The provisions of the Code of Civil Procedure for the change of place of trial of actions apply to eminent domain proceedings.
§ 1250.040.Change of Place of Trial
Title 7. Eminent Domain Law · Chapter 5. Commencement of Proceeding · Article 1. Jurisdiction and Venue · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1250.040 applies California's general civil change-of-venue rules to eminent domain proceedings, meaning a party may seek to move the trial to a different county using the same procedures available in ordinary civil actions.
Full Text of § 1250.040
Plain-English Summary
Rather than writing a separate venue-transfer procedure just for condemnation cases, this section borrows the one already built for civil actions generally. Whatever rules govern a change of place of trial elsewhere in the Code of Civil Procedure apply here too.
That means a party who wants to move an eminent domain case to a different county follows the same motion practice, standards, and timing used in any other civil case — nothing about the subject matter of eminent domain changes that analysis.
Frequently Asked Questions
What procedure governs a motion to change venue in an eminent domain case?
The same change-of-place-of-trial provisions of the Code of Civil Procedure that apply to civil actions generally.
Does eminent domain have its own special venue-transfer rules?
No. Section 1250.040 imports the general civil venue-transfer rules rather than creating a separate set for condemnation cases.
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: change of place of trial eminent domainvenue transfer condemnation case california