SECTIONS 1263.510-1263.530 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1263.510-1263.530

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 goodwill if the owner proves
all of the following:
(1) The loss is caused by the taking of the property or the injury
to the remainder.
(2) The loss cannot reasonably be prevented by a relocation of the
business or by taking steps and adopting procedures that a
reasonably prudent person would take and adopt in preserving the
goodwill.
(3) Compensation for the loss will not be included in payments
under Section 7262 of the Government Code.
(4) Compensation for the loss will not be duplicated in the
compensation otherwise awarded to the owner.
(b) Within the meaning of this article, "goodwill" consists of the
benefits that accrue to a business as a result of its location,
reputation for dependability, skill or quality, and any other
circumstances resulting in probable retention of old or acquisition
of new patronage.
(c) If the public entity and the owner enter into a leaseback
agreement pursuant to Section 1263.615, the following shall apply:
(1) No additional goodwill shall accrue during the lease.
(2) The entering of a leaseback agreement shall not be a factor in
determining goodwill. Any liability for goodwill shall be
established and paid at the time of acquisition of the property by
eminent domain or subsequent to notice that the property may be taken
by eminent domain.

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 will preserve their
confidentiality, make available to the plaintiff, the state tax
returns of the business for audit for confidential use solely for the
purpose of determining the amount of compensation under this
article. Nothing in this section affects any right a party may
otherwise have to discovery or to require the production of
documents, papers, books, and accounts.

1263.530. Nothing in this article is intended to deal with
compensation for inverse condemnation claims for temporary
interference with or interruption of business.