Code Civ. Proc., § 1245.060 · Article 1. Preliminary Location, Survey, and Tests
Code Civ. Proc., § 1245.060
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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 Division 3.6 of Title 1 of the Government Code, the owner may recover for that damage or interference in a civil action, as a defendant in an eminent domain action affecting the property, or by application to the court under subdivision (c).
(b) The prevailing claimant in an action or proceeding under this section shall be awarded the claimant’s costs and, if the court finds that any of the following occurred, the claimant’s 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 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 that 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. In a proceeding under this subdivision, the owner has a right to a jury trial, unless waived, on the amount of compensation for actual damage or substantial interference with the possession or use of the property.
(d) Nothing in this section affects the availability of any other remedy the owner may have for the damaging of the owner’s property.
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 401, Sec. 4. (AB 1578) Effective January 1, 2022.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=1245.060.
- Text hash
- sha256 9a19a1b37f7e565f21fa6cf354bbebae38b339ff26198a83536e45f6583e9ada
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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Code of Civil Procedure
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