BILL NUMBER: SB 781	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lara

                        FEBRUARY 22, 2013

   An act to amend Section 1245.060 of the Code of Civil Procedure,
relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1245.060 of the Code of Civil Procedure is
amended to read:
   1245.060.  (a) If the entry and activities upon property cause
actual damage to or substantial interference with the possession or
use of the property, whether or not a claim has been presented in
compliance with Part 3 (commencing with Section 900) of 
Divison   Division  3.6 of Title 1 of the
Government Code, the owner may recover for  such 
 the  damage or interference in a civil action or by
application to the court under subdivision (c).
   (b) The prevailing claimant in an action or proceeding under this
section shall be awarded his or her  costs and, if the court
finds that any of the following occurred, his  or her 
litigation expenses incurred in proceedings under this article:
   (1) The entry was unlawful.
   (2) The entry was lawful but the activities upon the property were
abusive or lacking in due regard for the interests of the owner.
   (3) There was a failure  substantially  to comply
 substantially  with the terms of an order made under
Section 1245.030 or 1245.040.
   (c) If funds are on deposit under this article, upon application
of the owner, the court shall determine and award the amount the
owner is entitled to recover under this section and shall order such
amount paid out of the funds on deposit. If the funds on deposit are
insufficient to pay the full amount of the award, the court shall
enter judgment for the unpaid portion.
   (d) Nothing in this section affects the availability of any other
remedy the owner may have for the damaging of his  or her 
property.