Objections to Taking in Eminent Domain

Part 3, Title 7, Chapter 5, Article 5 deals with objections to the right to take in the commencement of proceedings under California’s eminent domain law.

Section 1250.350 allows a defendant to object to the plaintiff’s right to take, by demurrer or answer, on any ground authorized. The demurrer or answer must state the specific ground upon which the objection is taken and, if the objection is taken by answer, the specific facts upon which the objection is based. An objection may be taken on more than one ground, and the grounds may be inconsistent.

Section 1250.360 provides that grounds for objection to the right to take, regardless of whether the plaintiff has adopted a resolution of necessity that satisfies the requirements of law, include eight specified bases.

Section 1250.370 specifies that grounds for objection to the right to take where the plaintiff has not adopted a resolution of necessity that conclusively establishes the matters referred to include five specified circumstances.