SECTIONS 1245.010-1245.060 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1245.010-1245.060

1245.010. Subject to requirements of this article, any person
authorized to acquire property for a particular use by eminient
domain may enter upon property to make photographs, studies, surveys,
examinations, tests, soundings, borings, samplings, or appraisals or
to engage in similar activities reasonably related to acquisition or
use of the property for that use.

1245.020. In any case in which the entry and activities mentioned
in Section 1245.010 will subject the person having the power of
eminent domain to liability under Section 1245.060, before making
such entry and undertaking such activities, the person shall secure:
(a) The written consent of the owner to enter upon his property
and to undertake such activities; or
(b) An order for entry from the superior court in accordance with
Section 1245. 030.

1245.030. (a) The person seeking to enter upon the property may
petition the court for an order permitting the entry and shall give
such prior notice to the owner of the property as the court
determines is appropriate under the circumstances of the particular
case.
(b) Upon such petition and after such notice has been given, the
court shall determine the purpose for the entry, the nature and scope
of the activities reasonably necessary to accomplish such purpose,
and the probable amount of compensation to be paid to the owner of
the property for the actual damage to the property and interference
with its possession and use.
(c) After such determination, the court may issue its order
permitting the entry. The order shall prescribe the purpose for the
entry and the nature and scope of the activities to be undertaken and
shall require the person seeking to enter to deposit with the court
the probable amount of compensation.

1245.040. (a) The court, after notice and hearing, may modify any
of the provisions of an order made under Section 1245.030.
(b) If the amount required to be deposited is increased by an
order of modification, the court shall specify the time within which
the additional amount shall be deposited and may direct that any
further entry or that specified activities under the order as
modified be stayed until the additional amount has been deposited.

1245.050. (a) Unless sooner disbursed by court order, the amount
deposited under this article shall be retained on deposit for six
months following the termination of the entry. The period of
retention may be extended by the court for good cause.
(b) The deposit shall be made in the Condemnation Deposits Fund in
the State Treasury or, upon written request of the plaintiff filed
with the deposit, in the county treasury. If made in the State
Treasury, the deposit shall be held, invested, deposited, and
disbursed in accordance with Article 10 (commencing with Section
16429) of Chapter 2 of Part 2 of Division 4 of Title 2 of the
Government Code.

1245.060. (a) If the entry and activities upon property cause
actual damage to or substantial interference with the possession or
use of the property, whether or not a claim has been presented in
compliance with Part 3 (commencing with Section 900) of Divison 3.6
of Title 1 of the Government Code, the owner may recover for such
damage or interference in a civil action or by application to the
court under subdivision (c).
(b) The prevailing claimant in an action or proceeding under this
section shall be awarded his costs and, if the court finds that any
of the following occurred, his litigation expenses incurred in
proceedings under this article:
(1) The entry was unlawful.
(2) The entry was lawful but the activities upon the property were
abusive or lacking in due regard for the interests of the owner.
(3) There was a failure substantially to comply with the terms of
an order made under Section 1245.030 or 1245.040.
(c) If funds are on deposit under this article, upon application
of the owner, the court shall determine and award the amount the
owner is entitled to recover under this section and shall order such
amount paid out of the funds on deposit. If the funds on deposit are
insufficient to pay the full amount of the award, the court shall
enter judgment for the unpaid portion.
(d) Nothing in this section affects the availability of any other
remedy the owner may have for the damaging of his property.