Eminent Domain Actions Are Entitled to Precedence Over All Other Civil Actions in Trial Setting

Barry A. Ross's Eminent Domain Legal Blogs

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Barry A. Ross

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Serving Irvine, CA

Attorney at firm Barry A. Ross, Esq.

Serving Irvine, CA

Fixed hourly rates

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Code of Civil Procedure section 1260.010 states:

“Proceedings under this title take precedence over all other civil actions in the matter of setting the same for hearing or trial in order that such proceedings shall be quickly heard and determined.”

            Code of Civil Procedure section 1260.010 refers to eminent domain actions.             

            Under the predecessor statute, the court in Swartzman v. Superior Court (1964) 231 Cal.App. 2d 195, 199 stated:

“Special settings on motion under rules 225 and 209(a), provide appropriate means to accelerate eminent domain proceedings and bring them to trial expeditiously.  They conform to the legislative requirement that courts give these actions preference over all other civil actions in the matter of setting for trial and hearing the same.  (Code Civ. Proc. § 1264.)  They are authorized by Code of Civil Procedure, section 1005, which gives courts and judges specific authority in all cases to shorten the time for the notice and hearing of motions.

… The settings were a proper exercise of the trial court’s discretion in controlling its calendar in order to achieve the preferential handling of eminent domain proceedings required by statute.” 

            The rationale for the preferential setting of eminent domain actions is that eminent domain actions authorize the plaintiff, the condemning agency, to take possession of the defendant property owner’s property at the commencement of the litigation, but the defendant property owner does not receive just compensation for the property that has been taken until the conclusion of the trial, which may be one year or two years away.  Thus, eminent domain actions are entitled to precedence on the trial court’s calendar in order to mitigate these procedures that delay the compensation payment to the defendant property owner, while the plaintiff condemning agency has had possession of the property since the commencement of the litigation.

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For more information on Eminent Domain, Real Estate, Homeowner Association, Zoning & Planning law, contact Barry A. Ross, Esq., telephone 949-727-0977, or e-mail:  rossbarry@aol.com, or visit our website at www.rossrealestatelaw.com.

For a FREE download of California Homeowner Association Members Guide please visit my website at rossrealestatelaw.com.

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