SECTIONS 1263.710-1263.770 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1263.710-1263.770

1263.710. (a) As used in this article, "remedial action" and
"removal" shall have the meanings accorded to those terms in Sections
25322 and 25323, respectively, of the Health and Safety Code.
(b) As used in this article, "required action" means any removal
or other remedial action with regard to hazardous materials that is
necessary to comply with any requirement of federal, state, or local
law.

1263.711. As used in this article, "hazardous material" shall have
the same meaning as that term is defined in Section 25260 of the
Health and Safety Code, except that under no circumstances shall
petroleum which is naturally occurring on a site be considered a
hazardous material.

1263.720. (a) Upon petition of any party to the proceeding, the
court in which the proceeding is brought shall specially set for
hearing the issue of whether any hazardous material is present within
the property to be taken.
(b) If the court determines that any hazardous material is present
within the property to be taken, the court shall do all of the
following:
(1) Identify those measures constituting the required action with
regard to the hazardous material, the probable cost of the required
action, and the party that shall be designated by the court to cause
the required action to be performed.
(2) Designate a trustee to monitor the completion of the required
action and to hold funds, deducted from amounts that are otherwise to
be paid to the defendant pursuant to this title, to defray the
probable cost of the required action.
(3) Transfer to the trustee funds necessary to defray the probable
cost of the required action from amounts deposited with the court
pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6
or pursuant to Section 1268.110. In the case of any payment to be
made directly to the defendant pursuant to Section 1268.010, the
plaintiff shall first pay to the trustee the amount necessary to
defray the probable cost of the required action, as identified by the
court, and shall pay the remainder of the judgment to the defendant.
The total amount transferred or paid to the trustee pursuant to this
paragraph shall not exceed an amount equal to 75 percent of the
following, as applicable:
(A) Prior to entry of judgment, the amount deposited as the
probable amount of compensation pursuant to Article 1 (commencing
with Section 1255.010) of Chapter 6.
(B) Subsequent to entry of judgment, the fair market value of the
property taken, as determined pursuant to Article 4 (commencing with
Section 1263.310). If the amount determined as fair market value
pursuant to that article exceeds the amount deposited pursuant to
Article 1 (commencing with Section 1255.010) of Chapter 6, that
excess shall be available, subject to the 75 percent limit set forth
in this paragraph, for transfer to the trustee for the purposes of
this paragraph or for reimbursement of the plaintiff for payments
made to the trustee pursuant to this paragraph. If the amount
determined as fair market value pursuant to Article 4 (commencing
with Section 1263.310) is less than the amount deposited pursuant to
Article 1 (commencing with Section 1255.010) of Chapter 6, the
plaintiff shall be entitled to a return of amounts thereby deposited,
a judgment against the defendant, or both, as necessary to ensure
that the total amount transferred or paid to the trustee pursuant to
this paragraph not exceed an amount equal to 75 percent of the fair
market value of the property taken, as determined pursuant to Article
4 (commencing with Section 1263.310).
(4) Establish a procedure by which the trustee shall make one or
more payments from the funds it receives pursuant to paragraph (3) to
the party causing the required action to be performed, upon
completion of all or specified portions of the required action. Any
amount of those funds that remains following the completion of all of
the required action shall be applied in accordance with the
provisions of this title that govern the disposition of the deposit
amounts referred to in paragraph (3).
(c) The actual and reasonable costs of the trustee incurred
pursuant to this section shall be paid by the plaintiff.

1263.730. Where the required action is caused to be performed by
the plaintiff, and the amount available to the trustee under this
article is insufficient to meet the actual cost incurred by the
plaintiff to complete the required action, the plaintiff may either
apply to the court for a new hearing regarding identification of the
probable cost, or complete the required action at its own expense and
bring an action against the defendant to recover the additional
costs.

1263.740. The presence of any hazardous material within a property
shall not be considered in appraising the property, for purposes of
Section 1263.720, pursuant to Article 1 (commencing with Section
1255.010) of Chapter 6, or pursuant to Article 4 (commencing with
Section 1263.310).

1263.750. (a) Notwithstanding any action taken pursuant to this
article, the plaintiff shall have available all remedies in law that
are available to a purchaser of real property with respect to any
cost, loss, or liability for which the plaintiff is not reimbursed
under this article.
(b) If the plaintiff abandons the proceeding at any time, the
plaintiff shall be entitled to compensation for the benefit, if any,
conferred on the property by reason of the remedial action performed
pursuant to this article. That benefit shall be applied as an offset
to the amount of any entitlement to damages on the part of the
defendant pursuant to Section 1268.620 or, if it exceeds the amount
of those damages, shall constitute a lien upon the property, to the
extent of that excess, when recorded with the county recorder in the
county in which the real property is located. The lien shall contain
the legal description of the real property, the assessor's parcel
number, and the name of the owner of record as shown on the latest
equalized assessment roll. The lien shall be enforceable upon the
transfer or sale of the property, and the priority of the lien shall
be as of the date of recording. In determining the amount of the
benefit, if any, neither party shall have the burden of proof.
For the purposes of this subdivision, "benefit" means the extent
to which the remedial action has enhanced the fair market value of
the property.

1263.760. An offer by the plaintiff to purchase the property
subject to this article shall be deemed to satisfy the requirements
of Section 7267.2 of the Government Code.

1263.770. This article shall only apply to the acquisition of
property by school districts.