SECTIONS 1263.610-1263.620 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1263.610-1263.620

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 structure if such relocation is
likely to reduce the amount of compensation otherwise payable to the
owner by an amount equal to or greater than the cost of such
relocation.
(b) Carry out for the owner any work on property not taken,
including work on any structure, if the performance of the work is
likely to reduce the amount of compensation otherwise payable to the
owner by an amount equal to or greater than the cost of the work.

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 property owner's continued use of
the property upon acquisition, subject to the property owner's
payment of fair market rents and compliance with other conditions set
forth in subdivision (c), unless the public entity states in writing
that the development, redevelopment, or use of the property for its
stated public use is scheduled to begin within two years of its
acquisition. This section shall not apply if the public entity states
in writing that a leaseback of the property would create or allow
the continuation of a public nuisance to the surrounding community.
(b) The following property acquisitions are subject to the
requirements of this section:
(1) Any acquisition by a public entity pursuant to eminent domain.
(2) Any acquisition by a public entity following adoption of a
resolution of necessity pursuant to Article 2 (commencing with
Section 1245.210) of Chapter 4 for the property.
(3) Any acquisition by a public entity prior to the adoption of a
resolution of necessity pursuant to Article 2 (commencing with
Section 1245.210) of Chapter 4 for the property, but subsequent to a
written notice that the public entity may take the property by
eminent domain.
(c) The following conditions shall apply to any leaseback offered
pursuant to this section:
(1) The lessee shall be responsible for any additional waste or
nuisance on the property, and for any other liability arising from
the continued use of the property.
(2) The lessor may demand a security deposit to cover any
potential liability arising from the leaseback. The security deposit
shall be reasonable in light of the use of the leased property.
(3) The lessor shall be indemnified from any legal liability and
attorney's fees resulting from any lawsuit against the lessee or
lessor, arising from the operation of the lessee's business or use of
the property.
(4) The lessor shall require the lessee to carry adequate
insurance to cover potential liabilities arising from the lease and
use of the property, and shall require that insurance to name the
lessor as an additional insured.
(5) Additional goodwill shall not accrue during any lease.
(6) The lessee shall be subject to unlawful detainer proceedings
as provided by law.
(d) A public entity shall offer to renew a leaseback agreement for
one-year terms, subject to any rent adjustment to reflect inflation
and upon compliance with other conditions set forth in subdivision
(c), unless the public entity states in writing that the development,
redevelopment, or use of the property for its stated public use is
scheduled to begin within two years of the termination date of the
lease. At least 60 days prior to the lease termination date, the
public entity lessor shall either offer a one-year renewal of the
lease or send a statement declaring that the lease will not be
renewed because the development, redevelopment, or use of the
property is scheduled to begin within two years of the lease
termination date. The lessee shall either accept or reject a lease
renewal offer at least 30 days prior to the lease termination date.
The lessee's failure to accept a renewal offer in a timely manner
shall constitute a rejection of the renewal offer. A lessor's failure
to offer a renewal or give the notice as required shall extend the
lease term for 60-day increments until an offer or notice is made,
and if a notice of termination is given after the lease termination
date, the lessee shall have no less than 60 days to vacate the
property. A lessee's failure to accept within 30 days a renewal offer
made subsequent to the lease termination date shall constitute a
rejection of the offer.
(e) A party who holds over after expiration of the lease shall be
subject to unlawful detainer proceedings and shall also be subject to
the lessor for holdover damages.
(f) A leaseback entered into pursuant to this section shall not
affect the amount of compensation otherwise payable to the property
owner for the property to be acquired.

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 property is part of a larger
parcel, and the owner of the property ceases the construction or
installation due to such service, the owner shall be compensated for
his expenses reasonably incurred for work necessary for either of the
following purposes:
(1) To protect against the risk of injury to persons or to other
property created by the uncompleted improvement.
(2) To protect the partially installed machinery or equipment from
damage, deterioration, or vandalism.
(b) The compensation provided in this section is recoverable only
if the work was preceded by notice to the plaintiff except in the
case of an emergency. The plaintiff may agree with the owner (1) that
the plaintiff will perform work necessary for the purposes of this
section or (2) as to the amount of compensation payable under this
section.