§ 1263.750 Other remedies; abandonment of proceeding; compensation for benefit; liens

Codes > California Code of Civil Procedure > Part 3 > Title 7 > 1263.750

§ 1263.750. Other remedies; abandonment of proceeding; compensation for benefit; liens

  (a) Notwithstanding any action taken pursuant to this article, the plaintiff shall have available all remedies in law that are available to a purchaser of real property with respect to any cost, loss, or liability for which the plaintiff is not reimbursed under this article.

  (b) If the plaintiff abandons the proceeding at any time, the plaintiff shall be entitled to compensation for the benefit, if any, conferred on the property by reason of the remedial action performed pursuant to this article. That benefit shall be applied as an offset to the amount of any entitlement to damages on the part of the defendant pursuant to Section 1268.620 or, if it exceeds the amount of those damages, shall constitute a lien upon the property, to the extent of that excess, when recorded with the county recorder in the county in which the real property is located. The lien shall contain the legal description of the real property, the assessor's parcel number, and the name of the owner of record as shown on the latest equalized assessment roll. The lien shall be enforceable upon the transfer or sale of the property, and the priority of the lien shall be as of the date of recording. In determining the amount of the benefit, if any, neither party shall have the burden of proof.

  For the purposes of this subdivision, “benefit” means the extent to which the remedial action has enhanced the fair market value  ofthe property.

  APPLICATION

  For application of Article 8, see Code of Civil Procedure § 1263.770.