Article 3 - Compensation for Improvements

California Code of Civil Procedure — §§ 1263.205-1263.270

Sections (7)

Added by Stats. 1975, Ch. 1275.

(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, or on the remainder if such property is part of a larger parcel, that cannot be removed without a substantial economic loss or without substantial damage to the property on which it is installed, regardless of the method of installation.

(b)In determining whether particular property can be removed “without a substantial economic loss” within the meaning of this section, the value of the property in place considered as a part

of the realty should be compared with its value if it were removed and sold.

§ 1263.210

Added by Stats. 1975, Ch. 1275.

(a)Except as otherwise provided by statute, all improvements pertaining to the realty shall be taken into account in determining compensation.

(b)Subdivision (a) applies notwithstanding the right or obligation of a tenant, as against the owner of any other interest in real property, to remove such improvement at the expiration of his term.

§ 1263.230

Added by Stats. 1975, Ch. 1275.

(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 the earliest of the following times:

(1)The time the plaintiff takes title to the property.

(2)The time the plaintiff takes possession of the property.

(3)If the defendant moves from the property in compliance with an order for possession, the date specified in the order; except that, if the

defendant so moves prior to such date and gives the plaintiff written notice thereof, the date 24 hours after such notice is received by the plaintiff.

(b)Where improvements pertaining to the realty are removed or destroyed by the defendant at any time, such improvements shall not be taken into account in determining compensation. Where such removal or destruction damages the remaining property, such damage shall be taken into account in determining compensation to the extent it reduces the value of the remaining property.

§ 1263.240

Added by Stats. 1975, Ch. 1275.

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 of the following is established:

(a)The improvement is one required to be made by a public utility to its utility system.

(b)The improvement is one made with the written consent of the plaintiff.

(c)The improvement is one authorized to be made by a court order issued after a noticed hearing and upon a finding by the

court that the hardship to the defendant of not permitting the improvement outweighs the hardship to the plaintiff of permitting the improvement. The court may, at the time it makes an order under this subdivision authorizing the improvement to be made, limit the extent to which the improvement shall be taken into account in determining compensation.

§ 1263.250

Added by Stats. 1975, Ch. 1275.

(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 summons. If the plaintiff takes possession of the property at a time that prevents the defendant from harvesting and marketing the crops, the fair market value of the crops in place at the date the plaintiff is authorized to take possession of the property shall be included in the compensation awarded for the property taken.

(b)Notwithstanding subdivision (a), the plaintiff may obtain a court order precluding the defendant from

planting crops after service of summons, in which case the compensation awarded for the property taken shall include an amount sufficient to compensate for loss caused by the limitation on the defendant’s right to use the property.

§ 1263.260

Added by Stats. 1975, Ch. 1275.

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 plaintiff within 60 days after service of summons written notice of such election. If the plaintiff fails within 30 days thereafter to serve on the owner written notice of refusal to allow removal of such improvements, the owner may remove such improvements and shall be compensated for their reasonable removal and relocation cost not to exceed the market value of the improvements. Where such removal will cause damage to the structure in which the improvements are located, the defendant shall cause no more damage to the

structure than is reasonably necessary in removing the improvements, and the structure shall be valued as if the removal had caused no damage to the structure.

§ 1263.270

Added by Stats. 1975, Ch. 1275.

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 and a determination that justice so requires, direct the plaintiff to acquire the entire improvement, including the part located on property not taken, together with an easement or other interest reasonably necessary for the demolition, removal, or relocation of the improvement.