(a) Where property is taken under Section 1240.510, the parties shall make an agreement determining the terms and conditions upon which the property is taken and the manner and extent of its use by each of the parties. Except as otherwise provided by statute, if the parties are unable to agree, the court shall fix the terms and conditions upon which the property is taken and the manner and extent of its use by each of the parties.
§ 1240.530.Agreement By Parties Determining Terms and Conditions; Court Fixing Terms and Conditions
Title 7. Eminent Domain Law · Chapter 3. The Right to Take · Article 6. Condemnation for Compatible Use · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1240.530 requires the parties in a compatible-use taking to agree on the terms and conditions for sharing the property, or have the court fix them if they can't, lets the court instead permit a modified taking on adjusted terms if the plaintiff's original proposal fails § 1240.510's test, and allows ordering minor relocation of existing structures at the plaintiff's cost.
Full Text of § 1240.530
(b) If the court determines that the use in the manner proposed by the plaintiff would not satisfy the requirements of Section 1240.510, the court shall further determine whether the requirements of Section 1240.510 could be satisfied by fixing terms and conditions upon which the property may be taken. If the court determines that the requirements of Section 1240.510 could be so satisfied, the court shall permit the plaintiff to take the property upon such terms and conditions and shall prescribe the manner and extent of its use by each of the parties.
(c) Where property is taken under this article, the court may order any necessary removal or relocation of structures or improvements if such removal or relocation would not require any significant alteration of the use to which the property is appropriated. Unless otherwise provided by statute, all costs and damages that result from the relocation or removal shall be paid by the plaintiff.
Plain-English Summary
Winning the right to a compatible-use taking under § 1240.510 doesn't answer every practical question, since two public uses sharing one property still need ground rules for how that sharing works in practice. Section 1240.530 requires the parties to agree on the terms and conditions governing the taking and the manner and extent of each party's use; if they can't agree, the court fixes those terms itself.
Subdivision (b) gives the court a middle path when the plaintiff's original proposal doesn't hold up. If the court finds the use as originally proposed wouldn't satisfy § 1240.510, it doesn't have to deny the taking outright. It can instead ask whether the requirements could be satisfied by different terms and conditions, and if so, permit the taking on those adjusted terms while prescribing how each party will use the property.
Subdivision (c) lets the court order removal or relocation of structures or improvements, but only if that removal or relocation wouldn't significantly alter the use to which the property is already appropriated. Unless another statute says otherwise, the plaintiff bears all the costs and damages that removal or relocation causes.
Frequently Asked Questions
What happens if the parties can't agree on how to share the property?
The court fixes the terms and conditions upon which the property is taken and the manner and extent of its use by each party.
What if the plaintiff's original proposed use doesn't satisfy § 1240.510?
The court can consider whether different terms and conditions would satisfy the requirements, and if so, allow the taking on those adjusted terms instead of denying it outright.
Can the court order existing structures moved to make room for the new use?
Yes, if the relocation wouldn't significantly alter the existing appropriated use, with the plaintiff bearing the resulting costs and damages unless a statute provides otherwise.
Amendment History
Added by Stats. 1975, Ch. 1275.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: terms and conditions compatible use taking california