California Code of Civil Procedure

§ 1265.410

CCP § 1265.410Title 7 · Part 3 · Ch. 10 · Art. 4

Statute text

(a)Where the acquisition of property for public use violates a use restriction coupled with a contingent future interest granting a right to possession of the property upon violation of the use restriction:

(1)If violation of the use restriction was otherwise reasonably imminent, the owner of the contingent future interest is entitled to compensation for its value, if any.

(2)If violation of the use restriction was not otherwise reasonably imminent but the benefit of the use restriction was appurtenant to other property, the owner of the contingent future interest is entitled to compensation to the extent that the failure to comply with the use restriction damages the dominant premises to which the restriction was appurtenant and of which he was the owner.

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Legislative history

Added by Stats. 1975, Ch. 1275.