A defendant may object to the plaintiff's right to take, by demurrer or answer as provided in Section 430.30, on any ground authorized by Section 1250.360 or Section 1250.370. The demurrer or answer shall state the specific ground upon which the objection is taken and, if the objection is taken by answer, the specific facts upon which the objection is based. An objection may be taken on more than one ground, and the grounds may be inconsistent.
§ 1250.350.Demurrer Or Answer
Title 7. Eminent Domain Law · Chapter 5. Commencement of Proceeding · Article 5. Objections to Right to Take · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1250.350 lets a defendant challenge the plaintiff's right to take the property by demurrer or answer under § 430.30, on any ground listed in § 1250.360 or § 1250.370, requiring the specific ground and, if raised by answer, the specific supporting facts, even where multiple grounds raised are inconsistent.
Full Text of § 1250.350
Plain-English Summary
This section opens Article 5's challenge to the government's authority to take the property at all — a fundamentally different fight than arguing over how much compensation is owed. A defendant raises it the same way any objection to a complaint gets raised: by demurrer or by answer, following § 430.30's general procedure.
The grounds available come from two other sections. Section 1250.360 lists grounds available no matter what the plaintiff has done, and § 1250.370 adds more grounds available only when the plaintiff has not adopted a resolution of necessity that conclusively establishes the matters in § 1240.030. Whichever grounds apply, the demurrer or answer has to state the specific ground being raised, and if the challenge comes by answer, the specific facts behind it.
A defendant is not limited to a single theory. More than one ground can be raised at once, and those grounds do not even have to fit together logically — the statute allows inconsistent grounds to be pursued side by side.
Frequently Asked Questions
How does a defendant object to the plaintiff's right to take the property?
What has to be stated in the demurrer or answer?
The specific ground for the objection, and, if the objection is raised by answer, the specific facts supporting it.
Can a defendant raise more than one ground at once?
Yes, and under § 1250.350 those grounds may even be inconsistent with each other.
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
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