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Code of Civil Procedure - CCP - CCP § 1235.125

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1235.125

When used with reference to property, “interest” includes any right, title, or estate in property.

Code of Civil Procedure - CCP - CCP § 1235.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1235.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 proceedings. (b) Reasonable attorney’s fees, appraisal fees, and fees for the services

Code of Civil Procedure - CCP - CCP § 1235.150

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1235.150

“Local public entity” means any public entity other than the state.

Code of Civil Procedure - CCP - CCP § 1235.155

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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. “Nonprofit, special use property” does not include property owned by a public entity.

Code of Civil Procedure - CCP - CCP § 1235.160

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1235.160

“Person” includes any public entity, individual, association, organization, partnership, trust, limited liability company, or corporation.

Code of Civil Procedure - CCP - CCP § 1235.165

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1235.165

“Proceeding” means an eminent domain proceeding under this title.

Code of Civil Procedure - CCP - CCP § 1235.170

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1235.170

“Property” includes real and personal property and any interest therein.

Code of Civil Procedure - CCP - CCP § 1235.180

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 reasonable time.

Code of Civil Procedure - CCP - CCP § 1235.190

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1235.190

“Public entity” includes the state, a county, city, district, public authority, public agency, and any other political subdivision in the state.

Code of Civil Procedure - CCP - CCP § 1235.193

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1235.195

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1235.195

“Resolution” includes ordinance.

Code of Civil Procedure - CCP - CCP § 1235.200

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1235.200

“State” means the State of California and includes the Regents of the University of California.

Code of Civil Procedure - CCP - CCP § 1235.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1235.210

“Statute” means a constitutional provision or statute, but does not include a charter provision or ordinance.

Code of Civil Procedure - CCP - CCP § 124

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 124

(a) Except as provided in Section 214 of the Family Code or any other law, the sittings of every court shall be public. (b) (1) The court shall not exclude the public from physical access because remote access is available, unless it is necessary to restrict or limit physical acc

Code of Civil Procedure - CCP - CCP § 1240.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1240.010

The power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by t

Code of Civil Procedure - CCP - CCP § 1240.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 use.

Code of Civil Procedure - CCP - CCP § 1240.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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. (b) The project is planned or located in the manner that will be most compatible with t

Code of Civil Procedure - CCP - CCP § 1240.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 1245.210) of Chapter 4.

Code of Civil Procedure - CCP - CCP § 1240.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 statute or necessarily implied as an incident of one of its other statutory powe

Code of Civil Procedure - CCP - CCP § 1240.055

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 815.1 of the Civil Code and recorded as required by Section 815.5 of the Civil Code. (2) “Holder of a conservation easemen

Code of Civil Procedure - CCP - CCP § 1240.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 property necessary for that use including, but not limited to, submerged lands, rights

Code of Civil Procedure - CCP - CCP § 1240.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 acquire property necessary to carry out and make effective the principal purpose

Code of Civil Procedure - CCP - CCP § 1240.125

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 water, gas, or electric supply purposes or for airports, drainage or sewer purposes

Code of Civil Procedure - CCP - CCP § 1240.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 use by grant, purchase, lease, gift, devise, contract, or other means.