Procedures governing eminent domain actions differ in some
respects from other areas of law. Notably, all issues, except the
sole issue of compensation, are adjudicated by the court. This
requires the court to decide issues of law before the jury can
determine compensation, complicating timing issues even where civil
code sections on the matter seem straightforward.
Pursuant to California Code of Civil Procedure § 583.310,
"An action shall be brought to trial within five years after
the action is commenced against the defendant." Absent a
written stipulation, oral agreement made in open court, or other
statutory exception extending the five-year period, the defendant
may file a motion for mandatory dismissal for the delay in
prosecution.
