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§ 1230.050.Power of Court to Determine Right to Possession and Enforce Orders For Possession

Title 7. Eminent Domain Law · Chapter 1. General Provisions · Enacted 1975 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1230.050 gives the court hearing an eminent domain proceeding the power to decide which party is entitled to possession of the property under this title and to enforce any possession order it makes, with the plaintiff entitled to enforcement as a matter of right.

Full Text of § 1230.050

Text sizeJump to: (a) (b)

The court in which a proceeding in eminent domain is brought has the power to:
(a) Determine the right to possession of the property, as between the plaintiff and the defendant, in accordance with this title.
(b) Enforce any of its orders for possession by appropriate process. The plaintiff is entitled to enforcement of an order for possession as a matter of right.

Plain-English Summary

Possession disputes come up often in condemnation cases, sometimes well before the case ends. Section 1230.050 gives the trial court explicit authority over two related things: deciding, between the plaintiff seeking to condemn and the defendant who owns the property, who is entitled to possession under this title, and enforcing whatever order about possession the court makes.

Subdivision (b) removes any doubt about whether that enforcement power is discretionary once the plaintiff has a valid order -- the plaintiff is entitled to enforcement of an order for possession as a matter of right, through whatever process is appropriate. This is the general grant of authority behind the more detailed possession-before-judgment procedure set out later in the title, including the motion for an order for possession under § 1255.410.

Frequently Asked Questions

Can a court decide who is entitled to possession of property during an eminent domain case?

Yes. Section 1230.050(a) gives the court that power as between the plaintiff and the defendant.

If the plaintiff gets an order for possession, is enforcement automatic?

The plaintiff is entitled to enforcement of the order as a matter of right, and the court may use appropriate process to carry it out.

Where does the detailed procedure for getting possession before judgment appear?

Section 1255.410 sets out the motion procedure a plaintiff uses to obtain an order for possession before entry of judgment.

Amendment History

Added by Stats. 1975, Ch. 1275.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: order for possession eminent domain californiacourt power to enforce possession condemnation