(a) The acquisition of property by eminent domain shall not prevent the defendant from harvesting and marketing crops planted before or after the service of summons. If the plaintiff takes possession of the property at a time that prevents the defendant from harvesting and marketing the crops, the fair market value of the crops in place at the date the plaintiff is authorized to take possession of the property shall be included in the compensation awarded for the property taken.
§ 1263.250.Defendant Harvesting and Marketing Crops
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 1263.250 protects a defendant's right to harvest and market crops planted before or after summons, pays the fair market value of standing crops if the plaintiff's possession prevents harvest, and lets the plaintiff instead bar new planting in exchange for compensating the defendant for that restriction.
Full Text of § 1263.250
(b) Notwithstanding subdivision (a), the plaintiff may obtain a court order precluding the defendant from planting crops after service of summons, in which case the compensation awarded for the property taken shall include an amount sufficient to compensate for loss caused by the limitation on the defendant's right to use the property.
Plain-English Summary
Farmland doesn't stop producing just because it's caught up in a condemnation case, and this section protects the defendant's ability to keep working the land through that process. Subdivision (a) lets the defendant harvest and market crops planted either before or after service of summons, without the eminent domain acquisition getting in the way.
That right runs up against a practical limit: if the plaintiff takes possession at a point that cuts off the defendant's chance to harvest, the compensation for the property taken has to include the fair market value of whatever crops were standing in the field on the date possession began.
Subdivision (b) gives the plaintiff a different tool for a different problem -- stopping the defendant from planting new crops after summons in the first place, rather than paying for crops already in the ground. With a court order barring new planting, the plaintiff avoids that later valuation issue, but the compensation awarded then has to include an amount covering the loss the defendant suffers from being unable to use the property that way.
Frequently Asked Questions
Can a defendant still plant and harvest crops after being served with an eminent domain summons?
Yes, § 1263.250(a) protects the defendant's right to harvest and market crops planted before or after summons.
What happens if the plaintiff takes possession before the defendant can harvest?
The compensation for the property taken must include the fair market value of the crops in place on the date possession was authorized.
Can the plaintiff stop the defendant from planting new crops?
Yes, by court order under § 1263.250(b), but the compensation awarded must then include an amount for the loss caused by that restriction.
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: harvesting crops eminent domain californiacompensation for growing crops condemnation