Section 1405.1 Of Chapter 8. Determination Of Just Compensation For Acquisition Of Utility Properties From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 8.
1405.1
. With respect to water corporations and water companies, the
following procedures shall apply:
(a) Upon the filing of the petition, the commission shall make its
order to show cause. The order shall specify the nature of the
proceeding, contain a general description of the lands, property, and
rights which petitioner desires to acquire by condemnation or
otherwise, and direct the owners and claimants named in the petition,
who shall also be named in the order, to appear before the
commission at a time and place specified in the order and to show
cause, if any they have, why the commission should not proceed to
hear the petition and to fix the just compensation to be paid for the
lands, property, and rights.
The order shall direct the executive director of the commission to
serve or cause to be served upon each owner and claimant a copy of
the order certified under the seal of the commission to which shall
be attached a copy of the petition.
(b) In response to the order to show cause, in response to a
petition of the first class, as specified in Section 1403, the
respondent public utility, or the owners of more than one-half
interest in the public utility, may present the commission with a
certified copy of a filed motion to the superior court where the
utility property is located to take jurisdiction of the matter. When
presented the motion before, or at the time of, the hearing on the
order to show cause, the commission shall dismiss the proceeding. The
superior court shall then grant the motion to take jurisdiction of
the matter. The political subdivision may then file, within 60 days
of the court's granting the motion, an action in eminent domain
pursuant to the Code of Civil Procedure and any further proceedings
shall be conducted pursuant to those provisions.
(c) All proceedings held pursuant to either subdivision (b) or (d)
shall be given priority over all civil cases in accordance with
Section 1260.010 of the Code of Civil Procedure.
(d) In response to an order to show cause in response to a
petition of the second class, as specified in Section 1403, and upon
presentation of the motion specified in subdivision (b), the
commission shall suspend the proceeding, but shall not dismiss the
proceeding. The superior court shall then grant the motion to take
limited jurisdiction of the matter solely for the purpose of
determining the amount of just compensation. The political
subdivision may then file, within 30 days, an action in the nature of
eminent domain, solely for the purpose of determining, pursuant to
the Evidence Code and the Code of Civil Procedure, the just
compensation to be paid for the land, property, and rights. Upon a
determination of just compensation, the court shall certify the
finding to the commission. The finding shall not be appealable, and
the court shall be acting as an agent of the commission in making the
finding. The finding shall be binding on the commission as if it had
been made by the commission itself pursuant to Section 1411. The
commission shall then continue the matter pursuant to this chapter.
(e) If the respondent public utility, or the owners of more than
one-half interest in the public utility, in the case of a petition of
either the first or second class, files a motion to remove the
matter from the commission to superior court pursuant to this
section, the commission and the court shall not make an award of any
litigation expenses incurred prior to the commission's dismissal or
suspension of the matter.
(f) Notwithstanding any other provision of law, the date of
valuation for purposes of just compensation shall be fixed by the
superior court as of the day on which the court grants the motion
filed by the public utility pursuant to subdivision (b) or (d).
(g) A political subdivision is liable only as provided in Sections
1414 and 1415 for payment of the reasonable expenditures of the
owner in any proceeding initiated pursuant to subdivision (d). For
purposes of this subdivision, the proceeding before the commission,
as used in Section 1415, includes any proceedings conducted pursuant
to subdivision (d).
(h) The amendments made to this section by Assembly Bill 616
during the 1987 portion of the 1987-88 Regular Session of the
Legislature shall not apply to or affect any petition filed pursuant
to this section before January 1, 1988.