"Shall" is mandatory and "may" is permissive.
§ 1235.060.Shall and May
Title 7. Eminent Domain Law · Chapter 2. Principles of Construction; Definitions · Article 1. Construction · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1235.060 fixes the meaning of two words used constantly throughout the Eminent Domain Law -- "shall" is mandatory, and "may" is permissive -- so the choice between them signals whether a rule is a command or an option.
Full Text of § 1235.060
Plain-English Summary
Two small words carry enormous weight in statutory drafting, and this section locks in what they mean throughout the title. "Shall" is mandatory: wherever it's used, the described act or requirement is not optional. "May" is permissive: wherever it's used, the described act is available but not required.
That distinction runs throughout the title's substantive provisions -- for instance, § 1230.050(b)'s statement that the plaintiff "is entitled to enforcement... as a matter of right" reads differently than it would if the court merely "may" enforce a possession order. Keeping these words consistent lets a reader tell, section by section, which rules are commands and which are choices left to a party or the court.
Frequently Asked Questions
What does "shall" mean when it appears in the Eminent Domain Law?
It's mandatory -- the act or requirement described is not optional.
What does "may" mean?
It's permissive -- the act described is available but not required.
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: shall versus may statutory construction california eminent domain