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§ 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

In one sentenceSection 1263.130 shifts the date of valuation to the date the trial commences when the compensation issue isn't tried within one year of the proceeding's commencement, unless the defendant caused the delay, in which case the original commencement date still controls.

Full Text of § 1263.130

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Subject to Section 1263.110, if the issue of compensation is not brought to trial within one year after commencement of the proceeding, the date of valuation is the date of the commencement of the trial unless the delay is caused by the defendant, in which case the date of valuation is the date of commencement of the proceeding.

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.

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: delayed trial eminent domain valuation datedefendant caused delay condemnation valuation