§ 1250.320.Answer

Title 7. Eminent Domain Law · Chapter 5. Commencement of Proceeding · Article 4. Pleadings · Last amended 2022 · Last verified July 29, 2026

In one sentenceSection 1250.320 requires the answer to describe the defendant's claimed interest in the property and to flag, without specifying the dollar amount, any claim for goodwill compensation, compensation under § 1245.060, or compensation for the plaintiff's unreasonable precondemnation conduct.

Full Text of § 1250.320

Text sizeJump to: (a) (b) (c) (d)

(a) The answer shall include a statement of the nature and extent of the interest the defendant claims in the property described in the complaint.

(b) If the defendant seeks compensation provided in Article 6 (commencing with Section 1263.510) (goodwill) of Chapter 9, the answer shall include a statement that the defendant claims compensation under Section 1263.510, but the answer need not specify the amount of that compensation.

(c) If the defendant seeks compensation as provided in Article 1 (commencing with Section 1245.010) of Chapter 4, the answer shall include a statement that the defendant claims compensation under Section 1245.060, but need not specify the amount of that compensation.

(d) If the defendant seeks compensation for losses caused by the plaintiff's unreasonable conduct prior to commencing the eminent domain proceeding, the answer shall include a statement that the defendant claims compensation for that loss, but need not specify the amount of the compensation.

Plain-English Summary

An answer in a condemnation case has one core job under subdivision (a): describe the nature and extent of the interest the defendant claims in the property. That is the baseline every answer must meet.

Three additional categories of compensation get special mention, and each follows the same pattern — the defendant has to flag the claim in the answer, but does not have to put a number on it there. A defendant seeking goodwill compensation under § 1263.510 states that the claim is being made. A defendant seeking compensation under § 1245.060 does the same. And a defendant seeking compensation for losses caused by the plaintiff's unreasonable conduct before the eminent domain proceeding began also just has to state that the claim exists.

Holding off on the dollar figure at the pleading stage makes sense here — valuation in a condemnation case gets worked out through the discovery and compensation procedures set elsewhere in this title, not through the answer itself.

Frequently Asked Questions

What must a defendant's answer say about their interest in the property?

Its nature and extent, under § 1250.320(a).

Does the answer need to state a dollar amount for a goodwill claim?

No. Section 1250.320(b) only requires stating that compensation is claimed under § 1263.510, not the amount.

What other compensation claims must the answer flag without specifying an amount?

Compensation under § 1245.060, and compensation for losses caused by the plaintiff's unreasonable conduct before the proceeding was filed.

Amendment History

Amended by Stats 2021 ch 401 (AB 1578),s 5, eff. 1/1/2022. 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: eminent domain answer requirementsgoodwill compensation claim condemnationprecondemnation conduct damages