§ 1230.040.Applicability of Rules of Practice Governing Civil Actions
Title 7. Eminent Domain Law · Chapter 1. General Provisions · Enacted 1975 · no amendments on record · Last verified July 29, 2026
Full Text of § 1230.040
Plain-English Summary
An eminent domain case is a civil action, and this section says so structurally. Except where this title spells out a different rule, the same rules of practice that apply to civil actions generally also apply to eminent domain proceedings -- the general provisions of the Code of Civil Procedure fill in whatever this title doesn't address itself.
That default matters because the Eminent Domain Law doesn't try to be a self-contained procedural code. It creates specialized rules for the issues unique to condemnation -- the right to take, precondemnation entry, deposits and possession before judgment, and compensation -- while leaving matters like general pleading practice, discovery mechanics, and the rules of evidence to the civil-procedure rules that already exist for every other kind of lawsuit.
Frequently Asked Questions
Do ordinary civil procedure rules apply in an eminent domain case?
Yes. Section 1230.040 makes the general rules of practice for civil actions the default for eminent domain proceedings, except wherever this title provides a different rule.
What happens when this title is silent on a procedural question?
The general civil-procedure rules used in ordinary civil actions fill the gap.
Can the Eminent Domain Law override a general civil procedure rule?
Yes, where this title expressly provides otherwise, its specific rule controls over the general rule of practice.
Amendment History
Added by Stats. 1975, Ch. 1275.