Nothing in this article limits the right of a public entity to exercise its police power in emergency situations.
§ 1255.480.Right of Public Entity to Exercise Police Power
Title 7. Eminent Domain Law · Chapter 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment · Article 3. Possession Prior to Judgment · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1255.480 clarifies that nothing in this article restricts a public entity's separate authority to exercise its police power in true emergencies.
Full Text of § 1255.480
Plain-English Summary
This closing section is a savings clause. Article 3's possession-before-judgment procedure -- including the narrow ex parte emergency track for utilities in § 1255.410(e) -- is one specific tool for getting early access to property in a pending eminent domain case. Section 1255.480 makes clear that tool doesn't crowd out anything else: nothing in this article limits a public entity's right to use its police power in emergency situations more generally.
In other words, a public entity facing an emergency isn't limited to the possession-order machinery this article sets up; its independent police power authority remains intact alongside it.
Frequently Asked Questions
Does this chapter limit a public entity's emergency police powers?
No. Section 1255.480 says nothing in this article limits a public entity's right to exercise its police power in emergency situations.
Is this the same authority behind the emergency utility possession order in § 1255.410(e)?
No, that's a specific mechanism within this article. This section preserves a public entity's separate, general police power alongside it.
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
Also known as: public entity police power eminent domain california