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California Law (Last Updated: March 4, 2014) |
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Code of Civil Procedure - CCP |
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Part 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE |
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Title 7. EMINENT DOMAIN LAW |
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Chapter 11. Postjudgment Procedure |
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ARTICLE 5. Proration of Property Taxes |
Section 1268.420.
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(a) Except as provided in subdivision (b):
(1) If the acquisition of property by eminent domain will make the property exempt property as defined in Section 5081 of the Revenue and Taxation Code, any ad valorem taxes, penalties, or costs on the property for which the plaintiff is liable pursuant to Section 1268.410 are not collectible.
(2) If the acquisition of property by eminent domain will not make the property exempt property as defined in Section 5081 of the Revenue and Taxation Code, the plaintiff shall be deemed to be the assessee for the purposes of collection of any ad valorem taxes, penalties, and costs on the property for which the plaintiff is liable pursuant to Section 1268.410.
(b) To the extent there is a dismissal or partial dismissal of the eminent domain proceeding, the amount of any unpaid ad valorem taxes, penalties, and costs on the property for which the plaintiff would be liable pursuant to Section 1268. 410 until the entry of judgment of dismissal shall be awarded to the defendant. The amount awarded shall be paid to the tax collector from the award or, if unpaid for any reason, are collectible from the defendant.