reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 1263.210 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 3 - Compensation for Improvements|Section 1263.210.

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.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.230 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 3 - Compensation for Improvements|Section 1263.230.

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.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.240 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 3 - Compensation for Improvements|Section 1263.240.

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. (Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.250 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 3 - Compensation for Improvements|Section 1263.250.

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.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.260 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 3 - Compensation for Improvements|Section 1263.260.

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.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.270 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 3 - Compensation for Improvements|Section 1263.270.

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.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.310 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 4 - Measure of Compensation for Property Taken|Section 1263.310.

1263.310.  Compensation shall be awarded for the property taken. The measure of this compensation is the fair market value of the property taken.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.320 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 4 - Measure of Compensation for Property Taken|Section 1263.320.

1263.320.  (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.(b) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable.(Amended by Stats. 1992, Ch. 7, Sec. 2. Effective January 1, 1993.)
CA Civ Pro Code § 1263.321 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 4 - Measure of Compensation for Property Taken|Section 1263.321.

1263.321.  A just and equitable method of determining the value of nonprofit, special use property for which there is no relevant, comparable market is as set forth in Section 824 of the Evidence Code, but subject to the exceptions set forth in subdivision (c) of Section 824 of the Evidence Code.(Added by Stats. 1992, Ch. 7, Sec. 3. Effective January 1, 1993.)
CA Civ Pro Code § 1263.330 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 4 - Measure of Compensation for Property Taken|Section 1263.330.

1263.330.  The fair market value of the property taken shall not include any increase or decrease in the value of the property that is attributable to any of the following:(a) The project for which the property is taken.(b) The eminent domain proceeding in which the property is taken.(c) Any preliminary actions of the plaintiff relating to the taking of the property.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.410 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 5 - Compensation for Injury to Remainder|Section 1263.410.

1263.410.  (a) Where the property acquired is part of a larger parcel, in addition to the compensation awarded pursuant to Article 4 (commencing with Section 1263.310) for the part taken, compensation shall be awarded for the injury, if any, to the remainder.(b) Compensation for injury to the remainder is the amount of the damage to the remainder reduced by the amount of the benefit to the remainder. If the amount of the benefit to the remainder equals or exceeds the amount of the damage to the remainder, no compensation shall be awarded under this article. If the amount of the benefit to the remainder exceeds the amount of damage to the remainder, such excess shall be deducted from the compensation provided in Section 1263.510, if any, but shall not be deducted from the compensation required to be awarded for the property taken or from the other compensation required by this chapter.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.420 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 5 - Compensation for Injury to Remainder|Section 1263.420.

1263.420.  Damage to the remainder is the damage, if any, caused to the remainder by either or both of the following:(a) The severance of the remainder from the part taken.(b) The construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the damage is caused by a portion of the project located on the part taken.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.430 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 5 - Compensation for Injury to Remainder|Section 1263.430.

1263.430.  Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the benefit is caused by a portion of the project located on the part taken.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.440 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 5 - Compensation for Injury to Remainder|Section 1263.440.

1263.440.  (a) The amount of any damage to the remainder and any benefit to the remainder shall reflect any delay in the time when the damage or benefit caused by the construction and use of the project in the manner proposed by the plaintiff will actually be realized.(b) The value of the remainder on the date of valuation, excluding prior changes in value as prescribed in Section 1263.330, shall serve as the base from which the amount of any damage and the amount of any benefit to the remainder shall be determined.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.450 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 5 - Compensation for Injury to Remainder|Section 1263.450.

1263.450.  Compensation for injury to the remainder shall be based on the project as proposed. Any features of the project which mitigate the damage or provide benefit to the remainder, including but not limited to easements, crossings, underpasses, access roads, fencing, drainage facilities, and cattle guards, shall be taken into account in determining the compensation for injury to the remainder.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.510 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 6 - Compensation for Loss of Goodwill|Section 1263.510.

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.(Amended by Stats. 2006, Ch. 602, Sec. 2. Effective January 1, 2007.)
CA Civ Pro Code § 1263.520 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 6 - Compensation for Loss of Goodwill|Section 1263.520.

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.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.530 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 6 - Compensation for Loss of Goodwill|Section 1263.530.

1263.530.  Nothing in this article is intended to deal with compensation for inverse condemnation claims for temporary interference with or interruption of business.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.610 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 7 - Miscellaneous Provisions|Section 1263.610.

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.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.620 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 7 - Miscellaneous Provisions|Section 1263.620.

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.(Added by Stats. 1975, Ch. 1275.)
CA Civ Pro Code § 1263.710 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 8 - Remediation of Hazardous Materials on Property to be Acquired by School Districts|Section 1263.710.

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.(Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
CA Civ Pro Code § 1263.711 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 8 - Remediation of Hazardous Materials on Property to be Acquired by School Districts|Section 1263.711.

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.(Added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
CA Civ Pro Code § 1263.730 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 8 - Remediation of Hazardous Materials on Property to be Acquired by School Districts|Section 1263.730.

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.(Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
CA Civ Pro Code § 1263.740 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 8 - Remediation of Hazardous Materials on Property to be Acquired by School Districts|Section 1263.740.

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).(Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
CA Civ Pro Code § 1263.750 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 8 - Remediation of Hazardous Materials on Property to be Acquired by School Districts|Section 1263.750.

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.(Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
CA Civ Pro Code § 1263.760 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 8 - Remediation of Hazardous Materials on Property to be Acquired by School Districts|Section 1263.760.

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.(Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
CA Civ Pro Code § 1263.770 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 9 - Compensation|ARTICLE 8 - Remediation of Hazardous Materials on Property to be Acquired by School Districts|Section 1263.770.

1263.770.  This article shall only apply to the acquisition of property by school districts.(Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
CA Civ Pro Code § 1265.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 7 - EMINENT DOMAIN LAW|CHAPTER 10 - Divided Interests|ARTICLE 1 - General Provisions|Section 1265.010.

1265.010.  Although this chapter provides rules governing compensation for particular interests in property, it does not otherwise limit or affect the right to compensation for any other interest in property.(Added by Stats. 1975, Ch. 1275.)