Notwithstanding Section 1263.210, the owner of improvements pertaining to the realty may elect to remove any or all such improvements by serving on the plaintiff within 60 days after service of summons written notice of such election. If the plaintiff fails within 30 days thereafter to serve on the owner written notice of refusal to allow removal of such improvements, the owner may remove such improvements and shall be compensated for their reasonable removal and relocation cost not to exceed the market value of the improvements. Where such removal will cause damage to the structure in which the improvements are located, the defendant shall cause no more damage to the structure than is reasonably necessary in removing the improvements, and the structure shall be valued as if the removal had caused no damage to the structure.
§ 1263.260.Notice of Election to Remove Improvements
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 1263.260 lets an owner of improvements pertaining to the realty elect, by written notice within 60 days of service of summons, to remove them, entitling the owner to reasonable removal and relocation costs capped at market value unless the plaintiff timely objects, while limiting damage to the structure and valuing it as if undamaged.
Full Text of § 1263.260
Plain-English Summary
Section 1263.210 generally requires improvements pertaining to the realty to be counted in compensation, but this section lets the owner opt out of that default and take the improvement instead. Notwithstanding § 1263.210, the owner may elect to remove any or all such improvements by serving the plaintiff with written notice of that election within 60 days after service of summons.
The plaintiff gets a chance to object, but only briefly. If the plaintiff doesn't serve a written notice of refusal within 30 days after receiving the owner's election, the owner is free to remove the improvements -- and gets paid for the reasonable cost of removal and relocation, capped at the improvements' market value.
Removal sometimes damages the structure the improvements sit in. This section keeps that damage in check two ways: the owner has to avoid causing more damage than removal reasonably requires, and the structure itself gets valued as though no removal damage occurred at all, so the owner's choice to exercise this right doesn't quietly reduce the compensation for the structure.
Frequently Asked Questions
How does an owner elect to remove improvements pertaining to the realty?
By serving the plaintiff with written notice of the election within 60 days after service of summons, under § 1263.260.
Can the plaintiff block the owner's removal election?
Only by serving a written notice of refusal within 30 days after the owner's election is served.
What does the owner recover for removing the improvements?
The reasonable cost of removal and relocation, capped at the market value of the improvements.
Does removal damage to the structure reduce the compensation for the structure?
No. The structure is valued as if the removal caused no damage, so long as the owner causes no more damage than reasonably necessary.
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: owner election to remove improvements eminent domainremoval and relocation cost condemnation