§ 1260.250. — 1260.250. (Amended by Stats. 1999, Ch. 892, Sec. 12.)

California § 1260.250.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 7.
• Part 3.: TITLE 7. EMINENT DOMAIN LAW
• Ch. 8.: CHAPTER 8. Procedures for Determining Right to Take and Compensation
• Art. 3.: ARTICLE 3. Procedures Relating to Determination of Compensation

Text

(a)
In a county where both the auditor and the tax collector are elected officials, the court shall by order give the auditor or tax collector the legal description of the property sought to be taken and direct the auditor or tax collector to certify to the court the information required by subdivision (c), and the auditor or tax collector shall promptly certify the required information to the court. In all other counties, the court shall by order give the tax collector the legal description of the property sought to be taken and
direct the tax collector to certify to the court the information required by subdivision (c), and the tax collector shall promptly certify the required information to the court.
(b)
The court order shall be made on or before the earliest of the following dates:
(1)
The date the court makes an order for possession.
(2)
The date set for trial.
(3)
The date of entry of judgment.
(c)
The court order shall require certification of the following information:
(1)
The current assessed value of the property together with its assessed identification number.
(2)
All unpaid
taxes on the property, and any penalties and costs that have accrued thereon while on the secured roll, levied for prior tax years that constitute a lien on the property.
(3)
All unpaid taxes on the property, and any penalties and costs that have accrued thereon while on the secured roll, levied for the current tax year that constitute a lien on the property prorated to, but not including, the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code or the date of trial, whichever is earlier. If the amount of the current taxes is not ascertainable at the time of proration, the amount shall be estimated and computed based on the assessed value for the current assessment year and the tax rate levied on the property for the immediately prior tax year.
(4)
The actual or estimated amount of taxes on the property that are or will become a lien on the
property in the next succeeding tax year prorated to, but not including, the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code or the date of trial, whichever is earlier. Any estimated amount of taxes shall be computed based on the assessed value of the property for the current assessment year and the tax rate levied on the property for the current tax year.
(5)
The amount of the taxes, penalties, and costs allocable to one day of the current tax year, and where applicable, the amount allocable to one day of the next succeeding tax year, hereinafter referred to as the “daily prorate.”
(6)
The total of paragraphs (2), (3), and (4).
(d)
If the property sought to be taken does not have a separate valuation on the assessment roll, the information required by this section shall be
for the larger parcel of which the property is a part.
(e)
The court, as part of the judgment, shall separately state the amount certified pursuant to this section and order that the amount be paid to the tax collector from the award. If the amount so certified is prorated to the date of trial, the order shall include, in addition to the amount so certified, an amount equal to the applicable daily prorate multiplied by the number of days commencing on the date of trial and ending on and including the day before the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code.
(f)
Notwithstanding any other provision of this section, if the board of supervisors provides the procedure set forth in Section 5087 of the Revenue and Taxation Code, the court shall make no award of taxes in the judgment.

Legislative History

Amended by Stats. 1999, Ch. 892, Sec. 12. Effective January 1, 2000.