SECTIONS 1263.205-1263.270 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1263.205-1263.270

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, 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. (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. (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. 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. (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. 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. 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.