§ 1263.210.All Improvements Taken Into Account In Determining Compensation

Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 3. Compensation for Improvements · Enacted 1975 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1263.210 requires that all improvements pertaining to the realty be counted in determining compensation unless a statute says otherwise, even where a tenant would otherwise have the right or obligation to remove the improvement at the end of the lease term.

Full Text of § 1263.210

Text sizeJump to: (a) (b)

(a) Except as otherwise provided by statute, all improvements pertaining to the realty shall be taken into account in determining compensation.

(b) Subdivision (a) applies notwithstanding the right or obligation of a tenant, as against the owner of any other interest in real property, to remove such improvement at the expiration of his term.

Plain-English Summary

Once something qualifies as an improvement pertaining to the realty under § 1263.205, this section tells the court what to do with it: count it. Except where another statute provides otherwise, every such improvement factors into the compensation determination.

Subdivision (b) closes off an argument landlords and tenants might otherwise raise against each other. A lease often gives a tenant the right, or even the obligation, to remove trade fixtures and similar improvements when the tenancy ends. That lease term doesn't change how the eminent domain case treats the improvement -- it still gets counted in determining compensation, regardless of what the tenant could or must do with it once the lease runs out.

Frequently Asked Questions

Are all improvements pertaining to the realty valued in a condemnation case?

Yes, except as otherwise provided by statute, under § 1263.210(a).

Does a tenant's right to remove fixtures at the end of a lease change this rule?

No. Section 1263.210(b) applies the counting rule regardless of a tenant's right or obligation to remove the improvement at the end of the term.

What exceptions exist to counting improvements pertaining to the realty?

Sections such as § 1263.230 and § 1263.240 create specific carve-outs, such as improvements removed or destroyed before certain dates, or built after service of summons without authorization.

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: improvements counted in eminent domain compensationtenant fixtures condemnation valuation