§ 1260.120.Orders Upon Hearing and Determining Objections

This is where a right-to-take objection gets decided -- as distinct from the earlier pleading-stage objection under Article 5 of Chapter 5, which raises the issue, and § 1260.110, which sets the order in which it gets tried. Subdivision (a) requires the court to hear and determine every objection raised. If the court finds the plaintiff does have the right to acquire the property described in the complaint, it orders the acquisition to proceed.

If the court finds the plaintiff doesn't have that right as to some or all of the property, it has two options. It can order immediate dismissal of the proceeding as to that property, ending the case on that piece outright. Or it can order a conditional dismissal -- giving the plaintiff a prescribed period to take whatever corrective or remedial action the court specifies, with dismissal following only if the plaintiff fails to act within that time.

A conditional-dismissal order can come with real financial consequences. The court may impose whatever limitations and conditions it finds just under the circumstances, including requiring the plaintiff to pay the defendant some or all of the reasonable litigation expenses the defendant incurred because of the very failure or omission that gave rise to the objection. That expense-shifting consequence connects directly to § 1268.610 and § 1268.620, which govern litigation expenses when a proceeding is dismissed or the plaintiff is found unable to acquire the property.