SECTIONS 1265.410-1265.420 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1265.410-1265.420

1265.410. (a) Where the acquisition of property for public use
violates a use restriction coupled with a contingent future interest
granting a right to possession of the property upon violation of the
use restriction:
(1) If violation of the use restriction was otherwise reasonably
imminent, the owner of the contingent future interest is entitled to
compensation for its value, if any.
(2) If violation of the use restriction was not otherwise
reasonably imminent but the benefit of the use restriction was
appurtenant to other property, the owner of the contingent future
interest is entitled to compensation to the extent that the failure
to comply with the use restriction damages the dominant premises to
which the restriction was appurtenant and of which he was the owner.
(b) Where the acquisition of property for public use violates a
use restriction coupled with a contingent future interest granting a
right to possession of the property upon violation of the use
restriction but the contingent future interest is not compensable
under subdivision (a), if the use restriction is that the property be
devoted to a particular charitable or public use, the compensation
for the property shall be devoted to the same or similar use coupled
with the same contingent future interest.

1265.420. Where property acquired for public use is subject to a
life tenancy, upon petition of the life tenant or any other person
having an interest in the property, the court may order any of the
following:
(a) An apportionment and distribution of the award based on the
value of the interest of life tenant and remainderman.
(b) The compensation to be used to purchase comparable property to
be held subject to the life tenancy.
(c) The compensation to be held in trust and invested and the
income (and, to the extent the instrument that created the life
tenancy permits, principal) to be distributed to the life tenant for
the remainder of the tenancy.
(d) Such other arrangement as will be equitable under the
circumstances.