California Senate Bill SB781 Introduced / Bill

 BILL NUMBER: SB 781INTRODUCED 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.