2005 California Code of Civil Procedure Sections 1255.410-1255.480 Article 3. Possession Prior to Judgment

1255.410.  (a) At the time of filing the complaint or at any time
after filing the complaint and prior to entry of judgment, the
plaintiff may apply ex parte to the court for an order for possession
under this article, and the court shall make an order authorizing
the plaintiff to take possession of the property if the plaintiff is
entitled to take the property by eminent domain and has deposited
pursuant to Article 1 (commencing with Section 1255.010) an amount
that satisfies the requirements of that article.
   (b) The order for possession shall describe the property of which
the plaintiff is authorized to take possession, which description may
be by reference to the complaint, and shall state the date after
which the plaintiff is authorized to take possession of the property.
   (c) Notwithstanding the time limits for notice prescribed by
Section 1255.450, if the court finds that the plaintiff has an urgent
need for possession of property and that possession will not
displace or unreasonably affect any person in actual and lawful
possession of the property to be taken or the larger parcel of which
it is a part, the court may make an order for possession of such
property upon such notice, not less than three days, as the court
deems appropriate under the circumstances of the case.
1255.420.  Not later than 30 days after service of an order
authorizing the plaintiff to take possession of property under
Section 1255.410, any defendant or occupant of the property may move
for relief from the order if the hardship to him of having possession
taken at the time specified in the order is substantial.  If the
court determines that the hardship to the defendant or occupant is
substantial, the court may stay the order until a date certain or
impose terms and conditions limiting its operation unless, upon
considering all relevant facts (including the schedule or plan of
operation for execution of the public improvement and the situation
of the property with respect to such schedule or plan), the court
further determines (a) that the plaintiff needs possession of the
property within the time specified in the order for possession and
(b) that the hardship the plaintiff would suffer as a result of a
stay or limitation of the order would be substantial.
1255.430.  If the plaintiff has been authorized to take possession
of property under Section 1255.410 and the defendant has objected to
the plaintiff's right to take the property by eminent domain, the
court, if it finds there is a reasonable probability the defendant
will prevail, shall stay the order for possession until it has ruled
on the defendant's objections.
1255.440.  If an order has been made under Section 1255.410
authorizing the plaintiff to take possession of property and the
court subsequently determines that the conditions specified in
Section 1255.410 for issuance of the order are not satisfied, the
court shall vacate the order.
1255.450.  (a) As used in this section, "record owner" means the
owner of the legal or equitable title to the fee or any lesser
interest in property as shown by recorded deeds or other recorded
instruments.
   (b) The plaintiff shall serve a copy of the order for possession
issued under Section 1255.410 on the record owner of the property and
on the occupants, if any.  If the property is lawfully occupied by a
person dwelling thereon or by a farm or business operation, service
shall be made not less than 90 days prior to the time possession is
to be taken pursuant to the order.  In all other cases, service shall
be made not less than 30 days prior to the time possession is to be
taken pursuant to the order.  Service may be made with or following
service of summons.
   (c) At least 30 days prior to the time possession is taken
pursuant to an order for possession made pursuant to Section
1255.040, 1255.050, or 1255.460, the plaintiff shall serve a copy of
the order on the record owner of the property and on the occupants,
if any.
   (d) Service of the order shall be made by personal service except
that:
   (1) If the person on whom service is to be made has previously
appeared in the proceeding or been served with summons in the
proceeding, service of the order may be made by mail upon such person
and his attorney of record, if any.
   (2) If the person on whom service is to be made resides out of the
state, or has departed from the state or cannot with due diligence
be found within the state, service of the order may be made by
registered or certified mail addressed to such person at his last
known address.
   (e) The court may, for good cause shown on ex parte application,
authorize the plaintiff to take possession of the property without
serving a copy of the order for possession upon a record owner not
occupying the property.
   (f) A single service upon or mailing to one of several persons
having a common business or residence address is sufficient.
1255.460.  (a) Upon ex parte application, the court shall make an
order authorizing the plaintiff to take possession of the property if
the court determines that the plaintiff has deposited probable
compensation pursuant to Article 1 (commencing with Section 1255.010)
and that each of the defendants entitled to possession has done
either of the following:
   (1) Expressed in writing his willingness to surrender possession
of the property on or after a stated date.
   (2) Withdrawn any portion of the deposit.
   (b) The order for possession shall:
   (1) Recite that it has been made under this section.
   (2) Describe the property to be acquired, which description may be
by reference to the complaint.
   (3) State the date after which plaintiff is authorized to take
possession of the property.  Unless the plaintiff requests a later
date, such date shall be the date stated by the defendant or, if a
portion of the deposit is withdrawn, the earliest date on which the
plaintiff would be entitled to take possession of the property under
subdivision (c) of Section 1255.450.
1255.470.  By taking possession pursuant to this chapter, the
plaintiff does not waive the right to appeal from the judgment, the
right to move to abandon, or the right to request a new trial.
1255.480.  Nothing in this article limits the right of a public
entity to exercise its police power in emergency situations.