Where an improvement pertaining to the realty is located in part upon property taken and in part upon property not taken, the court may, on motion of any party and a determination that justice so requires, direct the plaintiff to acquire the entire improvement, including the part located on property not taken, together with an easement or other interest reasonably necessary for the demolition, removal, or relocation of the improvement.
§ 1263.270.Improvement Located In Part Upon Property Taken and In Part Upon Property Not Taken
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 1263.270 lets a court, on motion and a finding that justice requires it, order the plaintiff to acquire an entire improvement that sits partly on taken property and partly on retained property, along with any easement or interest needed to demolish, remove, or relocate it.
Full Text of § 1263.270
Plain-English Summary
Improvements don't always respect the boundary between the property taken and the property left behind. When one straddles that line -- part on land the plaintiff is acquiring, part on land the defendant keeps -- an odd result can follow: the plaintiff owns half a structure and the defendant owns the other half.
This section gives the court a way to avoid splitting the improvement between two owners. On motion of any party, and a finding that justice requires it, the court can direct the plaintiff to acquire the whole improvement, including the portion sitting on property not otherwise being taken. The order can also require the plaintiff to acquire whatever easement or other interest is reasonably necessary to demolish, remove, or relocate the improvement once it's fully in the plaintiff's hands.
Frequently Asked Questions
What happens when an improvement sits partly on property taken and partly on property the defendant keeps?
Under § 1263.270, the court may direct the plaintiff to acquire the entire improvement, not just the part on the property taken.
Who can bring this motion?
Any party, and the court must find that justice requires the order.
Does the order cover more than just the improvement itself?
Yes. The court can also require the plaintiff to acquire an easement or other interest reasonably necessary to demolish, remove, or relocate the improvement.
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 located on part taken and part retainedsplit improvement eminent domain compensation