§ 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
Full Text of § 1230.050
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.