Eminent Domain Law

Part 3, Title 7 of the California Code of Civil Procedure deals with eminent domain. Chapter 1 relates to general provisions. Section 1230.010 names the title as the Eminent Domain Law.

Section 1230.020 specifies that the power of eminent domain may be exercised only as provided in this title.

Section 1230.030 states that nothing in this title requires that the power of eminent domain be exercised to acquire property necessary for public use. Whether property necessary for public use is to be acquired by purchase or other means or by eminent domain is a decision left to the discretion of the person authorized to acquire the property.

Section 1230.040 provides that the rules of practice that govern civil actions generally are the rules of practice for eminent domain proceedings.

Section 1230.050 explains that the court in which a proceeding in eminent domain is brought has the power to determine the right to possession of the property, as well as enforce any of its orders for possession.

Section 1230.060 states that nothing in this title affects any other statute granting jurisdiction over any issue in eminent domain proceedings to the Public Utilities Commission.