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Jurisdiction for Eminent Domain Cases

Requires all eminent domain proceedings to be commenced and prosecuted in the superior court

By Chris Micheli, January 29, 2026 2:00 pm

Part 3, Title 7, Chapter 5, Article 1 of the Code of Civil Procedure deals with jurisdiction and venue in the commencement of eminent domain proceedings in this state.

Section 1250.010 requires all eminent domain proceedings to be commenced and prosecuted in the superior court.

Section 1250.020 requires the proceeding to be commenced in the county in which the property sought to be taken is located. When property sought to be taken is situated in more than one county, the plaintiff may commence the proceeding in any one of the counties.

Section 1250.030 provides that the county in which the proceeding is commenced is the proper county for trial of the proceeding.

Section 1250.030 specifies that the provisions of the Code of Civil Procedure for the change of place of trial of actions apply to eminent domain proceedings.

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