(a) The defendant shall present his evidence on the issue of compensation first and shall commence and conclude the argument.
§ 1260.210.Generally
Title 7. Eminent Domain Law · Chapter 8. Procedures for Determining Right to Take and Compensation · Article 3. Procedures Relating to Determination of Compensation · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1260.210 requires the defendant to present evidence first and to open and close argument on the compensation issue, while confirming that neither the plaintiff nor the defendant carries the burden of proof on compensation unless another statute says otherwise.
Full Text of § 1260.210
(b) Except as otherwise provided by statute, neither the plaintiff nor the defendant has the burden of proof on the issue of compensation.
Plain-English Summary
Compensation trials in eminent domain flip the usual civil trial order. Rather than the plaintiff presenting its case first, the defendant goes first here -- presenting evidence on the compensation issue and both opening and closing the argument.
That order makes sense once you notice what compensation trials are about: the property owner is the one asking to be paid, so the owner goes first in presenting the value case, even though the public entity is technically the plaintiff in the underlying proceeding.
Subdivision (b) pairs that trial order with an unusual allocation of proof: except where some other statute assigns it, neither side carries the burden of proof on the compensation issue. The trier of fact weighs the evidence both sides present and reaches its own valuation, rather than starting from a presumption either side has to overcome.
Frequently Asked Questions
Who presents evidence first at an eminent domain compensation trial?
The defendant, who also commences and concludes the argument on the compensation issue.
Does either side have the burden of proof on compensation?
No, except as otherwise provided by statute -- neither the plaintiff nor the defendant carries the burden of proof on the compensation issue.
Why does the defendant go first if the public entity is the plaintiff?
Because the defendant property owner is the one seeking compensation, so the owner presents the value case first even though the public entity filed the proceeding.
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: order of proof eminent domain trial californiaburden of proof compensation trial california