RulesofCivilProcedure.com Civil Procedure · Every State

§ 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

In one sentenceSection 1263.610 lets a public entity agree with a property owner to relocate a structure or perform work on property not being taken, so long as doing so is likely to cut the compensation otherwise owed by at least as much as the relocation or work costs.

Full Text of § 1263.610

Text sizeJump to: (a) (b)

A public entity and the owner of property to be acquired for public use may make an agreement that the public entity will:
(a) Relocate for the owner any structure if such relocation is likely to reduce the amount of compensation otherwise payable to the owner by an amount equal to or greater than the cost of such relocation.
(b) Carry out for the owner any work on property not taken, including work on any structure, if the performance of the work is likely to reduce the amount of compensation otherwise payable to the owner by an amount equal to or greater than the cost of the work.

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.

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: relocate structure eminent domain agreement californiapublic entity work in lieu of compensation california