Find Legal Information

1263.010-1263.025

CODE OF CIVIL PROCEDURE
SECTION 1263.010-1263.025

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 provide compensation for the
same loss, the person entitled to compensation may be paid only once
for that loss.



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 compensation shall be paid by the public entity
to the owner over a period not to exceed 10 years from the date the
owner's right to compensation accrues. The agreement may also provide
for the payment of interest by the public entity; however, the rate
of interest agreed upon may not exceed the maximum rate authorized by
Section 16731 or 53531 of the Government Code, as applicable, in
connection with the issuance of bonds.


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.


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 makes the offer to purchase the property.
The independent appraisal shall be conducted by an appraiser
licensed by the Office of Real Estate Appraisers.
   (b) For purposes of this section, an offer to purchase a property
"under a threat of eminent domain" is an offer to purchase a property
pursuant to any of the following:
   (1) Eminent domain.
   (2) Following adoption of a resolution of necessity for the
property pursuant to Section 1240.040.
   (3) Following a statement that the public entity may take the
property by eminent domain.