§ 1263.610.Agreement to Relocate Structure Or Carry Work On Property Not Taken
Title 7. Eminent Domain Law · Chapter 9. Compensation · Article 7. Miscellaneous Provisions · Enacted 1975 · no amendments on record · Last verified July 29, 2026
Full Text of § 1263.610
Plain-English Summary
Sometimes the cheapest way to compensate an owner is to fix the problem directly instead of writing a bigger check. This section lets a public entity and a property owner agree that the entity itself will do the work. The entity can offer to relocate a structure, or to perform work on property the case is not taking -- including work on a structure -- whenever that job is likely to shrink the compensation the entity would otherwise owe by an amount equal to or greater than the cost of the job.
The logic runs both ways: the owner benefits because the structure gets moved or the work gets done instead of being left to arrange and pay for it out of the award, and the public entity benefits because it is not paying for the same fix twice -- once through cash compensation and again through the owner's own contractor.
Frequently Asked Questions
Can a public entity offer to move a structure instead of paying for its loss in value?
Yes, if doing so is likely to reduce the compensation otherwise owed by an amount equal to or greater than the cost of the relocation.
Does this apply only to property being taken outright?
No -- it also covers work on property not taken, including work on a structure on the remainder.
Is an owner required to accept this kind of arrangement?
No, this section describes an agreement the parties may make; it is not compelled.
Amendment History
Added by Stats. 1975, Ch. 1275.