• § 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.
• § 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 thi
• § 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.
• § 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 thi
• § 1235.010 — Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this title.
• § 1235.020 — Chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this title.
• § 1235.030 — Whenever any reference is made to any portion of this title or to any other statute, such reference shall apply to all amendments and additions heretofore or hereafter made.
• § 1235.040 — Unless otherwise expressly stated: (a) “Chapter” means a chapter of this title.
• § 1235.050 — The present tense includes the past and future tenses; and the future, the present.
• § 1235.060 — “Shall” is mandatory and “may” is permissive.
• § 1235.070 — If any provision or clause of this title or application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the title that can be
• § 1235.110 — Unless the provision or context otherwise requires, these definitions govern the construction of this title.
• § 1235.120 — “Final judgment” means a judgment with respect to which all possibility of direct attack by way of appeal, motion for a new trial, or motion under Section 663 to vacate the judgment has been exhausted
• § 1235.125 — When used with reference to property, “interest” includes any right, title, or estate in property.
• § 1235.130 — “Judgment” means the judgment determining the right to take the property by eminent domain and fixing the amount of compensation to be paid by the plaintiff.
• § 1235.140 — “Litigation expenses” includes both of the following: (a) All expenses reasonably and necessarily incurred in the proceeding in preparing for trial, during trial, and in any subsequent judicial procee
• § 1235.150 — “Local public entity” means any public entity other than the state.
• § 1235.155 — “Nonprofit, special use property” means property which is operated for a special nonprofit, tax-exempt use such as a school, church, cemetery, hospital, or similar property.
• § 1235.160 — “Person” includes any public entity, individual, association, organization, partnership, trust, limited liability company, or corporation.
• § 1235.165 — “Proceeding” means an eminent domain proceeding under this title.
• § 1235.170 — “Property” includes real and personal property and any interest therein.
• § 1235.180 — “Property appropriated to public use” means property either already in use for a public purpose or set aside for a specific public purpose with the intention of using it for such purpose within a reas
• § 1235.190 — “Public entity” includes the state, a county, city, district, public authority, public agency, and any other political subdivision in the state.
• § 1235.193 — “Electric, gas, or water public utility property” means property appropriated to a public use by a public utility, as defined in Section 218, 222, or 241 of the Public Utilities Code.
• § 1235.195 — “Resolution” includes ordinance.
• § 1235.200 — “State” means the State of California and includes the Regents of the University of California.
• § 1235.210 — “Statute” means a constitutional provision or statute, but does not include a charter provision or ordinance.
• § 124 — (a) Except as provided in Section 214 of the Family Code or any other law, the sittings of every court shall be public.
• § 1240.010 — The power of eminent domain may be exercised to acquire property only for a public use.
• § 1240.020 — The power of eminent domain may be exercised to acquire property for a particular use only by a person authorized by statute to exercise the power of eminent domain to acquire such property for that u
• § 1240.030 — The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The public interest and necessity require the project.
• § 1240.040 — A public entity may exercise the power of eminent domain only if it has adopted a resolution of necessity that meets the requirements of Article 2 (commencing with Section 1245.
• § 1240.050 — A local public entity may acquire by eminent domain only property within its territorial limits except where the power to acquire by eminent domain property outside its limits is expressly granted by
• § 1240.055 — (a) As used in this section, the following terms have the following meanings: (1) “Conservation easement” means a conservation easement as defined in Section 815.
• § 1240.110 — (a) Except to the extent limited by statute, any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire any interest in proper
• § 1240.120 — (a) Subject to any other statute relating to the acquisition of property, any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to a
• § 1240.125 — Except as otherwise expressly provided by statute and subject to any limitations imposed by statute, a local public entity may acquire property by eminent domain outside its territorial limits for wat
• § 1240.130 — Subject to any other statute relating to the acquisition of property, any public entity authorized to acquire property for a particular use by eminent domain may also acquire such property for such us
• § 1240.140 — (a) As used in this section, “public agencies” includes all those agencies included within the definition of “public agency” in Section 6500 of the Government Code.
• § 1240.150 — Whenever a part of a larger parcel of property is to be acquired by a public entity for public use and the remainder, or a portion of the remainder, will be left in such size, shape, or condition as t
• § 1240.160 — (a) None of the provisions of this article is intended to limit, or shall limit, any other provision of this article, each of which is a distinct and separate authorization.
• § 1240.210 — For the purposes of this article, the “date of use” of property taken for public use is the date when the property is devoted to that use or when construction is started on the project for which the p
• § 1240.220 — (a) Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire property to be used in the future for that use, but property ma
• § 1240.230 — (a) If the defendant objects to a taking for future use, the burden of proof is as prescribed in this section.
• § 1240.240 — Notwithstanding any other provision of this article, any public entity authorized to acquire property for a particular use by eminent domain may acquire property to be used in the future for that use
• § 1240.250 — Notwithstanding any other provision of this article, where property is taken pursuant to the Federal Aid Highway Act of 1973: (a) A date of use within 10 years from the date the complaint is filed sha
• § 1240.310 — As used in this article: (a) “Necessary property” means property to be used for a public use for which the public entity is authorized to acquire property by eminent domain.
• § 1240.320 — (a) Any public entity authorized to exercise the power of eminent domain to acquire property for a particular use may exercise the power of eminent domain to acquire for that use substitute property i
• § 1240.330 — (a) Where necessary property is devoted to public use, any public entity authorized to exercise the power of eminent domain to acquire such property for a particular use may exercise the power of emin
• § 1240.350 — (a) Whenever a public entity acquires property for a public use and exercises or could have exercised the power of eminent domain to acquire such property for such use, the public entity may exercise
• § 1240.410 — (a) As used in this section, “remnant” means a remainder or portion thereof that will be left in such size, shape, or condition as to be of little market value.
• § 1240.420 — When property is sought to be acquired pursuant to Section 1240.
• § 1240.430 — A public entity may sell, lease, exchange, or otherwise dispose of property taken under this article and may credit the proceeds to the fund or funds available for acquisition of the property being ac
• § 1240.510 — Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use property appropriated to public use if the proposed us
• § 1240.520 — If the defendant objects to a taking under Section 1240.
• § 1240.530 — (a) Where property is taken under Section 1240.
• § 1240.610 — Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use property appropriated to public use if the use for whi
• § 1240.620 — If the defendant objects to a taking under Section 1240.
• § 1240.630 — (a) Where property is sought to be taken under Section 1240.
• § 1240.640 — (a) Where property has been appropriated to public use by any person other than the state, the use thereof by the state for the same use or any other public use is presumed to be a more necessary use
• § 1240.650 — (a) Where property has been appropriated to public use by any person other than a public entity, the use thereof by a public entity for the same use or any other public use is a more necessary use tha
• § 1240.655 — (a) If Golden State Energy commences an eminent domain action to acquire Pacific Gas and Electric Company property, including any franchise rights and stock, pursuant to Section 713 of the Public Util
• § 1240.660 — Where property has been appropriated to public use by a local public entity, the use thereof by the local public entity is presumed to be a more necessary use than any use to which such property might
• § 1240.670 — (a) Subject to Section 1240.
• § 1240.680 — (a) Subject to Sections 1240.
• § 1240.690 — (a) When property described in Section 1240.
• § 1240.700 — (a) When property described in Section 1240.
• § 1245.010 — Subject to requirements of this article, any person authorized to acquire property for a particular use by eminient domain may enter upon property to make photographs, studies, surveys, examinations,
• § 1245.020 — In any case in which the entry and activities mentioned in Section 1245.
• § 1245.030 — (a) The person seeking to enter upon the property may petition the court for an order permitting the entry and shall give such prior notice to the owner of the property as the court determines is appr
• § 1245.040 — (a) The court, after notice and hearing, may modify any of the provisions of an order made under Section 1245.