§ 1263.130.Issue Not 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 § 1263.130
Plain-English Summary
Delay past the first year changes the valuation clock, and this section decides which way it moves. Subject to § 1263.110's deposit rule, if the compensation issue isn't brought to trial within one year after the proceeding commenced, the date of valuation moves forward to the date the trial itself commences.
But that shift doesn't reward a defendant who caused the delay. When the defendant is the one responsible for pushing trial past the one-year mark, the date of valuation stays anchored at the original commencement date instead. The rule keeps neither side able to game the valuation date through its own foot-dragging -- a plaintiff who drags out the case pushes the date forward (often to its own disadvantage in a rising market), while a defendant who does the same doesn't get the benefit of that shift.
Frequently Asked Questions
What happens to the date of valuation if trial doesn't happen within a year?
It moves to the date the trial commences, under § 1263.130, unless the defendant caused the delay.
Who benefits from delay under this section?
Neither side automatically benefits. If the defendant caused the delay, the date of valuation reverts to the date the proceeding commenced rather than shifting forward.
Does § 1263.110 still apply here?
Yes. Section 1263.130 is expressly subject to § 1263.110's earlier deposit-based valuation date.
Amendment History
Added by Stats. 1975, Ch. 1275.