SECTIONS 1268.210-1268.240
CODE OF CIVIL PROCEDURE
SECTION 1268.210-1268.240
SECTION 1268.210-1268.240
1268.210. (a) If the plaintiff is not in possession of the propertyto be taken, the plaintiff may, at any time after entry of judgment,apply ex parte to the court for an order for possession, and thecourt shall authorize the plaintiff to take possession of theproperty pending conclusion of the litigation if: (1) The judgment determines that the plaintiff is entitled to takethe property; and (2) The plaintiff has paid to or deposited for the defendants,pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6or Article 2 (commencing with Section 1268.110), an amount not lessthan the amount of the award, together with the interest then duethereon. (b) The court's order shall state the date after which theplaintiff is authorized to take possession of the property. Wheredeposit is made, the order shall state such fact and the date and theamount of the deposit. (c) Where the judgment is reversed, vacated, or set aside, theplaintiff may obtain possession of the property only pursuant toArticle 3 (commencing with Section 1255.410) of Chapter 6.1268.220. (a) The plaintiff shall serve a copy of the order forpossession upon each defendant and his attorney, either personally orby mail: (1) At least 30 days prior to the date possession is to be takenof property lawfully occupied by a person dwelling thereon or by afarm or business operation. (2) At least 10 days prior to the date possession is to be takenin any case not covered by paragraph (1). (b) A single service upon or mailing to one of several personshaving a common business or residence address is sufficient.1268.230. By taking possession pursuant to this article, theplaintiff does not waive the right to appeal from the judgment, theright to move to abandon, or the right to request a new trial.1268.240. Nothing in this article limits the right of a publicentity to exercise its police power in emergency situations.