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Code of Civil Procedure - CCP - CCP § 1263.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 w

Code of Civil Procedure - CCP - CCP § 1263.430

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1263.440

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1263.450

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 facilitie

Code of Civil Procedure - CCP - CCP § 1263.510

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 t

Code of Civil Procedure - CCP - CCP § 1263.520

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 c

Code of Civil Procedure - CCP - CCP § 1263.530

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.530

Nothing in this article is intended to deal with compensation for inverse condemnation claims for temporary interference with or interruption of business.

Code of Civil Procedure - CCP - CCP § 1263.610

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1263.615

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 ren

Code of Civil Procedure - CCP - CCP § 1263.620

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 ser

Code of Civil Procedure - CCP - CCP § 1263.710

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.710

(a) As used in this article, “remedial action” and “removal” shall have the meanings accorded to those terms in Sections 78125 and 78135, respectively, of the Health and Safety Code. (b) As used in this article, “required action” means any removal or other remedial action with re

Code of Civil Procedure - CCP - CCP § 1263.711

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1263.720

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 presen

Code of Civil Procedure - CCP - CCP § 1263.730

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 ne

Code of Civil Procedure - CCP - CCP § 1263.740

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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).

Code of Civil Procedure - CCP - CCP § 1263.750

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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)

Code of Civil Procedure - CCP - CCP § 1263.760

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1263.770

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1263.770

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

Code of Civil Procedure - CCP - CCP § 1265.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1265.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.110

Where all the property subject to a lease is acquired for public use, the lease terminates.

Code of Civil Procedure - CCP - CCP § 1265.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.120

Except as provided in Section 1265.130, where part of the property subject to a lease is acquired for public use, the lease terminates as to the part taken and remains in force as to the remainder, and the rent reserved in the lease that is allocable to the part taken is extingui

Code of Civil Procedure - CCP - CCP § 1265.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.130

Where part of the property subject to a lease is acquired for public use, the court may, upon petition of any party to the lease, terminate the lease if the court determines that an essential part of the property subject to the lease is taken or that the remainder of the property

Code of Civil Procedure - CCP - CCP § 1265.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.140

The termination or partial termination of a lease pursuant to this article shall be at the earlier of the following times: (a) The time title to the property is taken by the person who will put it to the public use. (b) The time the plaintiff is authorized to take possession of t

Code of Civil Procedure - CCP - CCP § 1265.150

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.150

Nothing in this article affects or impairs any right a lessee may have to compensation for the taking of his lease in whole or in part or for the taking of any other property in which he has an interest.

Code of Civil Procedure - CCP - CCP § 1265.160

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1265.160

Nothing in this article affects or impairs the rights and obligations of the parties to a lease to the extent that the lease provides for such rights and obligations in the event of the acquisition of all or a portion of the property for public use.