Code Section Group

Code of Civil Procedure - CCP

PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60]

  ( Part 3 enacted 1872. )

TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050]

  ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. )

CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210]

  ( Chapter 2 added by Stats. 1975, Ch. 1275. )

ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210]
  ( Article 2 added by Stats. 1975, Ch. 1275. )

1235.110.
  

Unless the provision or context otherwise requires, these definitions govern the construction of this title.

(Added by Stats. 1975, Ch. 1275.)

1235.120.
  

“Final judgment” means a judgment with respect to which all possibility of direct attack by way of appeal, motion for a new trial, or motion under Section 663 to vacate the judgment has been exhausted.

(Added by Stats. 1975, Ch. 1275.)

1235.125.
  

When used with reference to property, “interest” includes any right, title, or estate in property.

(Added by Stats. 1975, Ch. 1275.)

1235.130.
  

“Judgment” means the judgment determining the right to take the property by eminent domain and fixing the amount of compensation to be paid by the plaintiff.

(Added by Stats. 1975, Ch. 1275.)

1235.140.
  

“Litigation expenses” includes both of the following:

(a) All expenses reasonably and necessarily incurred in the proceeding in preparing for trial, during trial, and in any subsequent judicial proceedings.

(b) Reasonable attorney’s fees, appraisal fees, and fees for the services of other experts where such fees were reasonably and necessarily incurred to protect the defendant’s interests in the proceeding in preparing for trial, during trial, and in any subsequent judicial proceedings whether such fees were incurred for services rendered before or after the filing of the complaint.

(Added by Stats. 1975, Ch. 1275.)

1235.150.
  

“Local public entity” means any public entity other than the state.

(Added by Stats. 1975, Ch. 1275.)

1235.155.
  

“Nonprofit, special use property” means property which is operated for a special nonprofit, tax-exempt use such as a school, church, cemetery, hospital, or similar property. “Nonprofit, special use property” does not include property owned by a public entity.

(Added by Stats. 1992, Ch. 7, Sec. 1. Effective January 1, 1993.)

1235.160.
  

“Person” includes any public entity, individual, association, organization, partnership, trust, limited liability company, or corporation.

(Amended by Stats. 1994, Ch. 1010, Sec. 63. Effective January 1, 1995.)

1235.165.
  

“Proceeding” means an eminent domain proceeding under this title.

(Added by Stats. 1975, Ch. 1275.)

1235.170.
  

“Property” includes real and personal property and any interest therein.

(Added by Stats. 1975, Ch. 1275.)

1235.180.
  

“Property appropriated to public use” means property either already in use for a public purpose or set aside for a specific public purpose with the intention of using it for such purpose within a reasonable time.

(Added by Stats. 1975, Ch. 1275.)

1235.190.
  

“Public entity” includes the state, a county, city, district, public authority, public agency, and any other political subdivision in the state.

(Added by Stats. 1975, Ch. 1275.)

1235.193.
  

“Electric, gas, or water public utility property” means property appropriated to a public use by a public utility, as defined in Section 218, 222, or 241 of the Public Utilities Code.

(Added by Stats. 1992, Ch. 812, Sec. 1. Effective January 1, 1993.)

1235.195.
  

“Resolution” includes ordinance.

(Added by Stats. 1975, Ch. 1275.)

1235.200.
  

“State” means the State of California and includes the Regents of the University of California.

(Added by Stats. 1975, Ch. 1275.)

1235.210.
  

“Statute” means a constitutional provision or statute, but does not include a charter provision or ordinance.

(Added by Stats. 1975, Ch. 1275.)

CCPCode of Civil Procedure - CCP2.