Construction of Eminent Domain Law

Part 3, Title 7, Chapter 2 of the Code of Civil Procedure deals with the principles of construction of the eminent domain law in California. Article 1 concerns construction.

Section 1235.010 provides that these preliminary provisions and rules of construction govern the construction of this title.

Section 1235.020 specifies chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this title.

Section 1235.030 states that, whenever any reference is made to any portion of this title or to any other statute, the reference shall applies to all amendments and additions.

Section 1235.040 defines the following terms: “chapter,” “article,” “section,” “subdivision,” and “paragraph.”

Section 1235.050 says that the present tense includes the past and future tenses; and the future, the present.

Section 1235.060 provides that the term “shall” is mandatory and “may” is permissive.

Section 1235.070 contains a severability clause.

Article 2 defines words and phrases. Section 1235.110 states that these definitions govern the construction of this title.

Section 1235.120 defines the term “final judgment.”

Section 1235.125 defines the term “interest.”

Section 1235.130 defines the term “judgment.”

Section 1235.140 defines the term “litigation expenses.”

Section 1235.150 defines the term “local public entity.”

Section 1235.155 defines the term “nonprofit, special use property.”

Section 1235.160 defines the term “person.”

Section 1235.165 defines the term “proceeding.”

Section 1235.170 defines the term “property.”

Section 1235.180 defines the term “property appropriated to public use.”

Section 1235.190 defines the term “public entity.”

Section 1235.193 defines the term “electric, gas, or water public utility property.”

Section 1235.195 defines the term “resolution.”

Section 1235.200 defines the term “state.”

Section 1235.210 defines the term “statute.”