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Code of Civil Procedure - CCP - CCP § 1265.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.210

As used in this article, “lien” means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity.

Code of Civil Procedure - CCP - CCP § 1265.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.220

Where property acquired by eminent domain is encumbered by a lien and the indebtedness secured thereby is not due at the time of the entry of judgment, the amount of such indebtedness may be, at the option of the plaintiff, deducted from the judgment and the lien shall be continu

Code of Civil Procedure - CCP - CCP § 1265.225

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.225

(a) Where there is a partial taking of property encumbered by a lien, the lienholder may share in the award only to the extent determined by the court to be necessary to prevent an impairment of the security, and the lien shall continue upon the part of the property not taken as

Code of Civil Procedure - CCP - CCP § 1265.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.230

(a) This section applies only where there is a partial taking of property encumbered by a lien and the part taken or some portion of it is also encumbered by a junior lien that extends to only a portion of the property encumbered by the senior lien. This section provides only for

Code of Civil Procedure - CCP - CCP § 1265.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.240

Where the property acquired for public use is encumbered by a lien, the amount payable to the lienholder shall not include any penalty for prepayment.

Code of Civil Procedure - CCP - CCP § 1265.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.250

(a) As used in this section: (1) “Fixed lien special assessment” means a nonrecurring assessment levied on property in a fixed amount by a local public entity for the capital expenditure for a specific improvement, whether collectible in a lump sum or in installments. (2) “Specia

Code of Civil Procedure - CCP - CCP § 1265.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.410

(a) Where the acquisition of property for public use violates a use restriction coupled with a contingent future interest granting a right to possession of the property upon violation of the use restriction: (1) If violation of the use restriction was otherwise reasonably imminen

Code of Civil Procedure - CCP - CCP § 1265.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.420

Where property acquired for public use is subject to a life tenancy, upon petition of the life tenant or any other person having an interest in the property, the court may order any of the following: (a) An apportionment and distribution of the award based on the value of the int

Code of Civil Procedure - CCP - CCP § 1268.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.010

(a) Not later than 30 days after final judgment, or 30 days after the conclusion of any other court proceedings, including any federal court proceedings, commenced by the defendant challenging the judgment or any of the condemnation proceedings, whichever date is later, the plain

Code of Civil Procedure - CCP - CCP § 1268.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.020

(a) If the plaintiff fails to pay the full amount required by the judgment within the time specified in Section 1268.010, the defendant may: (1) If the plaintiff is a public entity, enforce the judgment as provided in Division 3.6 (commencing with Section 810) of Title 1 of the G

Code of Civil Procedure - CCP - CCP § 1268.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.030

(a) Upon application of any party, the court shall make a final order of condemnation if the full amount of the judgment has been paid as required by Section 1268.010 or satisfied pursuant to Section 1268.020. (b) The final order of condemnation shall describe the property taken

Code of Civil Procedure - CCP - CCP § 1268.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.110

(a) Except as provided in subdivision (b), the plaintiff may, at any time after entry of judgment, deposit with the court for the persons entitled thereto the full amount of the award, together with interest then due thereon, less any amounts previously paid directly to the defen

Code of Civil Procedure - CCP - CCP § 1268.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.120

If the deposit is made under Section 1268.110 prior to apportionment of the award, the plaintiff shall serve a notice that the deposit has been made on all of the parties who have appeared in the proceeding. If the deposit is made after apportionment of the award, the plaintiff s

Code of Civil Procedure - CCP - CCP § 1268.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.130

At any time after the plaintiff has made a deposit upon the award pursuant to Section 1268.110, the court may, upon motion of any defendant, order the plaintiff to deposit such additional amount as the court determines to be necessary to secure payment of any further compensation

Code of Civil Procedure - CCP - CCP § 1268.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.140

(a) After entry of judgment, any defendant who has an interest in the property for which a deposit has been made may apply for and obtain a court order that he be paid from the deposit the amount to which he is entitled upon his filing either of the following: (1) A satisfaction

Code of Civil Procedure - CCP - CCP § 1268.150

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.150

(a) Except as provided in subdivision (b), when money is deposited as provided in this article, the court shall order the money to be deposited in the State Treasury or, upon written request of the plaintiff filed with the deposit, in the county treasury. If the money is deposite

Code of Civil Procedure - CCP - CCP § 1268.160

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.160

(a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in the eminent domain proceeding shall be paid to the parties entitled thereto. The court shall enter judgment accordingly. (b) The judgment so enter

Code of Civil Procedure - CCP - CCP § 1268.170

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.170

By making a deposit pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial.

Code of Civil Procedure - CCP - CCP § 1268.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.210

(a) If the plaintiff is not in possession of the property to be taken, the plaintiff may, at any time after entry of judgment, apply ex parte to the court for an order for possession, and the court shall authorize the plaintiff to take possession of the property pending conclusio

Code of Civil Procedure - CCP - CCP § 1268.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.220

(a) The plaintiff shall serve a copy of the order for possession upon each defendant and his attorney, either personally or by mail: (1) At least 30 days prior to the date possession is to be taken of property lawfully occupied by a person dwelling thereon or by a farm or busines

Code of Civil Procedure - CCP - CCP § 1268.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.230

By taking possession pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial.

Code of Civil Procedure - CCP - CCP § 1268.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.240

Nothing in this article limits the right of a public entity to exercise its police power in emergency situations.

Code of Civil Procedure - CCP - CCP § 1268.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.310

The compensation awarded in the proceeding shall draw interest, computed as prescribed by Section 1268.350, from the earliest of the following dates: (a) The date of entry of judgment. (b) The date the plaintiff takes possession of the property. (c) The date after which the plain

Code of Civil Procedure - CCP - CCP § 1268.311

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.311

In any inverse condemnation proceeding in which interest is awarded, the interest shall be computed as prescribed by Section 1268.350.

Code of Civil Procedure - CCP - CCP § 1268.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1268.320

The compensation awarded in the proceeding shall cease to draw interest at the earliest of the following dates: (a) As to any amount deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 (deposit of probable compensation prior to judgment), the date such