CHAPTER 9. Compensation [1263.010. - 1263.770.]

Chapter 9 added by Stats. 1975, Ch. 1275.

§§ 1263.010–1263.770 · 39 sections

1. ARTICLE 1. General Provisions §§ 1263.010–1263.025 · 4 sections

   • § 1263.010 (a) The owner of property acquired by eminent domain is entitled to compensation as provided in this chapter. (b) Nothing in this chapter affects any rights…
   • § 1263.015 At the request of an owner of property acquired by eminent domain, the public entity may enter into an agreement with the owner specifying the manner of…
   • § 1263.020 Except as otherwise provided by law, the right to compensation shall be deemed to have accrued at the date of filing the complaint.
   • § 1263.025 (a) A public entity shall offer to pay the reasonable costs, not to exceed five thousand dollars ($5,000), of an independent appraisal ordered by the owner of…
2. ARTICLE 2. Date of Valuation §§ 1263.110–1263.150 · 5 sections

   • § 1263.110 (a) Unless an earlier date of valuation is applicable under this article, if the plaintiff deposits the probable compensation in accordance with Article 1…
   • § 1263.120 If the issue of compensation is brought to trial within one year after commencement of the proceeding, the date of valuation is the date of commencement of the…
   • § 1263.130 Subject to Section 1263.110, if the issue of compensation is not brought to trial within one year after commencement of the proceeding, the date of valuation…
   • § 1263.140 Subject to Section 1263.110, if a new trial is ordered by the trial or appellate court and the new trial is not commenced within one year after the…
   • § 1263.150 Subject to Section 1263.110, if a mistrial is declared and the retrial is not commenced within one year after the commencement of the proceeding, the date of…
3. ARTICLE 3. Compensation for Improvements §§ 1263.205–1263.270 · 7 sections

   • § 1263.205 (a) As used in this article, “improvements pertaining to the realty” include any machinery or equipment installed for use on property taken by eminent domain,…
   • § 1263.210 (a) Except as otherwise provided by statute, all improvements pertaining to the realty shall be taken into account in determining compensation. (b) Subdivision…
   • § 1263.230 (a) Improvements pertaining to the realty shall not be taken into account in determining compensation to the extent that they are removed or destroyed before…
   • § 1263.240 Improvements pertaining to the realty made subsequent to the date of service of summons shall not be taken into account in determining compensation unless one…
   • § 1263.250 (a) The acquisition of property by eminent domain shall not prevent the defendant from harvesting and marketing crops planted before or after the service of…
   • § 1263.260 Notwithstanding Section 1263.210, the owner of improvements pertaining to the realty may elect to remove any or all such improvements by serving on the…
   • § 1263.270 Where an improvement pertaining to the realty is located in part upon property taken and in part upon property not taken, the court may, on motion of any party…
4. ARTICLE 4. Measure of Compensation for Property Taken §§ 1263.310–1263.330 · 4 sections

   • § 1263.310 Compensation shall be awarded for the property taken. The measure of this compensation is the fair market value of the property taken.
   • § 1263.320 (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but…
   • § 1263.321 A just and equitable method of determining the value of nonprofit, special use property for which there is no relevant, comparable market is as set forth in…
   • § 1263.330 The fair market value of the property taken shall not include any increase or decrease in the value of the property that is attributable to any of the…
5. ARTICLE 5. Compensation for Injury to Remainder §§ 1263.410–1263.450 · 5 sections

   • § 1263.410 (a) Where the property acquired is part of a larger parcel, in addition to the compensation awarded pursuant to Article 4 (commencing with Section 1263.310)…
   • § 1263.420 Damage to the remainder is the damage, if any, caused to the remainder by either or both of the following: (a) The severance of the remainder from the part…
   • § 1263.430 Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is taken in the manner proposed by…
   • § 1263.440 (a) The amount of any damage to the remainder and any benefit to the remainder shall reflect any delay in the time when the damage or benefit caused by the…
   • § 1263.450 Compensation for injury to the remainder shall be based on the project as proposed. Any features of the project which mitigate the damage or provide benefit to…
6. ARTICLE 6. Compensation for Loss of Goodwill §§ 1263.510–1263.530 · 3 sections

   • § 1263.510 (a) The owner of a business conducted on the property taken, or on the remainder if the property is part of a larger parcel, shall be compensated for loss of…
   • § 1263.520 The owner of a business who claims compensation under this article shall make available to the court, and the court shall, upon such terms and conditions as…
   • § 1263.530 Nothing in this article is intended to deal with compensation for inverse condemnation claims for temporary interference with or interruption of business.
7. ARTICLE 7. Miscellaneous Provisions §§ 1263.610–1263.620 · 3 sections

   • § 1263.610 A public entity and the owner of property to be acquired for public use may make an agreement that the public entity will: (a) Relocate for the owner any…
   • § 1263.615 (a) A public entity shall offer a one-year leaseback agreement to the owner of a property to be acquired by any method set forth in subdivision (b) for that…
   • § 1263.620 (a) Where summons is served during construction of an improvement or installation of machinery or equipment on the property taken or on the remainder if such…
8. ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts §§ 1263.710–1263.770 · 8 sections

   • § 1263.710 (a) As used in this article, “remedial action” and “removal” shall have the meanings accorded to those terms in Sections 78125 and 78135, respectively, of the…
   • § 1263.711 As used in this article, “hazardous material” shall have the same meaning as that term is defined in Section 25260 of the Health and Safety Code, except that…
   • § 1263.720 (a) Upon petition of any party to the proceeding, the court in which the proceeding is brought shall specially set for hearing the issue of whether any…
   • § 1263.730 Where the required action is caused to be performed by the plaintiff, and the amount available to the trustee under this article is insufficient to meet the…
   • § 1263.740 The presence of any hazardous material within a property shall not be considered in appraising the property, for purposes of Section 1263.720, pursuant to…
   • § 1263.750 (a) Notwithstanding any action taken pursuant to this article, the plaintiff shall have available all remedies in law that are available to a purchaser of real…
   • § 1263.760 An offer by the plaintiff to purchase the property subject to this article shall be deemed to satisfy the requirements of Section 7267.2 of the Government Code.
   • § 1263.770 This article shall only apply to the acquisition of property by school districts.