Can a plaintiff in a condemnation action have a right to enter the condemned property?

California, United States of America


The following excerpt is from Pacific Gas & Electric Co. v. Superior Court, 109 Cal.Rptr. 10, 33 Cal.App.3d 321 (Cal. App. 1973):

We cite pertinent language from Heilbron v. Superior Court, supra (at p. 275, 90 P. at p. 707): 'and it must necessarily result from petitioner's argument, carried to its logical conclusion, that in no conceivable instance can a plaintiff in condemnation have a right of entry upon the condemned property until the end of the litigation has come, with a final affirmance by the court of last resort of the amount of the jury's award. This, of course, is not the meaning of the Constitution, which, from its very reading, as well as from the construction which has been given to its language by this court, contemplates that such right of entry vests in plaintiff after an award by the jury of the amount of damage which the defendant will sustain by the taking of his property, whether that amount in the ultimate outcome of the litigation shall prove to be the true amount, or whether, as the result of appeals and new trials, the amount shall be finally determined to be more or less. The constitutional provision is framed to accomplish this result, and unquestionably section 1254 of the Code of Civil Procedure has been [33 Cal.App.3d 328] carefully devised and drawn to further and effectuate the constitutional intent. . . .

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