(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).
§ 1245.060.Action For Damage Or Interference With Possession Caused By Entry and Activities
Title 7. Eminent Domain Law · Chapter 4. Precondemnation Activities · Article 1. Preliminary Location, Survey, and Tests · Last amended 2022 · Last verified July 29, 2026
In one sentenceSection 1245.060 lets an owner recover for actual damage or substantial interference caused by precondemnation entry through a civil action, as a defendant in an eminent domain case, or by application to the court, adding litigation expenses if the entry was unlawful, abusive, or noncompliant, and preserving a jury trial right on the compensation amount.
Full Text of § 1245.060
(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.
(2) The entry was lawful but the activities upon the property were abusive or lacking in due regard for the interests of the owner.
(3) There was a failure substantially to comply with the terms of an order made under Section 1245.030 or 1245.040.
(c) If funds are on deposit under this article, upon application of the owner, the court shall determine and award the amount the owner is entitled to recover under this section and shall order that amount paid out of the funds on deposit. If the funds on deposit are insufficient to pay the full amount of the award, the court shall enter judgment for the unpaid portion. In a proceeding under this subdivision, the owner has a right to a jury trial, unless waived, on the amount of compensation for actual damage or substantial interference with the possession or use of the property.
(d) Nothing in this section affects the availability of any other remedy the owner may have for the damaging of the owner's property.
Plain-English Summary
This section is the payoff for owners affected by precondemnation entry under §§ 1245.010 through 1245.050. If the entry and activities cause actual damage to the property or substantially interfere with its possession or use, the owner has three ways to seek recovery: a standalone civil action, a defense position inside an eminent domain case affecting the property, or a direct application to the court under subdivision (c). None of these paths require first presenting a claim under the Government Claims Act.
Winning any of these routes gets the owner costs as a matter of course. It gets the owner litigation expenses too, if the court finds the entry was unlawful, that the activities were abusive or showed a lack of regard for the owner's interests even though the entry itself was lawful, or that the entering party failed to substantially comply with the terms of an order issued under § 1245.030 or § 1245.040.
When there's money already on deposit under this article, subdivision (c) lets the court determine and award the amount due directly from those funds, entering judgment for any shortfall if the deposit isn't enough. The owner keeps the right to a jury trial on the amount of compensation unless that right is waived. And nothing in this section cuts off whatever other remedy the owner might otherwise have for damage to the property.
Frequently Asked Questions
How can a property owner recover for damage caused by a precondemnation survey or test?
Through a civil action, as a defendant in an eminent domain proceeding affecting the property, or by direct application to the court if funds are already on deposit under this article.
When can the owner also recover litigation expenses, not just damages?
Does the owner have to file a government claim first?
No. Section 1245.060 lets the owner proceed whether or not a claim has been presented under the Government Claims Act.
Is a jury trial available on the amount owed?
Yes, under subdivision (c), unless the owner waives that right.
Amendment History
Amended by Stats 2021 ch 401 (AB 1578),s 4, eff. 1/1/2022. 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: damages for precondemnation entry californiasue government for property survey damage california