§ 1255.460.Requirements of Order of Possession

Title 7. Eminent Domain Law · Chapter 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment · Article 3. Possession Prior to Judgment · Last amended 2007 · Last verified July 29, 2026

In one sentenceSection 1255.460 lists the three things a possession order issued under § 1255.410 must contain -- a recital that it was made under this authority, a description of the property being acquired, and the date after which the plaintiff may take possession.

Full Text of § 1255.460

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

An order for possession issued pursuant to Section 1255.410 shall:

(a) Recite that it has been made under this section.

(b) Describe the property to be acquired, which description may be by reference to the complaint.

Plain-English Summary

This section keeps the possession order itself short and specific. An order issued under § 1255.410 has to recite that it was made under this authority, describe the property being acquired (which can be done by reference to the complaint, the same shortcut § 1255.410's own motion gets), and state the date after which the plaintiff is authorized to take possession.

These three elements are what the record owner and occupants ultimately receive under § 1255.450's service rules -- so the order has to be clear enough, on its own or by reference to the complaint, to tell them exactly what's being taken and when.

Frequently Asked Questions

What must a possession order under § 1255.410 say?

That it was made under this authority, a description of the property (which may reference the complaint), and the date after which possession may be taken.

Can the order just point to the complaint for the property description?

Yes, § 1255.460(b) allows the description to be made by reference to the complaint.

Amendment History

Amended by Stats 2006 ch 594 (SB 1210),s 7, eff. 1/1/2007.

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: contents of possession order eminent domain california