BILL NUMBER: SB 634	CHAPTERED  07/13/99

	CHAPTER   102
	FILED WITH SECRETARY OF STATE   JULY 13, 1999
	APPROVED BY GOVERNOR   JULY 13, 1999
	PASSED THE SENATE   JULY 1, 1999
	PASSED THE ASSEMBLY   JUNE 16, 1999
	AMENDED IN ASSEMBLY   JUNE 9, 1999
	AMENDED IN ASSEMBLY   MAY 17, 1999
	AMENDED IN SENATE   APRIL 14, 1999

INTRODUCED BY   Senator Kelley

                        FEBRUARY 24, 1999

   An act to amend Sections 1250.410 and 1258.220 of the Code of
Civil Procedure, relating to eminent domain.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 634, Kelley.  Eminent domain.
   Existing law specifies the time period within which various
documents must be exchanged in eminent domain proceedings absent an
agreement thereto.  It also specifies the time period in which the
plaintiff must file its final offer of compensation and in which the
defendant must file its final demand for compensation.
   This bill would revise  these time periods, as specified.


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.  Such
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.
   In determining the amount of such litigation expenses, the court
shall consider the offer required to be made by the plaintiff
pursuant to Section 7267.2 of the Government Code and any other
written offers and demands filed and served prior to or during the
trial.
   (c) 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 1258.220 of the Code of Civil Procedure is amended
to read:
   1258.220.  For the purposes of this article, the "date of exchange"
is the date agreed to for the exchange of their lists of expert
witnesses and statements of valuation data by the party who served a
demand and the party on whom the demand was served or, failing such
agreement, a date 60 days prior to commencement of the trial on the
issue of compensation or the date set by the court on noticed motion
of either party establishing good cause therefor.