§ 1250.310.Requirements of Complaint

Condemnation complaints have to do more work than an ordinary civil complaint. Section 1250.310 spells out exactly what has to be in one.

Beyond naming every plaintiff and defendant, the complaint needs a description of the property sought — one that can note the defendant's interest in it, though the statute does not require that detail. If the plaintiff itself claims some interest in the property, the complaint has to describe that interest too.

The heart of the pleading is subdivision (d)'s statement of the right to take. That statement has to give a general description of the public use behind the project, allege the necessity for the taking as § 1240.030 requires, and point to whatever backs up that necessity finding — a public entity's resolution of necessity, a quasi-public entity's resolution under § 1245.320, a nonprofit hospital's certificate under Health and Safety Code § 1260, or a public utility's reliance on a State Energy Resources Conservation and Development Commission certification. It also needs a reference to the statute authorizing the taking, and that reference can be stated in the alternative, even inconsistently, if more than one statute might apply.

Finally, the complaint has to include a map or diagram showing the property in relation to the broader project it serves — a visual complement to the written description that helps everyone, including the court, see how the parcel fits into the bigger picture.