§ 1263.120.Issued Brought to Trial Within One Year After Commencement of Proceeding
Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 2. Date of Valuation · Enacted 1975 · no amendments on record · Last verified July 29, 2026
Full Text of § 1263.120
Plain-English Summary
This is the standard timeline most condemnation cases follow. When the issue of compensation reaches trial within one year after the proceeding commenced, the date of valuation is the date the case itself began -- filing the complaint fixes the value question's point in time.
That one-year window matters because delay changes the rule. Sections 1263.130 through 1263.150 cover what happens when trial, retrial, or a new trial doesn't happen within that year, shifting the date of valuation forward depending on who caused the delay.
Frequently Asked Questions
What is the date of valuation if trial happens within a year of filing?
The date the eminent domain proceeding commenced, under § 1263.120.
What if the trial is delayed beyond one year?
Section 1263.130 takes over, generally shifting the date of valuation to the date the trial commences instead.
Does this section apply if the case is subject to § 1263.110's deposit rule?
Section 1263.120 operates alongside § 1263.110; an earlier deposit-based date under that section can still control.
Amendment History
Added by Stats. 1975, Ch. 1275.