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Code of Civil Procedure - CCP - CCP § 1245.340

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.340

The resolution required by this article shall contain all of the following: (a) A general statement of the public use for which the property is to be taken and a reference to the statute that authorizes the quasi-public entity to acquire the property by eminent domain. (b) A desc

Code of Civil Procedure - CCP - CCP § 1245.350

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.350

(a) The legislative body may refuse to consent to the acquisition with or without a hearing, but it may adopt the resolution required by this article only after the legislative body has held a hearing at which persons whose property is to be acquired by eminent domain have had a

Code of Civil Procedure - CCP - CCP § 1245.360

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.360

The resolution required by this article shall be adopted by a vote of two-thirds of all the members of the legislative body.

Code of Civil Procedure - CCP - CCP § 1245.370

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.370

The legislative body may require that the quasi-public entity pay all of the costs reasonably incurred by the legislative body under this article. The legislative body may require that such costs be secured by payment or deposit or other satisfactory security in advance of any ac

Code of Civil Procedure - CCP - CCP § 1245.380

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.380

The requirement of this article is in addition to any other requirements imposed by law. Nothing in this article relieves the quasi-public entity from satisfying the requirements of Section 1240.030 or any other requirements imposed by law.

Code of Civil Procedure - CCP - CCP § 1245.390

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1245.390

The adoption of a resolution pursuant to this article does not make the city or county liable for any damages caused by the acquisition of the property or by the project for which it is acquired.

Code of Civil Procedure - CCP - CCP § 1250.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.010

Except as otherwise provided in Section 1230.060 and in Chapter 12 (commencing with Section 1273.010), all eminent domain proceedings shall be commenced and prosecuted in the superior court.

Code of Civil Procedure - CCP - CCP § 1250.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.020

(a) Except as provided in subdivision (b), the proceeding shall be commenced in the county in which the property sought to be taken is located. (b) When property sought to be taken is situated in more than one county, the plaintiff may commence the proceeding in any one of such c

Code of Civil Procedure - CCP - CCP § 1250.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.030

(a) Except as provided in subdivision (b), the county in which the proceeding is commenced pursuant to Section 1250.020 is the proper county for trial of the proceeding. (b) Where the court changes the place of trial pursuant to Section 1250.040, the county to which the proceedin

Code of Civil Procedure - CCP - CCP § 1250.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.040

The provisions of the Code of Civil Procedure for the change of place of trial of actions apply to eminent domain proceedings.

Code of Civil Procedure - CCP - CCP § 1250.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.110

An eminent domain proceeding is commenced by filing a complaint with the court.

Code of Civil Procedure - CCP - CCP § 1250.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.120

(a) Except as provided in subdivision (b), the form and contents of the summons shall be as in civil actions generally. (b) Where process is served by publication, in addition to the summons, the publication shall describe the property sought to be taken in a manner reasonably ca

Code of Civil Procedure - CCP - CCP § 1250.125

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.125

(a) Where summons is served by publication, the publication may name only the defendants to be served thereby and describe only the property in which the defendants to be served thereby have or claim interests. (b) Judgment based on failure to appear and answer following service

Code of Civil Procedure - CCP - CCP § 1250.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.130

Where the court orders service by publication, it shall also order the plaintiff (1) to post a copy of the summons and complaint on the property sought to be taken and (2), if not already recorded, to record a notice of the pendency of the proceeding in the manner provided by Sec

Code of Civil Procedure - CCP - CCP § 1250.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.140

Where the state is a defendant, the summons and the complaint shall be served on the Attorney General.

Code of Civil Procedure - CCP - CCP § 1250.150

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.150

The plaintiff, at the time of the commencement of the proceeding, shall record a notice of the pendency of the proceeding in the office of the county recorder of any county in which property described in the complaint is located. A copy of the notice shall be served with the summ

Code of Civil Procedure - CCP - CCP § 1250.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.210

Each person seeking to take property by eminent domain shall be named as a plaintiff.

Code of Civil Procedure - CCP - CCP § 1250.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.220

(a) The plaintiff shall name as defendants, by their real names, those persons who appear of record or are known by the plaintiff to have or claim an interest in the property described in the complaint. (b) If a person described in subdivision (a) is dead and the plaintiff knows

Code of Civil Procedure - CCP - CCP § 1250.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.230

Any person who claims a legal or equitable interest in the property described in the complaint may appear in the proceeding. Whether or not such person is named as a defendant in the complaint, he shall appear as a defendant.

Code of Civil Procedure - CCP - CCP § 1250.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.240

The plaintiff may join in one complaint all property located within the same county which is sought to be acquired for the same project.

Code of Civil Procedure - CCP - CCP § 1250.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.250

(a) If the only interest of the county or other taxing agency in the property described in the complaint is a lien for ad valorem taxes, the county or other taxing agency need not be named as a defendant. (b) The holder of a lien that secures a special assessment or a bond repres

Code of Civil Procedure - CCP - CCP § 1250.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.310

The complaint shall contain all of the following: (a) The names of all plaintiffs and defendants. (b) A description of the property sought to be taken. The description may, but is not required to, indicate the nature or extent of the interest of the defendant in the property. (c)

Code of Civil Procedure - CCP - CCP § 1250.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.320

(a) The answer shall include a statement of the nature and extent of the interest the defendant claims in the property described in the complaint. (b) If the defendant seeks compensation provided in Article 6 (commencing with Section 1263.510) (goodwill) of Chapter 9, the answer

Code of Civil Procedure - CCP - CCP § 1250.325

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.325

(a) A defendant may file a disclaimer at any time, whether or not he is in default, and the disclaimer supersedes an answer previously filed by the defendant. The disclaimer need not be in any particular form. It shall contain a statement that the defendant claims no interest in

Code of Civil Procedure - CCP - CCP § 1250.330

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1250.330

Where a party is represented by an attorney, his pleading need not be verified but shall be signed by the attorney for the party. The signature of the attorney constitutes a certificate by him that he has read the pleading and that to the best of his knowledge, information, and b