BILL NUMBER: AB 1770	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Papan

                        JANUARY 9, 2002

   An act to amend Sections 1250.410 and 1255.060 of the Code of
Civil Procedure, relating to eminent domain.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1770, as introduced, Papan.  Eminent domain proceedings.
   Existing law provides that in determining the litigation expenses
to be awarded to the defendant as costs in an eminent domain
proceeding, the court shall consider the amount of an offer made by
the plaintiff to acquire the property, as specified.
   This bill would also require the court to consider any deposit
made by the plaintiff with the State Treasury to cover the probable
compensation to be awarded to the defendant.
   Existing law provides that in the trial of the issue of
compensation in an eminent domain proceeding, a witness may not be
impeached by reference to any appraisal report, written statement and
summary of an appraisal, or other statements made in connection with
a deposit or withdrawal of a deposit of probable compensation, nor
may the report or statement and summary be considered an admission of
any party.
   This bill would instead provide that in the trial of the issue of
compensation, an appraisal report, written statement and summary of
an appraisal, or other statement made in connection with a deposit or
withdrawal of a deposit may not be considered to be an admission of
any party.  However, the bill would also provide that if the person
who prepared the report, statement and summary, or other statement is
called at trial to give an opinion as to compensation, the report,
statement and summary, or other statement may be used for impeachment
of the witness.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1250.410 of the Code of Civil Procedure is
amended to read:
   1250.410.  (a) At least 20 days prior to the date of the trial on
issues relating to compensation, the plaintiff shall file with the
court and serve on the defendant its final offer of compensation in
the proceeding and the defendant shall file and serve on the
plaintiff its final demand for compensation in the proceeding.  The
offer and the demand shall include all compensation required pursuant
to this title, including compensation for loss of goodwill, if any,
and shall state whether interest and costs are included.  
Such   These  offers and demands shall be the only
offers and demands considered by the court in determining the
entitlement, if any, to litigation expenses. Service shall be in the
manner prescribed by Chapter 5 (commencing with Section 1010) of
Title 14 of Part 2.
   (b) If the court, on motion of the defendant made within 30 days
after entry of judgment, finds that the offer of the plaintiff was
unreasonable and that the demand of the defendant was reasonable
viewed in the light of the evidence admitted and the compensation
awarded in the proceeding, the costs allowed pursuant to Section
1268.710 shall include the defendant's litigation expenses.
    (c)  In determining the amount of  those
 litigation expenses  allowed under this section  ,
the court shall consider the offer required to be made by the
plaintiff pursuant to Section 7267.2 of the Government Code  ,
any deposit made by the plaintiff pursuant to Chapter 6 (commencing
with Section 1255.010),  and any other written offers and
demands filed and served  prior to   before
 or during the trial.  
   (c)  
   (d)  If timely made, the offers and demands as provided in
subdivision (a) shall be considered by the court on the issue of
determining an entitlement to litigation expenses.
  SEC. 2.  Section 1255.060 of the Code of Civil Procedure is amended
to read:
   1255.060.  (a) The amount deposited or withdrawn pursuant to this
chapter  shall   may  not be given in
evidence or referred to in the trial of the issue of compensation.
   (b) In the trial of the issue of compensation,  a witness
may not be impeached by reference to any   an 
appraisal report, written statement and summary of an appraisal, or
other  statements   statement  made in
connection with a deposit or withdrawal pursuant to this chapter
 , nor shall such a report or statement and summary 
 may not  be considered to be an admission of any party.
   (c) Upon objection of the party at whose request an appraisal
report, written statement and summary of the appraisal, or other
statement was made in connection with a deposit or withdrawal
pursuant to this chapter, the person who made  such 
 the  report or statement and summary or other statement
may not be called at the trial on the issue of compensation by any
other party to give an opinion as to compensation.   If the
person who prepared the report, statement and summary, or other
statement is called at trial to give an opinion as to compensation,
the report, statement and summary, or other statement may be used for
impeachment of the witness.