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Code of Civil Procedure - CCP - CCP § 1260.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1260.220

(a) Except as provided in subdivision (b), where there are divided interests in property acquired by eminent domain, the value of each interest and the injury, if any, to the remainder of such interest shall be separately assessed and compensation awarded therefor. (b) The plaint

Code of Civil Procedure - CCP - CCP § 1260.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1260.230

As far as practicable, the trier of fact shall assess separately each of the following: (a) Compensation for the property taken as required by Article 4 (commencing with Section 1263.310) of Chapter 9. (b) When the property acquired is part of a larger parcel: (1) The amount of t

Code of Civil Procedure - CCP - CCP § 1260.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1260.240

Where any persons unknown or any deceased persons or the heirs and devisees of any deceased persons have been properly joined as defendants but have not appeared either personally or by a personal representative, the court shall determine the extent of the interests of such defen

Code of Civil Procedure - CCP - CCP § 1260.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1260.250

(a) In a county where both the auditor and the tax collector are elected officials, the court shall by order give the auditor or tax collector the legal description of the property sought to be taken and direct the auditor or tax collector to certify to the court the information

Code of Civil Procedure - CCP - CCP § 1263.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.010

(a) The owner of property acquired by eminent domain is entitled to compensation as provided in this chapter. (b) Nothing in this chapter affects any rights the owner of property acquired by eminent domain may have under any other statute. In any case where two or more statutes p

Code of Civil Procedure - CCP - CCP § 1263.015

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.015

At the request of an owner of property acquired by eminent domain, the public entity may enter into an agreement with the owner specifying the manner of payment of compensation to which the owner is entitled as the result of the acquisition. The agreement may provide that the com

Code of Civil Procedure - CCP - CCP § 1263.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.020

Except as otherwise provided by law, the right to compensation shall be deemed to have accrued at the date of filing the complaint.

Code of Civil Procedure - CCP - CCP § 1263.025

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.025

(a) A public entity shall offer to pay the reasonable costs, not to exceed five thousand dollars ($5,000), of an independent appraisal ordered by the owner of a property that the public entity offers to purchase under a threat of eminent domain, at the time the public entity make

Code of Civil Procedure - CCP - CCP § 1263.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.110

(a) Unless an earlier date of valuation is applicable under this article, if the plaintiff deposits the probable compensation in accordance with Article 1 (commencing with Section 1255.010) of Chapter 6 or the amount of the award in accordance with Article 2 (commencing with Sect

Code of Civil Procedure - CCP - CCP § 1263.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.120

If the issue of compensation is brought to trial within one year after commencement of the proceeding, the date of valuation is the date of commencement of the proceeding.

Code of Civil Procedure - CCP - CCP § 1263.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.130

Subject to Section 1263.110, if the issue of compensation is not brought to trial within one year after commencement of the proceeding, the date of valuation is the date of the commencement of the trial unless the delay is caused by the defendant, in which case the date of valuat

Code of Civil Procedure - CCP - CCP § 1263.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.140

Subject to Section 1263.110, if a new trial is ordered by the trial or appellate court and the new trial is not commenced within one year after the commencement of the proceeding, the date of valuation is the date of the commencement of such new trial unless, in the interest of j

Code of Civil Procedure - CCP - CCP § 1263.150

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.150

Subject to Section 1263.110, if a mistrial is declared and the retrial is not commenced within one year after the commencement of the proceeding, the date of valuation is the date of the commencement of the retrial of the case unless, in the interest of justice, the court declari

Code of Civil Procedure - CCP - CCP § 1263.205

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.205

(a) As used in this article, “improvements pertaining to the realty” include any machinery or equipment installed for use on property taken by eminent domain, or on the remainder if such property is part of a larger parcel, that cannot be removed without a substantial economic lo

Code of Civil Procedure - CCP - CCP § 1263.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 prop

Code of Civil Procedure - CCP - CCP § 1263.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 ta

Code of Civil Procedure - CCP - CCP § 1263.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1263.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 market

Code of Civil Procedure - CCP - CCP § 1263.260

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 thereaf

Code of Civil Procedure - CCP - CCP § 1263.270

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1263.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.310

Compensation shall be awarded for the property taken. The measure of this compensation is the fair market value of the property taken.

Code of Civil Procedure - CCP - CCP § 1263.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 b

Code of Civil Procedure - CCP - CCP § 1263.321

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 of Civil Procedure - CCP - CCP § 1263.330

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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)

Code of Civil Procedure - CCP - CCP § 1263.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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