California Code of Civil Procedure

§ 1245.060

CCP § 1245.060 Effective Jan 1, 2022Title 7 · Part 3 · Ch. 4 · Art. 1

Statute text

(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.

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Legislative history

Amended by Stats. 2021, Ch. 401, Sec. 4. (AB 1578) Effective January 1, 2022.