§ 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
Full Text of § 1268.240
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.