SECTIONS 1263.205-1263.270

1263.205.  (a) As used in this article, "improvements pertaining tothe realty" include any machinery or equipment installed for use onproperty taken by eminent domain, or on the remainder if suchproperty is part of a larger parcel, that cannot be removed without asubstantial economic loss or without substantial damage to theproperty on which it is installed, regardless of the method ofinstallation. (b) In determining whether particular property can be removed"without a substantial economic loss" within the meaning of thissection, the value of the property in place considered as a part ofthe realty should be compared with its value if it were removed andsold.1263.210.  (a) Except as otherwise provided by statute, allimprovements pertaining to the realty shall be taken into account indetermining compensation. (b) Subdivision (a) applies notwithstanding the right orobligation of a tenant, as against the owner of any other interest inreal property, to remove such improvement at the expiration of histerm.1263.230.  (a) Improvements pertaining to the realty shall not betaken into account in determining compensation to the extent thatthey are removed or destroyed before the earliest of the followingtimes: (1) The time the plaintiff takes title to the property. (2) The time the plaintiff takes possession of the property. (3) If the defendant moves from the property in compliance with anorder for possession, the date specified in the order; except that,if the defendant so moves prior to such date and gives the plaintiffwritten notice thereof, the date 24 hours after such notice isreceived by the plaintiff. (b) Where improvements pertaining to the realty are removed ordestroyed by the defendant at any time, such improvements shall notbe taken into account in determining compensation. Where such removalor destruction damages the remaining property, such damage shall betaken into account in determining compensation to the extent itreduces the value of the remaining property.1263.240.  Improvements pertaining to the realty made subsequent tothe date of service of summons shall not be taken into account indetermining compensation unless one of the following is established: (a) The improvement is one required to be made by a public utilityto its utility system. (b) The improvement is one made with the written consent of theplaintiff. (c) The improvement is one authorized to be made by a court orderissued after a noticed hearing and upon a finding by the court thatthe hardship to the defendant of not permitting the improvementoutweighs the hardship to the plaintiff of permitting theimprovement. The court may, at the time it makes an order under thissubdivision authorizing the improvement to be made, limit the extentto which the improvement shall be taken into account in determiningcompensation.1263.250.  (a) The acquisition of property by eminent domain shallnot prevent the defendant from harvesting and marketing crops plantedbefore or after the service of summons. If the plaintiff takespossession of the property at a time that prevents the defendant fromharvesting and marketing the crops, the fair market value of thecrops in place at the date the plaintiff is authorized to takepossession of the property shall be included in the compensationawarded for the property taken. (b) Notwithstanding subdivision (a), the plaintiff may obtain acourt order precluding the defendant from planting crops afterservice of summons, in which case the compensation awarded for theproperty taken shall include an amount sufficient to compensate forloss caused by the limitation on the defendant's right to use theproperty.1263.260.  Notwithstanding Section 1263.210, the owner ofimprovements pertaining to the realty may elect to remove any or allsuch improvements by serving on the plaintiff within 60 days afterservice of summons written notice of such election. If the plaintifffails within 30 days thereafter to serve on the owner written noticeof refusal to allow removal of such improvements, the owner mayremove such improvements and shall be compensated for theirreasonable removal and relocation cost not to exceed the market valueof the improvements. Where such removal will cause damage to thestructure in which the improvements are located, the defendant shallcause no more damage to the structure than is reasonably necessary inremoving the improvements, and the structure shall be valued as ifthe removal had caused no damage to the structure.1263.270.  Where an improvement pertaining to the realty is locatedin part upon property taken and in part upon property not taken, thecourt may, on motion of any party and a determination that justice sorequires, direct the plaintiff to acquire the entire improvement,including the part located on property not taken, together with aneasement or other interest reasonably necessary for the demolition,removal, or relocation of the improvement.