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§ 1268.240.Public Entity's Right to Exercise Police Power Not Limited

Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 3. Possession After Judgment · Enacted 1975 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1268.240 clarifies that nothing in this article on possession after judgment restricts a public entity's ability to exercise its police power in emergency situations.

Full Text of § 1268.240

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Nothing in this article limits the right of a public entity to exercise its police power in emergency situations.

Plain-English Summary

This closing section of Article 3 draws a boundary around everything that came before it. The possession procedures in §§ 1268.210 through 1268.230 -- the application, the order, the notice requirements -- govern the ordinary, planned path to possession after judgment. None of that limits a separate authority public entities already have.

When a genuine emergency arises, a public entity's police power operates independently of this article's possession mechanics. The agency doesn't have to wait for an ex parte order or observe the 10- or 30-day notice periods if it's acting under emergency police powers rather than the possession procedure this article describes.

Frequently Asked Questions

Does this article limit a public entity's emergency powers?

No. Section 1268.240 says nothing in the article limits the right of a public entity to exercise its police power in emergency situations.

Does an agency need to follow the possession-order process in an emergency?

Not when it is acting under its independent police power in an emergency; this article's procedures govern the ordinary possession-after-judgment process.

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: police power emergency eminent domain californiaemergency exception possession after judgment