(a) If there is a dispute between plaintiff and defendant whether particular property is an improvement pertaining to the realty, either party may, not later than 30 days prior to the date specified in an order for possession of the property, move the court for a determination whether the property is an improvement pertaining to the realty.
§ 1260.030.Determination As to Whether Property Improvement Pertaining to Realty
Title 7. Eminent Domain Law · Chapter 8. Procedures for Determining Right to Take and Compensation · Article 1. General Provisions · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1260.030 lets either party move, no later than 30 days before the date set for possession, for a court determination of whether disputed property is an improvement pertaining to the realty, with the motion heard 10 to 20 days after notice and the court free to consider any relevant evidence, including a view of the property.
Full Text of § 1260.030
(b) A motion under this section shall be heard not sooner than 10 days and not later than 20 days after service of notice of the motion. At the hearing, the court may consider any relevant evidence, including a view of the premises and property, in making its determinations.
Plain-English Summary
Whether a piece of property counts as an improvement pertaining to the realty matters for compensation -- it determines how the item gets valued and who's entitled to be paid for it. When plaintiff and defendant disagree about that classification, this section gives either side a way to get an answer before trial.
The motion has to be filed no later than 30 days before the date set for possession of the property, and it's heard on a fixed schedule: not sooner than 10 days, and not later than 20 days, after the notice of motion is served. At the hearing, the court isn't limited to the papers -- it can consider any relevant evidence, including an actual view of the premises and the property in question.
Resolving this question early keeps it from becoming a last-minute fight during the compensation trial itself, and ties into the broader improvement-related compensation rules in Chapter 9.
Frequently Asked Questions
What does this motion decide?
Whether particular property is an improvement pertaining to the realty, when the plaintiff and defendant disagree about that classification.
What's the deadline for filing this motion?
No later than 30 days before the date specified in an order for possession of the property.
When is the motion heard?
Not sooner than 10 days and not later than 20 days after service of the notice of motion.
Can the court view the property before ruling?
Yes. Section 1260.030(b) lets the court consider any relevant evidence, including a view of the premises and property.
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: improvement pertaining to realty eminent domain californiamotion to determine improvement classification