Notwithstanding any other statute or rule of court governing the date of trial of an eminent domain proceeding, on motion of a party the court may postpone the date of trial for a period that appears adequate to enable resolution of a dispute pursuant to alternative resolution procedures, if it is demonstrated to the satisfaction of the court that all of the following conditions are satisfied:
§ 1250.430.Motion to Postpone Date of Trial
Title 7. Eminent Domain Law · Chapter 5. Commencement of Proceeding · Article 6. Settlement Offers and Alternative Dispute Resolution · Enacted 2001 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1250.430 lets a court postpone the trial date in an eminent domain case, on a party's motion, when the parties are actively pursuing alternative dispute resolution, appear to be making real progress toward resolution, and agree that more time would help avoid the need for a trial.
Full Text of § 1250.430
(b) The parties appear to be making progress toward resolution of the dispute without the need for a trial of the matter.
(c) The parties agree that additional time for the purpose of alternative dispute resolution is desirable.
Plain-English Summary
Alternative dispute resolution works better when it isn't racing a trial date, so this section gives courts a way to buy that time. On a party's motion, the court may postpone the trial for whatever period seems adequate to let the parties finish resolving the dispute outside of court.
Three conditions have to be shown before the court grants that postponement. The parties must be actively engaged in one of the alternative resolution methods § 1250.420 allows. They must appear to be making progress toward resolving the dispute without needing a trial. And they must agree that additional time for that alternative process would be worthwhile.
Together, these conditions keep the postponement tied to real settlement momentum rather than mere delay — a party cannot use this section to push back trial while alternative dispute resolution sits idle.
Frequently Asked Questions
Can a party get the trial date postponed to pursue mediation or arbitration?
Yes, if the court finds the conditions in § 1250.430 satisfied.
What must be shown to get that postponement?
That the parties are actively engaged in alternative resolution under § 1250.420, appear to be making progress without needing a trial, and agree that more time would help.
Does this override other rules about when trial must occur?
Yes. Section 1250.430 applies notwithstanding any other statute or rule of court governing the date of trial.
Amendment History
Added by Stats 2001 ch 428 (AB 237), s 4, eff. 1/1/2002.
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: postpone trial eminent domain mediationcontinuance for alternative dispute resolution condemnation