(a) If proceedings to acquire the same property are consolidated, the court shall first determine whether the public uses for which the property is sought are compatible within the meaning of Article 6 (commencing with Section 1240.510) of Chapter 3. If the court determines that the uses are compatible, it shall permit the proceeding to continue with the plaintiffs acting jointly. The court shall apportion the obligation to pay any award in the proceeding in proportion to the use, damage, and benefits attributable to each plaintiff.
§ 1260.020.Determination Whether Public Uses Comparable If Proceedings to Acquire Same Property Consolidated
Title 7. Eminent Domain Law · Chapter 8. Procedures for Determining Right to Take and Compensation · Article 1. General Provisions · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1260.020 directs the court, when proceedings to acquire the same property are consolidated, to determine whether the competing public uses are compatible and let compatible plaintiffs proceed jointly with apportioned liability, or, if not, to identify the more necessary public use and dismiss the other plaintiffs.
Full Text of § 1260.020
(b) If the court determines pursuant to subdivision (a) that the uses are not all compatible, it shall further determine which of the uses is the more necessary public use within the meaning of Article 7 (commencing with Section 1240.610) of Chapter 3. The court shall permit the plaintiff alleging the more necessary public use, along with any other plaintiffs alleging compatible public uses under subdivision (a), to continue the proceeding. The court shall dismiss the proceeding as to the other plaintiffs.
Plain-English Summary
Sometimes more than one public entity wants the same property for different projects, and their proceedings get consolidated into one case. This section tells the court how to sort that out.
First, the court decides whether the competing public uses are compatible, applying the compatible-use standard in Article 6 (§ 1240.510) of Chapter 3. If they are, every plaintiff alleging a compatible use continues in the same proceeding, and the court apportions responsibility for paying the award according to how much each plaintiff's use, damage, and benefit contributed to the taking.
If the uses aren't all compatible, the analysis shifts to Article 7's more-necessary-use standard (§ 1240.610). The court identifies which plaintiff's use is more necessary, lets that plaintiff continue -- along with any other plaintiffs whose uses are compatible with it -- and dismisses the proceeding as to everyone else.
Frequently Asked Questions
What happens when two public entities both seek to condemn the same property?
If their proceedings are consolidated, the court first decides whether their public uses are compatible under Article 6 (§ 1240.510) of Chapter 3.
What if the court finds the uses are compatible?
All plaintiffs alleging compatible uses continue jointly, and the court apportions the obligation to pay any award according to each plaintiff's use, damage, and benefit.
What if the uses aren't compatible?
The court determines which use is more necessary under Article 7 (§ 1240.610) of Chapter 3, lets that plaintiff (and any others with compatible uses) continue, and dismisses the proceeding as to the rest.
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: consolidated eminent domain proceedings californiacompatible public use condemnation california