California Code of Civil Procedure

§ 1245.260

CCP § 1245.260Title 7 · Part 3 · Ch. 4 · Art. 2

Statute text

(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.

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Legislative history

Amended by Stats. 1978, Ch. 411.