Article 7 of the Code of Civil Procedure provides for California’s eminent domain rules.
The hegemony is of great importance, as long as government payments just reimbursement, that national, state or federal governments take private property for public use. Private property is only taken over by eminent domain pursuant to California Code of Civil Procedure Section 1230.030 if public use occurs.
No withdrawal could be requested on the claimant of a copy of the request until 20 days after operation or until the time has elapsed for all complaints, whichever is later.
When an objection is lodged on the ground that the other parties are known or suspected to have interest in the property, the plaintiff shall serve or offer to inform such other parties that they may appear within 10 days of the service and object to the withdrawal. The notice shall inform those parties that, to the degree of the amount withdrawn, their failure to object would result in the waiver of any rights against the complainant.
Also, a plaintiff will file and serve on the applicant a document setting out ànames of the parties to whom the notice has been given and the dates of service, and ànames and last known addresses of the other parties known or suspected to have interest in the property but not served so. A plaintiff can represent parties not served by the plaintiff.
Within the 20-day period, the plaintiff can file withdrawal objections on one or more of the following grounds:
If any part of the money deposited under the Chapter 6 of CCP (Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment) is withdrawn, the receipt of any of these money shall constitute a waiver of all claims and defenses in favor of the individuals receiving such payment by the operation of law, except a claim for greater compensation.
Any amount withdrawn under this article by a party beyond the amount to which it is entitled as eventually decided in the eminent domain proceeding shall be paid to the parties entitled to it. The judgment will be entered by the court accordingly.
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