SB 781, as introduced, Lara. Eminent domain: precondemnation activities.
Existing law authorizes any person authorized to acquire property for a particular use by eminent domain to enter upon property to engage in specified precondemnation activities that are reasonably related to acquisition or use of the property. Existing law provides that if the entry and activities upon the property cause actual damage to or substantial interference with the possession or use of the property, the owner may recover for the damage or interference in a civil action.
This bill would make technical, nonsubstantive changes to this provision of law.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1245.060 of the Code of Civil Procedure
2 is amended to read:
(a) If the entry and activities upon property cause
4actual damage to or substantial interference with the possession
5or use of the property, whether or not a claim has been presented
6in compliance with Part 3 (commencing with Section 900) of
7begin delete Divisonend deletebegin insert Divisionend insert 3.6 of Title 1 of the Government Code, the owner
P2 1may recover forbegin delete suchend deletebegin insert theend insert damage or interference in a civil action
2or by application to the court under
subdivision (c).
3(b) The prevailing claimant in an action or proceeding under
4this section shall be awarded hisbegin insert or herend insert costs and, if the court finds
5that any of the following occurred, hisbegin insert or herend insert litigation expenses
6incurred in proceedings under this article:
7(1) The entry was unlawful.
8(2) The entry was lawful but the activities upon the property
9were abusive or lacking in due regard for the interests of the owner.
10(3) There was a failurebegin delete substantiallyend delete to
complybegin insert substantiallyend insert
11 with the terms of an order made under Section 1245.030 or
121245.040.
13(c) If funds are on deposit under this article, upon application
14of the owner, the court shall determine and award the amount the
15owner is entitled to recover under this section and shall order such
16amount paid out of the funds on deposit. If the funds on deposit
17are insufficient to pay the full amount of the award, the court shall
18enter judgment for the unpaid portion.
19(d) Nothing in this section affects the availability of any other
20remedy the owner may have for the damaging of hisbegin insert
or herend insert
21 property.
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