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California Code of Civil Procedure Section 1245.260

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1245.260

1245.260.  (a) If a public entity has adopted a resolution of
necessity but has not commenced an eminent domain proceeding to
acquire the property within six months after the date of adoption of
the resolution, or has commenced such proceeding but has not within
six months after the commencement of such proceeding attempted
diligently to serve the complaint and the summons relating to such
proceeding, the property owner may, by an action in inverse
condemnation, do either or both of the following:
   (1) Require the public entity to take the property and pay
compensation therefor.
   (2) Recover damages from the public entity for any interference
with the possession and use of the property resulting from adoption
of the resolution.
   Service by mail pursuant to Section 415.30 shall constitute a
diligent attempt at service within the meaning of this section.
   (b) No claim need be presented against a public entity under Part
3 (commencing with Section 900) of Division 3.6 of Title 1 of the
Government Code as a prerequisite to commencement or maintenance of
an action under subdivision (a), but any such action shall be
commenced within one year and six months after the date the public
entity adopted the resolution of necessity.
   (c) A public entity may commence an eminent domain proceeding or
rescind a resolution of necessity as a matter of right at any time
before the property owner commences an action under this section. If
the public entity commences an eminent domain proceeding or rescinds
the resolution of necessity before the property owner commences an
action under this section, the property owner may not thereafter
bring an action under this section.
   (d) After a property owner has commenced an action under this
section, the public entity may rescind the resolution of necessity
and abandon the taking of the property only under the same
circumstances and subject to the same conditions and consequences as
abandonment of an eminent domain proceeding.
   (e) Commencement of an action under this section does not affect
any authority a public entity may have to commence an eminent domain
proceeding, take possession of the property pursuant to Article 3
(commencing with Section 1255.410) of Chapter 6, or abandon the
eminent domain proceeding.
   (f) In lieu of bringing an action under subdivision (a) or if the
limitations period provided in subdivision (b) has run, the property
owner may obtain a writ of mandate to compel the public entity,
within such time as the court deems appropriate, to rescind the
resolution of necessity or to commence an eminent domain proceeding
to acquire the property.

Last modified: February 22, 2013